In what can only be fairly seen as ignoring Senate rules, the Judiciary Committee voted without a quorum (and without a single Democratic vote, or presence) to bring her nomination to the floor last week.
Then, eight days before a presidential election, the Senate (highly likely to no longer be in Republican hands in nine days) voted to confirm her — without a single Democratic vote.
The president then held a ceremony after 9 PM EDT on a Monday night. Today, just seven days from Election Day, the Chief will swear her in.
It is not unreasonable to expect that federal litigation about the invalidity of her appointment will begin in January 2021. There never was a quorum to advance her nomination to the floor.
It is also reasonable to expect that (since there are no fixed laws about the make-up or size of the Court) once the Senate and the White House are in Democratic hands, the Court may properly be expanded to 13 seats, if for no other reason than to undo the effect of the Republican rule-breakings described above. The 13 could be reversed, if a final non-appealable order is entered, in the above-contemplated federal litigation — ruling her a nullity, and her seat invalidly taken — and all decisions that break 5-4 with her vote in the majority, from now to then… overturned.
And then Mr. Biden could appoint that ninth seat.
Or, if the Republicans would prefer, Mr. Biden may simply appoint four new Justices — to reach a 7-6 split. Decisions… bring… consequences. And it will be time to set the record straight — in nine days. Out.
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Powerline Lies... 