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In reply to the discussion: Reminder: HRC lost the Electoral College by less than 100K votes spread over 3 states. [View all]Beautiful Disaster
(667 posts)So, your point is moot.
Had Hillary been unable to replace Scalia, the Supreme Court likely sits at eight justices. Kennedy doesn't retire and he was consistently the swing vote on abortion issues. At 4-4, the only way to overturn Roe would be if they could somehow convince Kennedy to go against previous rulings and side with the conservatives. And that's assuming Roberts votes with Alito and Thomas.
Then, in 2020, RBG still dies, Hillary wins reelection and the Democrats take the Senate, even if barely. Then they can replace Scalia and RBG. Kennedy still doesn't retire but now the court has four liberal justices: Breyer, Kagan, Sotomayor and whomever Hillary replaces RBG with in early 2021. The conservatives then have three: Thomas, Alito and Roberts. Kennedy is the swing vote.
Absolutely Hillary not winning in 2016 ruined the Supreme Court for a generation.