The Washington PostDemocracy Dies in Darkness

Is the Supreme Court counting on getting a ninth justice in January?

October 22, 2016 at 6:00 a.m. EDT
Judge Merrick Garland, President Obama’s choice to replace the late Justice Antonin Scalia on the Supreme Court, arrives on Capitol Hill in Washington on April 12 for a private breakfast meeting with Senate Judiciary Committee Chairman Sen. Charles E. Grassley (R-Iowa). (J. Scott Applewhite/AP)

Sen. Jeff Flake’s call to confirm Merrick Garland for the Supreme Court if Hillary Clinton wins next month has reignited the public debate over the stalled nomination — and the court’s own calendar suggests that the eight current justices may be watching to see if that is a real possibility.

In an interview Thursday with Politico, Flake — an Arizona Republican who serves on the Senate Judiciary Committee — said Republicans should move sooner rather than later if GOP nominee Donald Trump loses the presidential race.