Unfortunately, Republicans hold all the cards with this nomination. Democrats have no real means to stop it.
But.
One option they do have, if Democrats win both the White House and control of the Senate in November, is to enlarge the Supreme Court from nine to eleven or even more seats.
Republicans call this "court packing." Some Democrats have taken to use that phrase, too, but as writer/publisher Josh Marshall wrote yesterday at Talking Points Memo (link here), those on the left need to stop using that expression. His piece is titled "It’s Not ‘Court Packing.’ Don’t Be A Moron and Call It That."
He makes the very solid argument that Republicans have been the ones engaging in court packing for the last four decades at all three levels of the federal judiciary. They are attempting to force America to live under a de facto theocracy, where their extremely conservative minority viewpoint is what controls the much larger majority.
Some 70 percent of Americans support a woman's right to choose and some 80 percent support same-sex marriage. So why should the federal court system be dominated by far-right conservatives determined to reverse bedrock precedents like these?
Changing the size of the Supreme Court and the lower federal courts would undo the damage caused by extreme Republican court-packing partisanship and level the playing field.
The Supreme Court size has been changed nine times in the past. There's no reason it can't be done again. The same holds true for the lower federal courts.
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