GOP had 54-member majority in 2016, and an 11-9 majority on Judiciary Committee.
Graham/Flake woulda felt compelled to approve an Obama nom (add Hatch for Garland), and send to floor.
Kirk, Collins, Murkowski woulda added their votes to confirm.
Dems woulda turned court left.
McConnell stepped in with his made-up principle to protect his members from the consequences of their prior commitments that they themselves wanted to abandon (but on their own had no good reason to) when the balance of the Court for a generation was finally at stake.
Democrats, for their part, demanded hearings and a vote for Obama's nominee BECAUSE THEY KNEW THEY HAD THE VOTES to turn the court solidly liberal for the first time since 1969.
It's why RBG joined the #WeNeedNine bandwagon, too
The roles are reversed in 2020 because Republicans have the votes to confirm Trump's nominee to finally complete their own mission, begun in 1969, to get a solidly conservative SCOTUS majority that obviates any wobbly vote....and Democrats don't have the votes to stop it.
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The decision feels like Bruen in that it'll have the justices in subsequent cases going WAIT NO WE DIDN'T MEAN THAT except it'll be after Emperor Trump orders Kavanaugh to chew off Roberts's face in the supersized Thunderdome constructed on top of the Supreme Court building
Hahahaha what am I saying this opinion will never be cited again if dude returns to office because they'll just Weekend at Bentham him so that he'll remain immune from whatever crimes he commits while alive or dead during his eternal reign
If dude loses then yeah so long as this SCOTUS is similarly constituted a majority will permit any subsequent Republican DOJ to swiftly execute any past Democratic President for the nonofficial criminal acts of Winning an Election and Democrating While In Office.
FedSoc’s founder comes out as a 2020 Election denier:
“[M]any Republicans, myself included, thought that the 2020 presidential election was probably stolen, even though that fact could not be proved in a court of law.”
Not two years ago dude was writing to the Yale Daily News saying he supports affirmative action and signing a SCOTUS amicus brief with the liberal Amar brothers against the Independent State Legislature theory abovethelaw.com/2022/11/federa…
Jackson came straight out of the blocks in October 2022 to give full weight to the proper understanding of the Civil Rights Act of 1866 and the Reconstruction Amendments as keys to our ensuring a robust multiracial democracy today: