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.
Column: Here's a deal Democrats could make to prevent a Ginsburg replacement before the election https://t.co/lq9VnW947K
— L.A. Times Opinion (@latimesopinion) September 21, 2020
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.
1. I said something similar to @JonahDispatch
2. This would require Democrats to propose a grand bargain, and…
3. Give Trump a reason to accept.
Talk about threading the proverbial needle. https://t.co/RhYtu1u5lQ
— Pradheep J. Shanker (@Neoavatara) September 21, 2020
No deal. Fill the seat or lose your seat.
— Sound the Dread Alarm (@_ThisJustin_) September 21, 2020
As others noted, can't do it on some promise by a few Ds.
— mallen2010 (@mallen2010) September 21, 2020
Would take something massive.
— Pradheep J. Shanker (@Neoavatara) September 21, 2020
I don't see how any of this could possibly work without Dems giving up something they currently have as a gesture of good faith
Could be anything… Tim Scott's reform bill, COVID relief, anything. But it can't be a future promise. It has to be tangible and real and right now.
— PoliMath (@politicalmath) September 21, 2020
The Dems aren't going to offer any deal good enough to give that up.
And their court packing threat is a bit like threatening to "blow up the moon" since AOC et al's willingness to do it is irrelevant, because it exceeds their capabilities.
— Andrew Follett (@AndrewCFollett) September 21, 2020
There's no enforcement mechanism. EOS
— Dennis (@spongeworthy2) September 21, 2020
Absolutely no compromise
— Hooray Beerz (@HoorayBeerz1) September 21, 2020
They need to provide a tangible asset. You are asking us to accept a pinkie promise in exchange for a goal labored for over generations.
— cameraman502 (@cameraman502) September 21, 2020
The only bargain is obvious- Breyer retires now and Republicans agree to fill his seat and not RBGs and Democrats agree to confirm his nominee unanimously.
— Reginald P. Grant (@ReginaldPGrant) September 21, 2020
There is no reason to make a deal. Republicans have the power. Cram it down Dems throats like they would do if the roles were reversed.
— Jay Tedder (@jaytedder) September 21, 2020
Stop entertaining stupid ideas. This seat is ours. There is no deal to be made nor is there anything they could offer that has this value.
— Phil (@philllosoraptor) September 21, 2020
Nope. Never negotiate with terrorists.
— Paul D. (@pdon115) September 21, 2020
I need to see Biden’s short list of nominees if we are including this as part of our consideration for the presidency. #BidenShortList
— Rob MacDonald (@87friar) September 21, 2020
Dude, you are Charlie Brown with Lucy and the football. As slow Joe would say, “c’mon man!”
— Ace (@Bryan_Dietze) September 21, 2020
How about this deal: Vote Ginsburg's replacement in without the usual smear campaign, and REPUBLICANS promise not to do their own court-packing.
— Philly193 (@Flyers193) September 21, 2020
This is the equivalent of trading Lebron James to the Denver Nuggets *today* for two second-round draft picks.
You lose today, you lose tomorrow, you lose forever with these silly "compromises."
— Chris (@chriswithans) September 21, 2020
This is the "We have to be better than they are" argument all over again. Where, one might ask, has that gotten us??
— Wyckham Seelig (@wdseelig) September 21, 2020
What an incredibly stupid idea but sadly, I've come to expect nothing less from the Conservatism Conserving Conservatives.
— Skeptical Stoic (@StoicSkeptical) September 21, 2020
Quick question, Jonah: Did you watch what the Democrats did to Brett Kavanaugh?
— Max Nordau (@MaxNordau) September 21, 2020
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.
‘Let’s do it!’ Babylon Bee floats ‘brilliant’ scenario about who Trump should nominate for SCOTUS (and why) https://t.co/bcOUlQhkVW
— Twitchy Team (@TwitchyTeam) September 21, 2020