Confirmation Timing

[Independent Voter]

Got me another question.

There seams to be a HUGE push to confirm Kavanaugh within a certain time. WHY ?. If he is not confirmed prior to the opening session of the Supreme Court, what is the big deal ? He may in fact miss one case that is brought before the Court but that would not prevent him from sitting on the others. HELP I need input.

[FredK]

Election.

[mgrist]

Yea I would assume we don't want to take the chance of a bunch of Dems winning republican seats.
We need a third party.

[wacojoe]

I have read that if a Justice is not seated before the SOCTUS session opens, he or she can note participate in that session at all according to Court rules. I cannot confirm that from my personal knowledge though. That is the ostensible reasoning, but beyond that, Republicans want to force Democrat sitting senators up for election to declare preference with their vote, especially those representing “Red States.”

Also, because of the arcane Senate rules governing timing of votes known only to less that 6 individuals, if the vote in committee does not occur by next Thursday, it cannot happen before the election, and if the Democrats win the Senate, then no new Justice will be approved in all likelihood until Trump is replaced leaving a 4-4 tie vote on ideological breaks.

[Independent Voter]

Well, the Democrat delay may prohibit Kavanaugh from sitting THIS SESSION but, why can't he still be confirmed and take the bench next year. That would leave a 4 / 4 bench for this session only. i see no reason to wait until two months before the session to confirm anyway. Do it now and he will be ready next year. Just put him on unpaid status until he starts working.

[wacojoe]

This is a political process, not an administrative one. There is less than a certainty that the next Congress will have a functional majority Republican senate, hence the real reason for the timing, and one with which I totally agree.