What can Democrats do to stop Trump’s Supreme Court nominee — Brett Kavanaugh — from being sworn in? Apparently, not much.
Since there are currently 49 Democrats and Independents in the Senate, and 51 Republicans, one side already has a clear voting advantage. The only way for Kavanaugh’s nomination to be blocked is if several Republican senators vote no.
This is highly unlikely, but not impossible, because of Maine Senator Susan Collins and Alaska Senator Lisa Murkowski, who are not in favor of a justice who would work to overturn Roe v. Wade. But even if either voted no, making the vote a tie, the deciding vote would then be given to the president. So, in order to stop the nomination, it would take every Democrat and Independent, as well as at least two Republicans voting no.
It’s rare for a Supreme Court nominee to get voted down — in fact, it hasn’t happened since 1987. It’s also historically unprecedented to refuse to hold a vote for a justice, and only occurred during Merrick Garland’s nomination because the Republicans controlled the Senate.
In short, the Supreme Court vacancy will be filled by a Trump appointee and Trump has been able to appoint two Supreme Court justices because voters handed Republicans the Senate in 2014. But control of the Senate Is up for grabs again this year, and, maybe soon, Democrats will be in charge of some monumental policy decisions again.