Home » Advice & Consent 14: Post-debate SCOTUS talk and more election speculation

Advice & Consent 14: Post-debate SCOTUS talk and more election speculation

In this episode we chat about our surprise at no SCOTUS talk in the first presidential debate and then revisit America’s favorite gameshow: Election Speculation!

Direct download: Advice & Consent 14: Post-debate SCOTUS talk and more election speculation (mp3)

Merrick Garland at 195 days

  • Today as we record the show (9/27) marks day 195 since Judge Garland’s nomination to fill Justice Scalia’s seat.
  • We’ll keep the lights on as a Supreme Court nomination podcast through however this gets resolved.
  • Today, Senate Democrats took to the Floor to demand consideration of Chief Justice Garland (and other judicial nominees)
  • Led by Senator Reid, Senators, including Booker, Klobuchar, Coons, Blumenthal spoke on Senate Floor demanding action.
  • Sen. Blumenthal introduced Resolution requesting Senate say in session until Garland has a hearing and vote.

The Debate: SCOTUS-free

The Donald’s shortlist gets even less short

Donald Trump expands list of possible Supreme Court picks – CBS News

The added names:

  • Sen. Mike Lee, R-Utah
  • Neil Gorsuch, a judge of the Tenth Circuit Court of Appeals
  • Margaret Ryan, a judge of the U.S. Court of Appeals for the Armed Forces
  • Edward Mansfield, a justice of the Iowa Supreme Court
  • Keith Blackwell, a justice of the Georgia Supreme Court
  • Charles Canady, a justice of the Florida Supreme Court–former congressman.  coined the term “partial birth abortion.”  Clinton impeachment manager.
  • Timothy Tymkovich, chief judge of the Tenth Circuit Court of Appeals–Decided Hobby Lobby. Strongly attacked Romer v. Evans.  Received 41 no votes as circuit court judge.
  • Amul Thapar, a judge of the U.S. District Court for the Eastern District of Kentucky (first federal judge of South Asian descent – appointed by Pres. George W. Bush in 2007)
  • Frederico Moreno, a judge of the U.S. District Court for the Southern District of Florida
  • Robert Young, chief justice of the Michigan Supreme Court (African American)

Still, nobody tweets like fellow (old) list member TX Supreme Court Justice Don Willett.

Profile in Courage 2016 Award Nominee Sen. Ted Cruz endorses The Donald… because of Sen. Mike Lee?

America’s favorite game show RETURNS: Election Speculation!


  • Trump wins in November and will be the next POTUS.
  • Dems win enough seats to tie the Senate:
  • 50-50 Senate with Dems in control (VP Biden breaks tie) from 1/3/17-1/20/17 at noon
  • GOP takes over Senate as of 1/20/17 at noon (VP Pence breaks tie).


  • Tim: Dems trigger nuclear option to confirm Judge Garland’s nomination. Republicans scream this is a coup. Prior to the beginning of the spring term, President Trump orders Capitol Police to prevent Justice Garland from entering 1 First St NE. Constitutional crisis commences. Tim hears all about it on the CBC coverage while in line for poutine in Montreal following the Habs-Leafs game.
  • Lena: Trump wins: Everyone screams, and the Democrats dig in. Try to reason with the Republican Senators who are also scared of a Trump presidency (silver lining: more cooperation between Senators?). Meanwhile, I’m figuring out how to “work from home” meaning that I’ll be working from another country, perhaps one of the ones with paid sick leave, equal pay or better child care policies.
  • Adam: I’ll be at the Supreme Court’s Pacific courthouse in New Zealand with Justice Ginsburg.