Quite a few words have been written and spoken regarding the contrast in urgency Republicans are showing in the nomination process between Merrick Garland and Brett Kavanaugh. Judge Kavanaugh’s well-documented position on the Executive, particularly in light of potential criminal indictments, certainly explains the president*’s desire to get him confirmed, but even if the GOP loses the Senate, they have until January to confirm a conservative justice. Why are they in such a hurry?
In this diary, the author suggests that a split court might cause some cases to be delayed. It’s clear that Senate Republicans and other members of the GOP are supporting Kavanaugh, in spite of disqualifying disclosures and perjury, because they want to get him seated for the fall SCOTUS session. Here’s the fall 2018 docket, which cases are the one(s) that the GOP (and their owners) can’t abide a split decision on?
Which ones would Anthony Kennedy have been under pressure to recuse from? Or would have had to reject his own precedent in order to find for conservatives? Especially given the issues swirling around his son.
Anybody seen the film, “The Pelican Brief”?