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William Otis's avatar

I would only add that, if the Rs get to 51, McConnell becomes Majority Leader and controls the floor. He will also have considerable influence with committee chairmen. If McConnell simply does not bring a judicial nominee to the floor, or works with the chairman so there is no hearing before getting to the floor even becomes a question, the nominee doesn't get the job, cf. Merrick Garland.

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Paul Mirengoff's avatar

Thanks for adding this important point, Bill.

I think it would be unwise politically for McConnell to go full Merrick Garland -- no hearings -- for two years on a large number of Biden selections for lower court jobs. Therefore, I doubt McConnell would do it.

However, it's likely that he would (1) slow down the confirmation process considerably and (2) go full Garland on the most objectionable nominees. So this much likely would be accomplished with just a bare Republican majority.

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William Otis's avatar

For sure, McConnell shouldn't and won't stop all the judicial nominees. That would be a bad idea on the merits and bad PR to boot. But I think it would be within bounds for him to announce publicly that, while well-credentialed, mainstream liberals will be received with an open mind, radicals and ideologues, or those chosen solely to fill race or gender quotas, will not.

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