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Culture War Roundup for the week of November 2, 2026

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If the Democrats win the Senate, which I am hopeful they will not, then they will likely refuse to confirm all of Trump's judicial nominees, which will start a constitutional crisis whereby judges will only be confirmed when the same party controls both the Presidency and Senate.

Out of interest, I took a look at the list of failed SCOTUS nominations. Only 8 since 1900:

  • Parker. Nominated by Hoover. Rejected by a bipartisan (Dems and Progressive Republicans) vote because of his anti-union jurisprudence.
  • Fortas. Nominated for promotion to Chief by LBJ. Rejected by a bipartisan (Republicans and Dixiecrats) vote on grounds of corruption but lefties think it was really ideological. Resigned as an Associate justice a year later due to another corruption scandal.
  • Thornberry. Nominated for Fortas's soon-to-be-vacant seat as an Associate justice, nomination lapsed due to the lack of a vacancy.
  • Haynsworth and Carswell. Nominated by Nixon, both rejected by bipartisan (northern Dems and moderate Reps) vote because they turned out to be closet segregationists.
  • Bork. Nominated by Reagan, rejected on a near-party-line vote. Dems said they voted against based both on his role in the Saturday Night Massacre and his ideology. Bork and his supporters said that Bork did not hold the extremist views he was accused of and the motivation was pure partisanship.
  • Miers. Nominated by GW Bush, would have been rejected on a bipartisan, non-ideological basis due to being obviously unqualified.
  • Garland. Nominated by Obama, rejected by McConnell based on pure partisanship.

So of the seven substantive rejections, at most two (Miers, and probably Fortas) were on personal grounds. The other five were all an ideologically coherent bloc in the Senate opposed to the President, rejecting the nominee based on their political views. The change is that the ideological line-up in the Senate now matches the partisan one in a way it historically didn't.

Given that only the Bork and Garland rejections became scandals, I think the mos maiorum that people want to exist (but doesn't, given that there was no political price in either case) is "Party-line rejection of the President's SCOTUS nomination by a Senate majority of the other party is inappropriate." Unfortunately, given increased ideological coherence and party discipline in the modern Senate, this would cash out as "the President can nominate anyone he wants as long as they are broadly acceptable to the President's own party", and would be a bad rule on that basis.