Not PP but the above analysis seems logical. So, the answer to both questions would be yes. Elections have consequences. |
But the Constitution outlines the duties of the Supreme Court. They can't be fulfilled if the court is empty. |
Well we asked the wrong question. If we just stopped filling court seats forever because of politics, will we be able to keep the Constitution? |
Problem is, if that's our standard, it doesn't require any office holder to even come to work. The President could sit in Maralago for four years and that's okay if Mitch McConnell doesn't mind. |
I'm no fan of Mitch but that would take a long time. In any case, we have a huge Federal judiciary. The country would still function without the Supreme Court. |
The country would still function without a President as well. But according to the Constitution, we must have one. |
| Obama was not the first President to have another party control the Senate and yet no Senate previously refused to consider the President’s nominee. It wasn’t the consequence of the election. It was the consequence of McConnell’s bad faith rejection of parliamentary order and his contempt for the institutions of the Senate and the Presidency. |
Was not uncommon that a seat sat empty for an extended period of time. |
I think the longest was 841 days. |
Actually if the DNC hadn't rigged the nomination to help Clinton, Bernie would have had a lot more competition for the nomination and he'd be a nobody right now. He should be grateful to Clinton. |
Well in the hypothetical situation that Senate after Senate refuses to confirm judges to the point that SCOTUS disappears, the only remedy is via new Senators if the voters make it happen. Letting money into politics has shown that the Constitution does not cover everything, and a party that will follow a dictator off a cliff creates problems. |
https://www.pewresearch.org/wp-content/uploads/2016/02/FT_16.02.23_supremeVacancies.png?w=640 |
So, I guess we would have a lot of circuit court splits in your hypothetical. Or maybe you could eventually vote McConnell and his party out before you run out of justices. |
But, in your view, it would be Constitutional for the Senate to allow the court to run out of justices? If McConnell's actions are Constitutional, then having an empty Supreme Court would also be Constitutional. |
What if there was a terrorist attack on the Supreme Court when a Democrat was President and the Republicans controlled the Senate. Then no more Supreme Court? |