The Volokh Conspiracy

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Sen. Udall's Gorsuch-Garland plan for the Supreme Court


CNN reports that Sen. Tom Udall (D-N.M.) is floating a plan that would send both Judge Neil Gorsuch and Judge Merrick Garland to the Supreme Court.

His proposal is for Trump to meet privately with Supreme Court justices who are interested in retirement. If one of those justices decided they would be willing to retire, and if Trump promises to nominate Garland, President Barack Obama's unconfirmed former SCOTUS pick, in their place, then the retiring justice would submit a letter of resignation contingent on that promise.
Then, both Garland and Gorsuch would be voted on simultaneously.

Sound far-fetched? Perhaps because, as CNN reports, the idea parallels the plot of a "West Wing" episode (though a Udall spokesperson denies the senator watches the show, let alone was influenced by it). Then again, if Justices Ruth Bader Ginsburg or Stephen Breyer agreed to step down, perhaps Trump would consider it.