5 thoughts on “How The Republicans Can Block Breyer’s Replacement”

  1. Would Republicans dare set off a withering tirade of accusations of racism and misogyny the Democrats would bring to the media? Oh wait….

  2. Interesting…should be instructive to see if the republicans have the stones to use it. On a related subject I have an alternative proposal to the various versions of the “for the people act” stalled for now (hopefully for good) in Congress. Rather than in effect seeding the authority to make election law permanently with Congress why not create a different mechanism by federal law? Pass a federal law that compels states that have no provisions for amending said states’ constitution by ballot initiative (unlike my state of Ohio) to have the ability under federal law. Say in some state like Mississippi the voters of the state could pass a ballot initiative under my proposed federal law. The voters of the state could vote in if they chose an amendment to the states constitution to allow mass mail in ballots, automatic voter registration with or without request if they wanted to. Or vote in “independent boards” to do the post census redistricting in their respective state if the wish (like Ohio did). Or even to compel their states presidential electors to vote according to the national vote (I am personally opposed to that) again if they wanted to. That would preserve the mandate of state law governing how elections are run in that state while addressing the democrats arguments of “voter suppression”. The currently democratic congress would never go for that of course since their true aim is a permanent power grab; but maybe the Republicans after November just might if they end up in power.

  3. Charlie Cooke at NR suggests that we might be better off acting like adults (not his words) because, as he puts it, “If, as seems likely, Biden chooses a bomb-throwing hack in the mold of Justice Sotomayor, he will end up further marginalizing the real talent within the ‘living constitution’ wing, Elena Kagan, and creating more distance between her and her originalist (and originalist-adjacent) colleagues.” Breyer is sharp enough that his arguments can sway the centrists like Roberts and Kavanaugh, but his replacement likely will not be.

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