Could ‘Constitutional Crisis’ Be Ahead in Court Nomination Standoff?

CapitolflagSUPREME COURT NOMINATIONS: Sen. John McCain, R-Ariz., delivered what “is almost certainly an honest account of what Republicans plan to do — that is, create a constitutional crisis should Hillary Clinton win the presidency and the GOP retain control of the Senate,” by blockading any Clinton nominee to the Supreme Court, Scott Lemieux wrote for The Week.

McCain’s remarks on Monday (see Gavel Grab) were walked back by his Senate office, but some commentators including Lemieux have insisted he actually revealed a true plan. At Slate, Mark Joseph Stern mentioned McCain in condemning the Senate GOP blockade to date of the nomination of Chief Judge Merrick Garland for the high court; “It is difficult to overstate the violence that this blockade has done to truly fundamental norms of American democracy,” Stern wrote. Might the Senate consider his nomination in its lame-duck session? “Flake says it might be Garland time,” Politico reported, and The Sacramento Bee editorialized, “A moment of clarity in 2016 campaign: Confirm Garland.”

SUPREME STAKES ON ELECTION DAY: “The Nov. 8 election will determine our rights for decades to come,” Dean Erwin Chemerinsky of the U.C. Irvine School of Law opined in a Los Angeles Times op-ed. “Although Hillary Clinton and Donald Trump discussed the Supreme Court at the debate Wednesday, they didn’t convey how crucial filling its vacancies will be for our constitutional rights.”

At CNN, meanwhile, Ariane de Vogue followed up remarks at the debate with her examination of “The Supreme Court’s Election Day ‘Doomsday scenario.'”

JUDGE EXTENDS VOTER REGISTRATION: Ruling in an action brought by a civil rights groups and others, U.S. District Judge Claude M. Hilton ordered extension of voter registration in Virginia until midnight tonight, according to The Washington Post. The extension was sought “after the state elections website crashed on Monday, the last day for Virginians to get on the rolls,” the Post said.