With Sotomayor concuring this must serve the DS. It would also apply to SCOTUS cases being argued now while RBG is alive but decided after she dies.
[RBG] soon. What is being argued now that can’t pass an 8 judge SOTUS panel ?
You know RBG is dying.
You know the court will be 6/3 or at least 5/1/3 soon.
You know arguments already heard can’t be ruled on by a newly appointed judge who wasn’t present for the arguments.
You want to lock in anything you can to a 4/4 or 4/1/3 court so DJT’s new pick can’t rule on it.
RBG is alive but dying. A short term installed roadblock against her replacement. What do they use it for?