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If the GOP loses the Senate majority in this upcoming election, will they still have enough power to block Supreme Court Justice nominee?

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    With or with out filibuster? Have you read Article 2, Section 2, Clause 2, of the US Constitution? – Drunk Cynic Nov 1 '16 at 21:27
  • Welcome to Politics.SE @KAtG your answer is not specific and need improvement before we can answer it. Take the tour of Politics.SE first and then proceed to re-write the question. – nelruk Nov 1 '16 at 22:03
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    Also depends on how many seats in your hypothetical argument are lost – K Dog Nov 1 '16 at 22:25
  • I removed the sub-question "How is their refusal to advise and consent legal?" because it is already answered on "Can congress be sued for prolonging the nomination of a Supreme Court Justice?" so – Philipp Nov 3 '16 at 12:52
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If the GOP lose the Senate this election, will they still have enough power to block Supreme Court Justice nominations?

No. With a Senate majority, the Democrats can change the rules to allow a simple majority to carry a cloture vote and end a filibuster. And they have said that if Republicans filibuster a candidate for what they consider to be insufficient justification, that they will.

How is their refusal to "advise and consent" legal?

If they could not refuse their consent, what is the point of requiring their advice and consent? They have no requirement to give consent. The President is required to get it.

  • And there's no requirement that the advice and consent be based on the qualities of the nominee. If the Senate wants to hold up a confirmation because they want the President to reduce the US's involvement in Syria, or because a powerful Senator wants to put a new NASA facility in her state, or other political things like that, that's perfectly allowed. – cpast Nov 2 '16 at 21:22
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    We should change "Democrats will change the rules" to "Democrats can change the rules". Saying what they will do is pure speculation. We won't know for certain until they do it. It might be good to point out that changing the rules would break with a long-standing tradition, but that Democrats have previously done so for non-Suprem-Court nominations. – Readin Nov 3 '16 at 5:15

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