The fight to replace Ruth Bader Ginsburg megathread

[Stranger in a strange land]

Good question.

I was very skeptical of the Lincoln Project at the outset, but: https://twitter.com/ProjectLincoln/status/1307468813718319104

Most likely they were just drafting a statement, because unlike Mitch McConnell, they didn't have one ready to go AN HOUR AFTER HER DEATH WAS ANNOUNCED.

[Stranger in a strange land]

The filibuster is eventually going to have to go for the Republic to continue to function. It's become a major contributor to gridlock and dysfunction and it basically forces the judiciary to legislate from the bench beacause congress can't do its job as outlined in the constitution. No other Democracy has anything similar, and no state legislature even has it.

[Stranger in a strange land]

I pitched this idea in a different thread but is it possible Dems if they get a big enough trifecta ca. amend the constitution that the Supreme Court membership can’t go pass the amount of numbered circuit courts as was originally tradition so after Puerto Rico and DC get state hoods we get 3 new judges for the Supreme Court to make up for Mitch’s garbage while also making a tit for tat on SC size harder?

Amending the Constitution concerning the Supreme Court ain't happening except on a bipartisan basis. An amendment would require the approval of 39 of the then  52 States.  In any case, all your proposed amendment would do is give Republicans even more of  a reason to split up the 9th circuit.

What about including splitting up the 9th circuit as a bone to conservatives as part of a judicial reform package that primarily focuses on packing/reforming the Supreme Court?

[Stranger in a strange land]

Thinking out loud here: McConnell's timeline for confirming Barrett by Oct. 27 depends on Dems blocking the GOP's second covid relief bill that he is bringing to the floor right before Barrett. But what if Dems don't do that?

Strategy A (don't block the covid bill until a later stage):

Oct. 22: Covid vote: Cloture on motion to proceed (LET THIS PASS)
Oct. 24: motion to proceed
Oct. 26: Cloture vote on bill (block here)
later on Oct. 26: cloture filed on Barrett
Oct. 28: Cloture vote on Barrett
Oct. 30: Final vote on Barrett

This obviously wouldn't stop McConnell. Even if Schumer is playing games with various motions, McConnell still has several days to spare here.

The even wilder strategy - let the GOP actually pass their covid bill:

Oct. 22: Covid vote: Cloture on motion to proceed
Oct. 24: motion to proceed
Oct. 26: Cloture vote on bill
Oct. 28: final vote on bill
later on Oct. 28: cloture filed on Barrett
Oct. 30: Cloture vote on Barrett
Nov. 1 (?!?) : Final vote on Barrett

This would get a little dicey for McConnell - Nov. 1 doesn't offer much lead time if there's some sort of quorum issue or if someone gets sick, and Schumer might be able to use up a day through motions and such anyways. And eventually, GOP senators up for re-election have to head home for their victory parties or concession speeches. This could conceivably delay Barrett to after the election. It would not stop her confirmation - but it would make it the first vote of the lame duck rather than the last vote before the election.

Is it worth it for dems to do this?

Yes, because the optics of confirming Barrett after a Trump defeat are absolutely terrible and would make even the most wishy-washy centrist Dems open to court-packing.