In the aftermath of Ruth Bader Ginsberg’s death, we at DogFacePonia have analyzed the timing of nominations and confirmations of Supremes. It is clear that careful consideration of these established rules may make it imposible to replace Supremes ever. Here are our findings:
- When a President is to be elected in 9 months, no nomination or confirmation should be made.
- When a Senate election is coming in 9 months, no nomination. Clearly, all senators must advise and consent to a Justice nomination. Also Judiciary committee assignments or chairmanship could change.
- When the House of Representatives begins a formal impeachment inquiry against the President, he should not be able to nominate a Justice to fill the vacancy.
- When the Senate is hearing an impeachment case, they cannot entertain any other action until the trial is complete. This process can occupy as much as 8 months.
- In 37 states, vacancies in Congress are temporarily filled by gubernatorial appointment. A special election is then held coinciding with the next regularly scheduled election. This could result in a period of close to 6 years for an elected replacement of an appointee for a Senator to take place. In the remaining 13 states, a special election is required within a certain time frame. If a Senator or Congressman has to be replaced you must wait for a replacement elected by the people.
- When Nancy needs a haircut or botox and there is a lockdown, nomination must wait for her to return, in deference to her office, so she can initiate impeachment immediately and stop the nomination from proceeding.
- Obviously, when the Senate or the House or Nancy Pelosi is on vacation no action will be taken so don’t waste your time Mr. President. Care must be taken not to allow a recess appointment to take place however.
- Congress will play the song Another one bites the dust by Queen when a justice dies or retires.
Supreme Court Justices who wish to have control in determining their successor should carefully plan their death, disability, or retirement. With careful planning, it is clear that utilizing these tools can result in the inability of Congress to replace a Supreme ever. What could go wrong?
In other news Republicans are researching a way to keep Clarence Thomas alive forever. It somehow involves swords and a Scottish prophecy. There can be only 1.