Will Trump name his candidate for the Supreme Court, but slow the appointment process so that it will depend on whether he wins the election, or will he appoint her before the election to secure an ever more conservative majority in the Court irrespective of the outcome of the election? One suspects that the Republican Party and especially the Republican majority in the Senate would favour securing the appointment before the election. However, given that Trump is infifferent to everything other than winning in November and has proved willing to take any measure to achieve it, we might assume that he will seek to bolster his support by making the new appointment contingent on his winning the White House for a second term.
A Nice Calculation
Published by Peter G Harris
Peter G Harris is a barrister and was a senior civil servant responsible for advising ministers in the UK on policy and legislation for reforming the civil law and civil justice system. He is now based at Exeter College in the University of Oxford where he teaches and continues to think about the law as an instrument of public policy. View all posts by Peter G Harris
It's the Law, Stupid: Justice: Fairness and Efficiency in Public Policy 
Peter,
I agree that Trump will do whatever works to his personal benefit. There isn’t anyone he wouldn’t throw under the bus if he needed to do so for his own gain. There is, of course, the option for Trump to make confirmation contingent upon winning the election but then after having lost the election (and/or maybe even control of the Senate) he and the Senate could proceed with confirmation during the lame duck session of Congress. This is why I had said that RBG had to live until early January……
In deep mourning,
Lisa
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You are right. He might in that way have his cake and eat it and that is just the kind of meal he likes best
P
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Yup. A real possibility but presumably he would not want to risk a confirmation before the election or promise one during the interregnum if he loses as that would reduce the only incentive that many moderate Republicans have for voting for him.
Peter
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I hadn’t thought of that. Good question. Typo alert “infifferent”
K xxxx
Sent from my iPad
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