Justice Ginsburg: If I Resign, Obama Could Not Appoint ‘Anyone I Would Like To See In The Court’

[Jim Lane]

46. We might see a stiffening of the Democratic spine.

If the Democrats retain their Senate majority and a Supreme Court vacancy occurs, it's quite possible that the Dems would eliminate the filibuster for Supreme Court seats. I'm not resigned to the prospect you cite, that the Republicans even in the minority would be able to kill an Obama nomination.

You go on to say, "A majority democratic senate would support any right of center candidate a republican president nominated." There I'm afraid you're probably right -- but I'm not giving up entirely. A key is that the calendar in 2016 (which Senate seats are up) greatly favors the Democrats. Consider this scenario: Republicans take the Senate in 2014 and relentlessly obstruct, including blocking Supreme Court nominations. In 2016, a Republican wins the White House but the Democrats take back the Senate. Would the Democrats just roll over and play dead? I see at least some possibility that they'd say, "Okay, President Huckabee, we're going to confirm your judicial nominations at the same pace as the Republican majority confirmed President Obama's." That might include using their majority to reject extreme RWNJ nominees.