How will Ginsburg's death affect the election?
It is not the base Trump wants to get, but the marginally pro-life voters in the Midwest. He especially wants a fight where Senators Feinstein and Schumer go hard on Barrett or any other pro-life nominee, although I don't see any qualified judge opt for overturning Roe. On both equal protection and federal power grounds, it is settled law. Only Scalia wanted to send the issue back to the states.
The best thing that Schumer can do for the election, as I wrote yesterday, is to approve it by consent. Even announcing that he will will give pause to the same people who balked at Miers. Alito and Thomas are old enough, as is Breyer, to give Biden the running room on the Court. The real issue is capitalism. The Court supports it 100%, because the law does. Bummer that.
The best October surprise for Biden would be GRUdi under indictment. The second best thing is for the issue to be raised hard. Winning the debates and the post debate coverage is also key. We shall see.
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