If the Democrats take the Senate then it will be judicial Armageddon even if Trump wins the Presidency.
Under the 20th Amendment, the new Congress takes office on January 3 but the new President does not take office until January 20. That means that if Trump is elected President and the Democrats retake the Senate, then Senate Majority Leader Chuckie Schumer will have almost three weeks to push through ratification of all of Obama’s nominees from the Supreme Court down to the district courts and all of the federal agencies and there will not be a damned thing that Trump or the Republican minority will be able to do to stop it.
When Harry Reid unilaterally abolished the Senate filibuster for all Presidential appointments except for the Supreme Court the ONLY reason that he left Supreme Court filibusters alone is because there were no Supreme Court vacancies at the time. Chuckie Schumer will unilaterally abolish the Supreme Court filibuster 5 minutes after he takes office.
It gets worse. Scalia’s Supreme Court seat is not the only Supreme Court seat at issue. The day after the election, far-left octogenarian Justices Ginsburg and Breyer will announce their retirements if it means that Obama can fill those seats as well. They probably already have the young far-left wing radical replacements picked out. That will mean a far-left wing Supreme Court majority of Obama appointees will be legislating every aspect of our lives for the next 30 years.
Be afraid. Be very afraid.
That would definitely be a quick TAT - less than 3 weeks - for ratification.
Scalia’s seat, yes.
Scary, regardless.