Vosem
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Posts: 15,637
Political Matrix E: 8.13, S: -6.09
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« on: August 27, 2016, 11:30:27 PM » |
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Considering that Democrats are likely to take the Senate on January 3, 2017 (current polling suggests 5 Democratic gains for a 51-49 advantage), I think Garland is likely to receive a vote and be confirmed, and that there is even a possibility this occurs in the very tail-end of the Obama Administration. As for Hillary's non-Garland nominees, it's difficult to say whether she'll even have any -- Ginsburg will be the most senior liberal on a majority 5-4 liberal court and will therefore be writing a great deal of opinions and be unlikely to leave; Sotomayor and Kagan are also pretty junior Justices who are unlikely to leave. It's possible Breyer retires, but there are several opinions (including on gerrymander reform, actually) that he clearly intends to write, and if he does intend to retire it won't be until very late 2017 or early 2018 at the earliest, at which point the 2018 cycle will be well under way and red-state Democrats may be averse to voting for a Hillary SCOTUS nominee; it may not actually be brought up for a vote until the lame-duck session in late 2018, imo.
As for replacing one of the other Justices -- none of them will willingly be replaced by Hillary; one of them would have to die. Kennedy is 80; the other conservative Justices are all in their 60s. Decide for yourself how likely that is; Clarence Thomas is thought to have an ambition to become the longest-serving Justice ever, for which he would have to stay in office until 2029, when he will be 81.
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