It’s an option that has picked up increased interest in the wake of Ginsburg’s death — and one that Democratic leaders are not ruling out.
“We basically have kept options open,” Senate Minority Whip Dick Durbin told CNN’s Newsroom anchor Ana Cabrera Saturday night.
The topic of how Democrats should respond was a dominant theme in a conference call the Senate Democratic Caucus held Saturday afternoon, according to Democratic sources, where many Democratic senators spoke about the events and where Minority Leader Chuck Schumer warned that “nothing is off the table” if a Trump nominee is confirmed this election year.
Schumer on Friday said that a Supreme Court vacancy “should not be filled until we have a new president.”
But several things would have to happen in order for Democrats to be successful in their approach to expanding the Supreme Court.
First, Senate Democrats would have to win the majority in November — and the fight for control of the chamber is currently at a razor’s edge. If they win the majority, it almost certainly will be an extremely narrow advantage — potentially one or two seats, or even a 50-50 Senate. And if former Vice President Joe Biden wins the presidency, they then would have to take a series of steps to make expanding the high court a reality.
But several Democratic senators have already voiced strong opposition over killing the filibuster based on fears that would have long-standing ramifications for the institution and the country.
Ultimately, adding seats to the Supreme Court would take passing legislation once the filibuster is changed — something that would be a hugely controversial move even within the Senate Democratic Caucus.