Yes. I think it's safe to assume that McConnell will push a nomination through. Biden is likely to win the election. If the Democrats also win the Senate, they'll be able to undo much of the damage.
The White House and House without the Senate will create a holding pattern.
It will stop the slide toward fascism, but the Democrats will be limited in the progress they can make.
On the other hand, win the House, Senate, and White House and McConnell's appointment won't matter.
What I meant by "it won't matter" is that we have three branches of government.
One branch (particularly the judicial) can't overpower the other two.
I'm also confident that if McConnell rams a justice through, and the Democrats take the Senate . . .
. . . House and White House, they will increase the number of justices. That would be the right thing to do, the fair thing to do, and it can be justified under numerous theories. I did a blog post in this a few days ago.
Schumer and Pelosi might have a way to stop it. An impeachment trial may or may not stop an appointment if McConnell is determined to push one through.
Leveraging the GOP's power grab to win the election by a large margin may be the only recourse.
The executive branch, particularly if backed up by Congress, can overpower the judicial branch. It's a matter of who has the muscle.
But the judiciary alone simply can't overpower Congress + the White House.
The judiciary branch is largely reactive.
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