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Would Republicans stick to the ‘Garland Rule’ if Trump were on his way out?

Attorney Scott Pilutik wrestles with the news of the day, from a lawyerly perspective…

[Regarding this NY Times story: Why Republicans will sidestep their Garland Rule for the Court in 2020]

If a SCOTUS vacancy opened on the morning a Democrat president-elect was to be sworn in, the outgoing Trump and the Republican-controlled Senate wouldn’t hesitate to seat whichever sober-appearing warm body the Federalist Society could manage to scare up.

The media mostly treats the question of whether Republicans will hold themselves to the principled hill they previously appeared ready to die on as a serious one, but the data is all in. They’re going to operate in bad faith every time, but especially if there’s a SCOTUS seat up for grabs.

See also, debt ceiling.


Also relevant is this great conversation between Dahlia Lithwick and Jeff Rosen about Ruth Bader Ginsburg. You’ll learn far more about Ginsburg than anything you could possibly read inside an hour.

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