The death of Ruth Bader Ginsburg is an incalculable tragedy. I will leave it to others more knowledgeable than myself to talk about her legacy. Trump and McConnell will do everything in their power to replace her now with the most right wing justice they can find. We need four votes from the Republicans to block that. Murkowski perhaps, Collins almost certainly since to do otherwise would condemn her to certain defeat, Romney conceivably, leaving us one vote short under the best of circumstances.
What can a President Biden do? The obvious answer is expand the court. Two additional justices would create a six – five balance with the Chief Justice, as now, sometimes coming over to the liberal side. I think Biden would have no choice but to move for such an expansion because he would face a revolt from his own party if he failed to do so. That along with the death of the filibuster would create the possibility for some sort of liberal legislation.
This is so bad that I find it difficult to think clearly about the path forward. All we can do is make sure that Biden is elected and then try to repair the terrible damage that will be done before he takes office.