How Obama Could Win Supreme Court Battle — Even If Republicans Take the White House

[Miles Archer]

How Obama Could Win Supreme Court Battle — Even If Republicans Take the White House

http://www.nbcnews.com/politics/supreme-court/how-obama-could-win-supreme-court-battle-even-if-republicans-n519121

But even if the Senate refuses to confirm Obama's pick and a Republican wins the White House, there is one way Obama can still get his nominee confirmed.

It could all come down to 17 crucial days in January.

If Democrats win back the Senate and lose the White House in November, they would control both branches of government for about two weeks before Obama leaves office. That overlap in the transition of power is set in stone. The Constitution mandates the new Congress begins work on January 3, while President Obama stays in power until January 20.

So if Democrats take back the Senate, President Obama could send a Supreme Court nominee to that new Democratic majority, which would have 17 days to change the filibuster rules and ram in a vote before a new President takes power.

[CBGLuthier]

1. You need 60 votes to confirm. This is nothing but a fantasy

As much as I would like to share the dream I would need to be really high to even think this could happen.

[tanyev]

2. Intriguing.

But it seems unlikely that Dems would take the Senate if we didn't win the White House.

[Gothmog]

3. Harry Reid has laid a trap for the GOP