If Justice Ginsberg steps down or dies next year, there would likely be a repeat of the Merrick Garland battle in Congress. Timing matters, but any change in her status on the court after June 2019 would be widely interpreted as close enough to Nov. 2020 to demand a delay in confirming her replacement.
It would also be difficult for Republicans to argue in favor of replacement so close to a Presidential election after making the opposite case in 2016.
If the Dime hold the Senate then they can follow the precedent. I don’t see an issue with that. If the Pubbies have it then they can follow precedent and confirm a nominee.
The precedent is simple. Whoever has the majority gets to decide whether or not to confirm.
Great points.
The timing is in God’s hands.