Along with all the people going nuts and promising a “war” if Republicans move to replace Justice Ruth Bader Ginsburg before the election, we saw a few Democrats over the weekend, such as Jerry Nadler and Joe Kennedy III, proposed that President Joe Biden should immediately expand the Supreme Court if the Senate seats President Trump’s nominee before the November election. Once again, if you can’t win, change the rules.

Jonah Goldberg has published a piece in the Los Angeles Times proposing a deal Democrats could make with a tiny handful of Republicans to prevent them from seating Trump’s nominee before the election.

In short, Democrats will agree not to pack the court if Republicans hold off on confirming Trump’s nominee:

This is why the Senate could use some posturing and politics right now. Republicans have the ability to replace Ginsburg before the election or immediately after in a lame duck session. That is a huge bargaining chip, and given that the GOP’s majority is so slim, it’s a chip that can be traded by even a handful of Republican senators.

A few Republicans could agree to postpone the process until after the election in exchange for a few Democrats agreeing never to vote for a court-packing scheme. This would give voters some buy-in for whatever happens next. If no Democrats agree, then their issue is really with the system, and Republicans should feel free to vote for Trump’s pick, even in a lame duck session. Of course, if Trump wins, he gets his pick anyway. And there’s no reason he shouldn’t nominate someone now.

Wow, that’s assuming a lot from the Democrats. If “a few” agree never to vote for a court-packing scheme, how does that stop the majority from voting for it? No deal.

Or how about this deal — Republicans seat Trump’s nominee before the election, and then we wait and see how Americans vote in the aftermath to see if they approve. If Democrats sweep it, then they get to make the decisions.

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