The only way McConnell/tRump don't get to select the next justice to the SCOTUS,

[in2herbs]

7. Trump's authority to replace Kennedy on the USSC may not be as clear a path as Republicans hope.

While we’re all waiting on the Mueller investigation findings, on TRMS last night Rachel’s guests Anthony Romero, ACLU and Maura Healey, AG for MA, discussed the many federal court decisions against Trump and his administration that are currently in the pipeline. One decision I did not hear them mention was the decision specifically involving Trump’s compliance (or not) with the emoluments clause, a decision which is expected in mid-July from Judge Sullivan, USDC for DC. Will Trump and future presidents be allowed to profit off their presidency? The future of our democracy depends on how the judge rules. If found to be in violation of the emoluments clause what will be the status of his authority as pResident until his compliance with the emolument’s clause --- including his authority to nominate federal and USSC judges?

If he’s found not to be in violation of the emoluments clause, is it time for Democrats to start thinking like Republicans? In accordance with the Constitution Democrats say that the USSC shall be comprised of one Chief Justice and eight associate justices. Republicans, on the other hand, say that they can increase the number of USSC associate justices without violating the Constitution since an increase in the number of justices does not violate the Constitution’s nine judge requirement as there’ll still be (at least) nine justices on the court.