Suppose they held a Miss America contest, and the plan was, just after crowning the winner, they were either going to push her off the stage or mug her as she was leaving the pageant. That’s exactly what’s going to happen to Obama’s nomination.
Well, I stated on Feb 18 that I thought Judge Jacqueline Nguyen was likely going to be Obama’s choice, but I thought it could go to Sri Srinivasan. Based on recent leaks, I now think Obama will nominate Sri Srinivasan. I rule out Merrick Garland because he is 63 years old, and Paul Watford, because of prior Republican opposition in the Court of Appeals for the Ninth Circuit. He was confirmed 61 to 34.
I also believe no hearing will take place. If a hearing does take place, Republicans will attempt to show the nominee is unqualified. Ted Cruz would like the chance to tell the country that Obama has nominated the worst possible Supreme Court candidate ever.
The Republicans will not allow the nomination to go forward. So, pushed off the stage, or mugged on the way out- the Supreme Court will have 8 justices for at least a year, maybe longer.
It’s a terrible precedent. It is not politics as usual- as it has never been done before.