If we turn the WH and the Senate, any SCOTUS confirmation in the Interregnum

[WheelWalker]

would be consummated by lame duck Senators in a lame duck Administration. McConnell's argument that a Presidential/Senate party identity renders the Garland/Gorsuch rule inapposite thereupon fails should he attempt a lame duck confirmation.

[TwilightZone]

1. The goal is clearly to have it done by election day

I've seen countless posts that assume that McConnell, for reasons no one seems to explain, is going to wait until after the election to push the nominee through. There is zero evidence of this and it is directly countered by his and Trump's statements. Perhaps it's just wishful thinking.

[WheelWalker]

5. That's my point. If they are going to try, they have to try before the election...

after the election, the argument that they have both the administration and the Senate by the will of the voter fails, and application of the Garland/Gorsuch Rule (as now modified by McConnell) fails. Attempting/succeeding in moving any confirmation before the election, of course, carries it's own possible consequences FOR the election. Notorious has really placed their panties in a twist, IMO. I can think of no single event more certain to GOTV and simultaneously cause at-risk (R) Senators to ring their hands, than the death of RBG.

[Statistical]

2. Why do it before election day?

The candidates need to get home and campaign. The senators most vulnerable are in states where Trump is either losing or less than popular. This moves increases the chance that those seats flip. Doing it after the election has zero cost/risk.

[soothsayer]

3. I guess the fear is stack the court, contest the election, and push it up to scotus

Though pence would break a tie so you’re right, no need really

[Statistical]

6. That is a good point I hadn't considered. If they intend to use SCOTUS to give Trump a second term

after he loses in Nov then doing it before the election would be useful.

I still think Mitch will wait but I am less sure than before.

God I hate all of them.

[WheelWalker]

8. Yes, the pressure to move before the election is their intent to contest the election to the SCOTUS

knowing Trump will lose the vote, and not wanting the chance of a 4-4 tie dooming their election contest before the Court.

[tritsofme]

4. That's why we need to win a big Senate majority in November.

It substantially increases Democratic leverage in the lame duck.

If Republicans keep the Senate, even if Biden wins, confirming Trump’s nominee in the lame duck is a no-lose proposition for them.

[Vinca]

7. If that happens Mitch will just come up with another reason.

Our only hope is GOP Senators which makes the going pretty hard.

[WheelWalker]

9. I think we can get 4 or more on board, but not out of the gate.

They will want something in return for their vote against their party leadership. That's politics.