There is no dilemma.RIP. One of the greats.
So..... Trump rushes an appointment through the Senate to please his base and creates a huge Dem moderate voter backlash. A forced-through anti-abortion USSC appointment just before an election will force out millions of moderate voters into the Dem camp.
Or Trump sits on the appointment and pisses off his base.
In immediate political terms a tactical dilemma for the GOP. If an additional anti abortion justice is immediately appointed to the USSC, a long-term political and constitutional disaster for a country which is becoming more liberal on social issues and which will increasingly feel held to ransom by its conservative, religious minority.
They all make noises like they are being wise and taking their time.
They campaign the fuck on the idea the court hangs in the balance.
Then they put Rao through the day after the election. It doesn't matter who wins.
Putting someone on before the election doesn't get you much, but after it is important, especially if you lose.
McConnel could do it tomorrow if Trump named someone.This is where I don't know enough of US politics, is there enough time for him to actually ram through a judge with the limited senate time left?
Or can he do it between the election and Biden being sworn in?
Strategically, he will do it in between the election and the next inauguration (especially if Biden wins).
It doesn't immediately go to SCOTUS though. If SCOTUS ties 4-4 the lower court holds and Trump already packed the lower courts with Federalist society people.Trump is already planning to challenge the election results in court if he loses...If the GOP can stack the court with conservative justices before the election there is an excellent chance the SCOTUS will appoint him to a 2nd term.
If the case looks like it will drag out, they just appoint someone after the election and make them the 5th winning vote. It isn't like anyone they would nominate would recuse themselves due to conflict of interest.
As someone linked above, the "usual" process would put the actual nominee on the court in the lame duck. They will hype it now but probably won't announce a name for a while since they have no rush to name one before election day.