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What happens if a nominee dies?
If a nominee is rejected three times, the president can dissolve Parliament.
"They said, 'If a nominee isn't confirmed, wouldn't the board have to close down?' " Robbins recalled.
He said that if a nominee fails in committee, Democrats might consider taking the nomination to the floor nonetheless.
For example, if a nominee directly expressed a preference to overturn Roe v. Wade, the ruling that legalized abortion across the nation, the judge may have to be recused from a future case.
"But if a nominee is one that is so activist like Goodwin Liu that's just been nominated — who's written that, that the Constitution requires welfare and health care to individuals — if it's somebody like that, clearly outside the mainstream, then I think every power should be utilized to protect the Constitution.
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However, Sroka noted that if Warren doesn't run, "progressives had made clear what they want in a nominee, if it's Hillary Clinton" or someone else.
And if such a nominee "involves a contentious battle, then let it be".
If there's a nominee, that could change the department's trajectory significantly.
The party must decide if it wants a nominee with strong ties to President Clinton.
"If he is a nominee, well, hold your seats," Henry Kravis, the co-founder of Kohlberg Kravis Roberts, told a room of executives at a dinner in Hong Kong last month, according to Reuters.
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