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Sen. John McCain Promises GOP Will Unite To Keep Liberal Justices Off Bench

PHILADELPHIA (CBS) -- The United States Supreme Court was front and center this week, when Arizona Senator John McCain, campaigning for Pat Toomey promised the GOP would unite to keep liberal justices off the bench in the event of a Clinton win. A local expert says it could be legal.

With three seats potentially up for grabs on the high court, Senator John McCain spoke to WPHT's Dom Giordano on Monday, rallying conservatives behind Pat Toomey.

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"This is why we need the Majority," he said.

While McCain said he'd review any nominees, Penn Law Professor Kermit Roosevelt said the GOP could block an appointment of a Supreme Court justice during a Hillary Clinton administration.

"They could do it for four years and there's no court that could tell them not to do it."

Roosevelt said the court only needs six justices to run. And while it would be legal for one party to obstruct another's nominations, it would undermine democracy.

"They'd really just be throwing sand in the wheels of our government."

Drexel Political Science professor, Bill Rosenberg said the talk is all politics.

"John McCain is trying to rally the troops to get the vote out."

He said Democrats are also rallying the troops, underscoring the importance of down ballot elections.

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