The Democrats’ options include ending the Senate filibuster rule — which requires a 60-vote supermajority to end debate and move to a vote instead of a simple majority — expanding the number of Supreme Court justices, granting statehood to the District of Columbia and Puerto Rico, and even undertaking a second impeachment effort against the President if he tries to fill the seat vacated by Justice Ruth Bader Ginsburg.
Expanding the high court: “If he holds a vote in 2020, we pack the court in 2021,” Rep. Joe Kennedy tweeted Saturday. “It’s that simple.”
House Judiciary Committee Chairman Jerrold Nadler (D-NY) tweeted Saturday: “If Sen. McConnell and @SenateGOP were to force through a nominee during the lame duck session — before a new Senate and President can take office — then the incoming Senate should immediately move to expand the Supreme Court.”
The idea was also backed by former Obama Attorney General Eric Holder.
In a July interview with NPR, Justice Ginsburg said she opposed expanding the Supreme Court as it “would make the court look partisan.”
Abolishing the filibuster: Democratic Sen. Ed Markey (MA) tweeted the same day: “Mitch McConnell set the precedent. No Supreme Court vacancies filled in an election year. If he violates it, when Democrats control the Senate in the next Congress, we must abolish the filibuster and expand the Supreme Court.
Former President Barack Obama characterized the filibuster rule during his speech at Rep. Joh Lewis’ funeral in July as “another Jim Crow relic.”
Impeachment: In a recent interview on ABC News’ “This Week” with George Stephanopoulos, House Speaker Nancy Pelosi (D-CA) did not rule out impeachment as an option to stop Trump from filling Ginsburg’s seat.
“We have our options. We have arrows in our quiver that I’m not about to discuss right now, but the fact is we have a big challenge in our country,” Pelosi said. “This president has threatened to not even accept the results of the election.”
“Our main goal would be to protect the integrity of the election as we protect the people from the coronavirus,” she added. Pressed specifically on the impeachment option, Pelosi said Democrats are ready to “use every arrow in our quiver.”
Should Senate Majority Leader Mitch McConnell “and Senate Republicans move forward with this, then nothing is off the table for next year,” said Democratic Senate Minority Leader Chuck Schumer.
Granting statehood: “Trying to turn the federal district into a state would be a constitutional thicket, but Democrats are talking anew about pushing statehood for D.C. and Puerto Rico.”
On Friday, Former Secretary of State Hillary Clinton urged Democrats to use “every single possible maneuver” and “procedural obstacle” to block McConnell (R-KY) from voting on Trump’s SCOTUS nominee.
Meanwhile, some detractors have threatened and vowed actual violence should Republicans move forward with the nominee vote.