Would an R controlled senate (led by McConnel) let Biden appoint justices?

[ProgressiveModerate]

This is honestly one of my biggest fears; a Biden residency with an R senate who literally lets him do nothing; doesn't even give him a chance. Considering ho heavily the senate skews Rs, it would probably be ok in the long term for Rs to deny Biden a justice. I still don't quite buy Ds are winning the senate but who knows.

[WD]

This is honestly one of my biggest fears; a Biden residency with an R senate who literally lets him do nothing; doesn't even give him a chance. Considering ho heavily the senate skews Rs, it would probably be ok in the long term for Rs to deny Biden a justice. I still don't quite buy Ds are winning the senate but who knows.

You shouldn’t be so skeptical. Democrats are favored to win the Senate imo. They have about a 55% chance right now and there aren’t any signs that things are getting better for the GOP.

[TML]

In the first half of his term, quite likely.

In the second half of his term, less likely.

[SnowLabrador]

If you think the answer is anything other than "absolutely not", you're a fool.

[Pyro]

Reminder that McConnell was planning on keeping the Scalia seat vacant if Clinton won in 2016.

[Attorney General & PPT Dwarven Dragon]

In the first half of his term, quite likely.

In the second half of his term, less likely.

[Roll Roons]

In the first half of his term, quite likely.

In the second half of his term, less likely.

Yeah, I think they'll throw him a bone in the first two years, especially if he's replacing RBG and/or Breyer.

[Mr. Smith]

No.

They're ready to play the long game until 2024.

If Dems don't take The Senate, the choices are to A) give Trump more slots or B) whomever defeats Biden [or successor] in 2024.

There was never a matter of stopping the FedSocs by simply defeating Trump. Ever.

[Stand With Israel. Crush Hamas]

Ultimately, I think they see the polling and let him replace Ginsburg and Breyer.

The Scalia pick was seen as a crisis because it would have tilted the balance of the court firmly liberal. I don't know if they see this coming fight as worth the political capital.

[NewYorkExpress]

No, and they won't confirm his Cabinet nominees either.

[MarkD]

They'll only let Biden replace liberal Justices.

And why is this question in the board about Congressional Elections?

[Coolface Sock #42069]

Yes, but I think they might insist on older, more moderate justices.

I believe Republican tank and file voters would prefer such a seat be held open, but I think senators would be smarter than to start playing that game.

For those of you talking about the political capital, though, consider that letting Biden appoint justices also involved spending political capital.

[Amenhotep Bakari-Sellers]

Lol Ds will win the Senate if Biden wins the Prez, AZ, CO, GA, IA, ME, MT and NC are Tilt D

[Former President tack50]

No. Or at best they let Biden confirm centrist judges to replace the liberals.

[Pericles]

Yes, but I think they might insist on older, more moderate justices.

I believe Republican tank and file voters would prefer such a seat be held open, but I think senators would be smarter than to start playing that game.

For those of you talking about the political capital, though, consider that letting Biden appoint justices also involved spending political capital.

What's the political gain for Republicans from compromising with Biden? 2022 is a midterm year anyway, and so they're unlikely to lose the majority then. And 2024 has a great Senate map for Republicans. Plus, even if voters get annoyed by obstruction they'll move onto other things and it'll be a minor factor in the ultimate outcome in future elections. The sad reality is compared to at best a minor vote loss, the gain in denying progressives a seat for a few years and then being able to put in place a conservative justice is much greater.

[Attorney General & PPT Dwarven Dragon]

Yes, but I think they might insist on older, more moderate justices.

I believe Republican tank and file voters would prefer such a seat be held open, but I think senators would be smarter than to start playing that game.

For those of you talking about the political capital, though, consider that letting Biden appoint justices also involved spending political capital.

What's the political gain for Republicans from compromising with Biden? 2022 is a midterm year anyway, and so they're unlikely to lose the majority then. And 2024 has a great Senate map for Republicans. Plus, even if voters get annoyed by obstruction they'll move onto other things and it'll be a minor factor in the ultimate outcome in future elections. The sad reality is compared to at best a minor vote loss, the gain in denying progressives a seat for a few years and then being able to put in place a conservative justice is much greater.

I guess the question is whether this thread is just about SCOTUS or about lower courts. If we're talking lower courts then for lots of reasons you have to confirm some people eventually. No one wants to see  the headline "People wait X years in X District court because there is only 1 Judge." McConnell did allow Obama to have some lower court confirmations in '15 and '16.

If we're talking SCOTUS only then you wouldn't have to fill it unless like three or four of them died within one presidential term

[Amenhotep Bakari-Sellers]

Its likely a split Senate if anything

[○∙◄☻¥tπ[╪AV┼cVê└]

No. Or at best they let Biden confirm centrist judges to replace the liberals.

Being centrist didn't get Garland confirmed.

[Arizona Iced Tea]

No. Or at best they let Biden confirm centrist judges to replace the liberals.

Being centrist didn't get Garland confirmed.

Scalia was a conservative judge though

[The Other Castro]

Though an R controlled Senate is less likely, anyone that thinks McConnell would willingly give up a SCOTUS seat hasn't been paying attention.

[Stockdale for Veep]

The D-friendly 2022 map would be the only reason he doesn't pull any stunts.

[Amenhotep Bakari-Sellers]

Ds would be tied not R controlled,  Ds would win AZ, CO, ME plus 1 of the following: GA, IA, MT or NC, giving Ds 50 seats, but under Senate rules that were adopted in 2000 when Daschle and Lott were Leaders Minority party would still retain rights to bring Bills and nominations to floor. It would be hypocritical for Ds to eliminate that since Daschle co sponsored that negotiation when Ds were in the Minority. McCain helped craft the package

[Xing]

At best, maybe they’d let him replace RBG with a relatively old, moderate justice. Other than that, they’d obstruct for four years straight. Anyone who thinks Republicans will play nice once Trump is gone have had amnesia for at least 12 years, if not 26, if not more.

[UncleSam]

Ya but he would insist on a Merrick Garland type of justice. Don’t think he let’s through a progressive.

[Use Your Illusion]

If you think the answer is anything other than "absolutely not", you're a fool.

Pretty much this. And in the case of a GOP controlled senate while Biden wins the presidency, it would still be best for RBG to step down as soon as Biden takes office. America will still be in that very brief honeymoon phase they have with every new president. When the senate inevitably blocks everything Biden does to replace RBG, Biden will have enough a (still) popular edge to be able to politically assassinate McConnell and paint another "do nothing" Congress to the American public.

Biden's window to operate is going to be very short. If Biden pushes hard enough he MIGHT be able to get anyone he wants.