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Can the House delay a Supreme Court justice appointment until after the general elections?

  • Just for the sake of clarity, I guess the real question is: What are the odds of Trump succeeding in appointing the successor of Ruth Bader Ginsburg, right? – QuestionOverflow Sep 19 at 0:37
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    You have this tagged senate and senate-rules but it sounds like you're asking about whether the House can block a Supreme Court appointment? – divibisan Sep 19 at 0:54
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    No, the key date is January 4 (ish) when the newly llected Democratic senate is installed... – DJohnM Sep 19 at 5:40
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    I forgot that the House can't do anything about this. – fdkgfosfskjdlsjdlkfsf Sep 19 at 15:44
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The House of Representatives plays no part in the process.

The Senate can refrain from confirming the nominee, as we all know well from four years ago. However, when the Senate is controlled by the president's party, as it is now, that outcome is rather unlikely.

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  • Agreed on both points, however comparing the current situation to four years ago could benefit from an update about the change in Senate rules: It now only requires 50 Senators to end a filibuster, rather than 60 four years back. – Burt_Harris Sep 19 at 1:39
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    @BobE the Senate did not confirm the nominee. The nomination didn't make it to the floor, but the responsibility for not bringing the nomination to the floor lies with the Senate collectively because it controls the rules that govern the committee system. The committee's power to sit on the nomination was delegated to it by the Senate. That Republican senators refused to meet the nominee is just another manifestation of the Senate's refraining from confirming him. But I chose "refrain" because it doesn't matter how they don't confirm, only that they don't. – phoog Sep 19 at 4:25
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    @BobE anyway my dictionaries defines refrain as "To stop oneself from some action or interference" and "to keep oneself from doing something," which describes the Senate's behavior perfectly well. They did not constrain Garland; they curtailed their own action. – phoog Sep 19 at 4:32
  • @BobE there is no speaker in the senate. The person who blocked the nomination was the chair of the Judiciary Committee. The other verb I could use would be failed: the committee failed to consider the nomination or to refer it to the senate. But failed leaves open the possibility that the action was not taken because of some external force, or that it was attempted without success. On the other hand, refrain makes it clear that the action was not taken because of a conscious choice not to take it. – phoog Sep 19 at 14:16
  • Let us continue this discussion in chat. – phoog Sep 19 at 17:07

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