The Corner

Law & the Courts

A Lame-Duck Confirmation Vote May Be a Chimera

It is entirely possible that a confirmation vote prior to the election doesn’t happen, either because the timing is simply too tight or vulnerable Republicans don’t want to be put in an awkward spot (Tillis, Gardner, et al.). But the odds of confirming a justice would drastically decrease in a lame duck if Republicans lose the Senate and the presidency, and at this juncture you’d say the Democrats winning is more likely than not. In that circumstance, the pressure from the media and the Democrats would be crushing, and it’s easy to see Republicans buckling. So it may be that a confirmation needs to happen before the election, or it’s not happening at all.

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