(10-19-2016 11:33 AM)JustAnotherAustinOwl Wrote:  Here's another question: If the Dems take back the Senate, which seems more likely than not, does Schumer take the nuclear option and abolish the filibuster for Supreme Court nominees? I think the blocking of Garland, who is as moderate as the R's are going to get from a Dem president, and now McCain's astounding claim that they will block all of Clinton's nominees, have pretty much made that inevitable. And probably for the best, IMHO.

McCain's comments were vague and arguably implied that they will oppose but not filibuster Clinton's nominees. He also softened them hours later.

There is little or no precedent for filibustering SC nominees. I think Fortas was the only one, and some Rs have argued (when it suited them, of course) that the rejection of Fortas was not technically a filibuster.

If Clinton wins and the Ds retake the Senate, my questions are:

1. Will Obama withdraw the Garland nomination? I would prefer a strong center on the Court, but the Rs, in insisting the next President should choose, clearly opened the door for someone who is not a moderate.

2. Will Senate Rs filibuster any SC nominee? The lack of precedent would suggest not, but their response to Garland signals that they are unconcerned with both precedent and compromise.

The answer to #2 will answer your question.