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Title : Will Trump and the GOP Senate get a new Justice confirmed before the election?
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Will Trump and the GOP Senate get a new Justice confirmed before the election?

My first thought was that they won't even try. They'll use the open seat as a political issue — an argument why it is so important to reelect Trump and to keep a GOP majority in the Senate. And the backup plan can be that if Trump loses, they can accomplish the appointment after the election, before the new Senate and President are sworn in. So what if they said something else before the election?!

But then — in discussion here at Meadhouse — the thought came up that this election could be contested. There's so much talk about election fraud and mail-in voting, that there could be Bush v. Gore type litigation arising in various states, and the outcome of the election could well depend on that. Right now, the Supreme Court has only 8 Justices, and though there are presently 5 conservatives and only 3 liberals, a 4-4 tie is possible, with one vote switch, and Trump might want his person on the Court to lock in a conservative majority.

ADDED: The strongest argument for Trump to go right ahead and immediately nominate someone is that President Obama made a nomination in the election year of 2016 when Antonin Scalia died. Obama's nomination was not confirmed, but that was because the GOP controlled the Senate. There was nothing about Obama's lack of support in the Senate that made him more willing to make a nomination in an election year. He made the nomination in spite of the lack of support. Why should Trump refrain when he has Senate support?

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