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Following the death of Justice Ruth Bader Ginsburg, the Constitution charges President Donald Trump with the responsibility of nominating her successor, and the Senate with giving their advice and consent. If Republicans are successful at appointing a reliably conservative nominee to fill the vacancy left by Justice Ginsburg, it will be the first solid conservative majority on the court since the 1930s.
The stakes are particularly high, the political climate is at its worst, and there are a lot of lingering questions. And unlike Trump, Biden has refused to produce a list of potential nominees. So what kind of judicial nominees will we see in a Biden Administration? And will Democrats attempt to pack the Supreme Court if they control Congress and the presidency? There have already been calls to do so, and court packing proposals have long been part of the Left’s judicial playbook.
Over the next few months, we will see protests, misrepresentations of the record of the nominee, and attempts to obstruct the procedure and processes of the confirmation. As Senator Graham angrily told Kavanaugh during the 2018 hearings: “You’re looking for a fair process? You came to the wrong town, at the wrong time my friend.”
A panel of experts discuss what’s next in this process, why this battle will be marked by “opposition at any cost,” and what else we can expect to see in this latest chapter of judicial confirmation mayhem.
Senior Advisor, Judicial Crisis Network Co-Founder, Madison Strategies
Vice President of Legal and Judicial Strategy, Americans for Prosperity
Director, Robert A. Levy Center for Constitutional Studies, Cato Institute
Director of Public Policy, The Committee for Justice