Here’s a hypothetical scenario that I think could help return the process of confirming SCOTUS justices back to some semblance of normal. I don’t think the premises are too outrageous, so please don’t fight those. The thread is to discuss my proposed solution should these initial scenarios come to pass.
- Kavanaugh is confirmed.
- Democrats take the senate this fall.
- For whatever reason other than impeachment and removal, either Thomas, Alito, or Kavanaugh have to leave the court after this fall’s election but before the 2020 election.
Those are the premises of the hypothetical. I realize that the 2nd and 3rd are somewhat unlikely, but they aren’t totally unrealistic. Here’s my solution for this scenario. The Democrats pledge that they will vote on whoever Trump nominates, assuming they have the appropriate qualifications, and not consider the politics of the nominee. The Democrats would agree to do the same for any future vacancies as well. In exchange Gorsuch will resign and Trump would nominate Garland to his seat. If the above three happened, would this response have at least some chance of happening, or is it just a pipe dream to help restore some civility to the process of naming a new SCOTUS justice?