The rules for the voters of the Supreme Court game,, have been pretty clear for 150 years: *9 seats, life tenure *Win presidential elections, you get to make nominations *Win Senate elections, you get to confirm or stop them *Divided government, you fight, maybe you compromise
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If Thomas or Breyer, two random names, died on Thanksgiving, would the lame duck President and Senate confirm a successor? How about on Christmas Eve? If the Senate were split 50-50, would they confirm a Justice if the opening occurred on January 8? How about January 18?
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If you’re going back to Tyler, then this proves the opposite case. Because the Court started with 6 Justices.
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If you concede - as the record clearly shows - that you were wrong to claim that not taking up a nominee "had never happened," then yes, we can also discuss the history of the Court's size.
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