Elephant in the room for all of us: just defeating Trump will not make it safe for RBG and Breyer to leave the Supreme Court. They need a Democratic Senate as well.
Otherwise, what will happen next will make what happened to Merrick Garland look like a pillow fight.
Otherwise, what will happen next will make what happened to Merrick Garland look like a pillow fight.
Here's the thing. Contrary to conventional wisdom, Republicans *did* pay a price for refusing to seat Garland.
The Court swung left for a year without Scalia's vote. And some big cases on guns, abortion, affirmative action, and labor didn't go well for them in the interim.
The Court swung left for a year without Scalia's vote. And some big cases on guns, abortion, affirmative action, and labor didn't go well for them in the interim.
But if one of the liberal justices leaves the Court, even under a Democratic president, the exact opposite will happen.
The Court will swing to the right *even if that seat doesn't get filled at all*.
The Court will swing to the right *even if that seat doesn't get filled at all*.
If Clinton won in 2016, Republicans would have given in and seated Garland. It was inevitable. The Court was swinging left even with that seat held open, and Garland was the best option they were going to get.
If RBG or Breyer left, they would have no incentive to fill it, ever.
If RBG or Breyer left, they would have no incentive to fill it, ever.
So the big takeaway here is, we have to win the White House AND the Senate in one swoop, if we want any hope of saving the Supreme Court from a 30 to 40 year ideological takeover.
Happy Thanksgiving, y'all!
Happy Thanksgiving, y'all!
