Noah Feldman, Columnist

Democrats Couldn’t Stop a Third Trump Supreme Court Nominee

Liberals don’t have a lot of options other than praying for the health of Ruth Bader Ginsburg.

Liberal icon Ruth Bader Ginsburg.

Photographer: Mandel Ngan/AFP/Getty Images

The news that Justice Ruth Bader Ginsburg is being treated for a recurrence of cancer is striking terror in the hearts of liberals. As long as she is physically able, the resolute, gutsy Ginsburg will stay on the Supreme Court until there is a Democratic president and a Democratic majority in the Senate. But what if, in the worst-case scenario, Ginsburg’s health forces her out before President Donald Trump’s term in office is over? Worried liberals have been asking me if there’s anything Senate Democrats can do to prevent Trump from getting a third Supreme Court pick in his four years in office.

I can’t give them a very comforting answer. If Ginsburg should leave while Trump is still president, it seems overwhelmingly likely that Trump would nominate a replacement more or less immediately — and that the replacement would be a staunch conservative. And Senate Majority Leader Mitch McConnell would likely act quickly to get that person confirmed.