JEFFREY TOOBIN: What’s in many respects more interesting about what McCain said, was “we will oppose any nominee that Hillary Clinton puts forward.” Think about that. That's never happened in American history, that every member of one party has voted against a president's nominee to the Supreme Court, and that really raises the possibility that if the Republicans control the Senate, we are at eight justices for the foreseeable future.

BROOKE BALDWIN (HOST): Which is why these downballot races -- I know we're all hung up on the top of the ticket, that's why all of it is so key this election season.

TOOBIN: Absolutely. It sounds like inside baseball, but who controls the United States Senate, 50 -- the difference between 49 and 51 votes is enormous, because if the Democrats control the chairman of the Judiciary Committee, they will get a hearing on Merrick Garland, or whoever -- if she doesn't -- if Hillary Clinton doesn't renominate him, whoever her appointee is. If it's Chuck Grassley, if he wins and the Republicans take control, they can not hold hearings just like they've not held hearings on Merrick Garland, and there will be eight justices for the foreseeable future.

Related:

John McCain: Republicans Will Block Anyone Clinton Names To The Supreme Court

Previously:

STUDY: Broadcast News Spent Less Than Six Minutes Covering Obstruction Of Garland Nomination In The Last Six Months

Sunday Shows Allow Mitch McConnell To Push False “Biden Rule” As Precedent For SCOTUS Obstruction

George Will Dismisses GOP Obstruction Of Merrick Garland As “A Partisan Reflex In Search Of A Justifying Principle”