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WTH is going on with SCOTUS? Ginsburg’s successor and the history of Supreme Court vacancies in an election year
24th September 2020 • What the Hell Is Going On • AEI Podcasts
00:00:00 00:39:19

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Supreme Court Justice Ruth Bader Ginsburg’s court vacancy has already caused quite a stir in Washington, with Republicans arguing that President Trump should immediately fill the vacancy and Democrats countering (with arguments lifted from 2016) that the choice should fall to the next president given the closeness of the election. With just over a month until the polls, what will happen?


Dan McLaughlin joined Dany and Marc to explain precedent, law and the politics of Supreme Court confirmations. The three also talk about the likelihood a Democratic congress will pack the Court, whether the vacancy benefits Ds or Rs, and hypocrisy on the left and the right.


Dan McLaughlin is a senior writer at National Review Online. He was formerly an attorney practicing securities and commercial litigation in New York City, a contributing editor of RedState, columnist at the Federalist and the New Ledger, and a baseball blogger at

Download the transcript here.