A Supreme Court docket affirmation earlier than election day could be fast, however not unprecedented
President Donald Trump will appoint Judge Amy Coney Barrett to the Supreme Court on Saturday, NBC News learned. Then the struggle for their confirmation begins.
Trump has repeatedly pushed for a vote before Election Day, which is November 3rd this year. Trump has said he wants a full court in the event the election is challenged in related voting disputes.
With a view to recent history, confirmation before election day seems possible, albeit quickly. There are only 39 days before the last voters take part in the elections.
Back to the government of President Gerald Ford, in such a short space of time only two judges were successfully sustained, Judges John Paul Stevens and Sandra Day O'Connor. O & # 39; Connor, the youngest of the pair, was sustained nearly 30 years ago, and both judges were sustained unanimously. This situation is unlikely this year.
Senate Majority Leader Mitch McConnell, R-Ky., Said the Senate has plenty of time. During a Senate speech on Monday, McConnell said that Stevens' entire verification process, which lasted only 19 days, "could have been played twice between now and November 3rd if there was time".
This is true. But no justice currently on trial has been upheld this quickly. With the Supreme Court increasingly viewed as a political prize, the battles for its members have become more controversial – and longer. Justice Brett Kavanaugh, prosecuted by allegations of sexual misconduct, which he denied, took 88 days to confirm, despite Senate scrutiny of Republicans.
Still, McConnell seems to have cleared his first hurdle. Following Ginsburg's death on Friday at the age of 87, it was reported that the liberal judiciary had issued a statement in its final days expressing its wish not to be replaced until after the election. In the days that followed, two GOP senators, Susan Collins from Maine and Lisa Murkowski from Alaska, voted against voting before the election.
But other moderate Republicans refused to follow them. After Utah Senator Mitt Romney said he supported holding a vote, McConnell appeared to have the votes he needed. Republicans hold 53 of the 100 seats in the Senate.
If McConnell fails to get a vote before election day, it looks like a vote will be within reach by the end of the year. Since 1975, it has taken an average of 67 days for an Associate Justice to be confirmed after being nominated. Sixty-seven days from Saturday is December 2nd.