Let's say the GOP loses the Senate majority and the presidency. But, the Republican leadership understands the fact that there are more than 45 days left until they lose Congress officially in the sense that some of them have got to go. Trump and the Republican congresspeople and leadership at large work together to add as many right wing judges as possible during that roughly 45 day period until the new Congress is inaugurated. Could the Senate do this easily, and would there be a lot of public backlash?

  • usually not much happens in the lame duck, much to the chagrin of partisans.
    – dandavis
    Jun 1, 2020 at 4:17
  • 1
    The objectively answerable part of this question is a duplicate of the above. The question of whether there will be a public backlash is speculation
    – divibisan
    Jun 30, 2020 at 23:58

1 Answer 1



They can only appoint judges to courts where there are existing vacancies, and new courts cannot be created without an Act of Congress.

  • I mean that there are vacancies and the Republicans want to fill them ASAP. May 31, 2020 at 22:37
  • The last vacancy was filled last week.
    – Sjoerd
    Jul 1, 2020 at 10:12

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