But despite devoting two paragraphs to what happened when the Notorious RBG died, he fails entirely to mention that the GOP controlled Senate (despite the election being over 18 months away!) blocked the nomination of Merrick Garland, to her vacancy.
Here, a mere five months from the the next election, he assumes the GOP won't filibuster a PAIR of nominations, by Mr. Biden -- should Sotomayor and Kagan step aside?!?
What is he smoking? Here's a bit:
. . .[T]hree liberal Republican-appointed justices voluntarily left the Court knowing their seats would be taken by three justices who would be appointed by Democratic presidents and confirmed by a Democratic Senate. These justices obviously trusted Democrats, rather than Republicans, to nominate successors who would continue their liberal legacies.
So how do these liberal Republican-appointed justices compare with our three liberal Democratic-appointed justices: Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan?
The late Justice Ginsburg’s story is well-known. If she had chosen to resign in 2013 [WTAH?!], she would have been 80 years old with a distinguished 20-year record on the Supreme Court. Her successor would have been named by Obama and confirmed by a Senate controlled by Democrats. Yet her refusal to resign eventually resulted in the appointment of Amy Coney Barrett by President Donald Trump. . . .
[Forgive me, professor -- but you leave unmentioned the clear MAGA obstruction, almost 18 months BEFORE a general election.] Thus, the entire opinion he offers is devoid of meaning -- given his failure to account for the current realities of MAGA/GOP filibusters -- and offer a practical solution to the scorched Earth MAGA / GOP Senate crowd that now can do so -- almost at will.
Nope. Democrats and progressives must win in November, and then sometime in 2025, the two might consider offering their seats.
That's the only logical answer -- or, an expansion to 13 seats -- in 2025, by Executive Order, or an Act of Congress.
Out.
नमस्ते
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