Revista da EMERJ - V. 20 - N. 2 - Maio/Agosto - 2018

53  R. EMERJ, Rio de Janeiro, v. 20, n. 2, p. 8 - 53, Maio/Agosto 2018  a Supreme Court appointment–especially on this evenly-divided Court–will be ratcheted that much higher. This battlefield scenario is especially likely to unfold when President George W. Bush makes his first nomination to the Court. Since most Democrats believe that the Court’s intervention to make Bush president was illegitimate, they are sure to scrutinize with exacting care his efforts to reshape the Court in his political image. While Democrats proved powerless to prevent the Court from picking the president, they may have greater success, especially in this evenly-divided Senate, at preventing the president from picking the Court. v