If Democrats Win the Senate

Jonathan Bernstein: “It’s been a while since the out-party had a Senate majority. It was once common, happening in 1969-1976; 1987-1992; 1995-2000; and briefly in late 2001-2002. Since then, it happened in the final two years of the presidencies of George W. Bush and Barack Obama – just four of the last 24 years.”

“Those Obama years are most famous for Republican Majority Leader Mitch McConnell’s refusal to consider a Supreme Court nomination…”

“The difference, if the Democrats win a majority this time, is that Chuck Schumer and the party won’t have to actively blockade nominations the way McConnell did to get a similar result. Most Democrats – yes, including John Fetterman – are currently voting against Trump’s typical selections for most positions. Certainly that would be the case for any Supreme Court nominee Trump might plausibly select, and it’s almost certainly true for Circuit Court picks as well.”