It’s all very … political. But the Supreme Court has always been as much a political body as a legal one. Supporters of the President, and of Garland, are seeking to impose the maximum amount of political pain on their opponents in the Senate.
Democrats have already started calling out their Republican counterparts as do-nothing obstructionists. This is how the process will play out, and the outcome will depend on the politics. Do Republicans stick with their base and refuse a vote? Or do they cave under criticism and allow Garland to proceed through the process?
The odds strongly favor continuing Republican solidarity. The seat is the tipping point to a Democratic majority on the court, and the GOP will put up with a lot of heat to prevent the loss of the court for a generation.
True, a President Hillary Clinton might pick someone even more liberal, but better to risk a fight later than lose one now. When it comes to the Supreme Court, political calculation is nothing new. There were no good old days.
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