Battle over nominee starts before nomination
Senate leaders argue about timing of vote
WASHINGTON — The Senate battle over Donald Trump’s Supreme Court nominee is off to a fiery start — even before the president makes his choice. Republican and Democratic leaders traded accusations and barbed comments Thursday on the new vacancy, abortion rights and the debate to come.
Both sides are quickly mobilizing after Justice Anthony Kennedy, whose votes have been key in deciding cases on abortion, affirmative action, gay rights, guns, campaign finance and voting rights, sent shockwaves through Washington Wednesday by announcing his retirement.
Republicans are pressing for speedy action — assuming Trump makes a quick announcement of his pick — but Democrats argue that the confirmation action should be put on hold until after the November midterm elections. Democrats are citing Senate GOP leader Mitch McConnell’s successful block of President Barack Obama’s nominee to the court, Merrick Garland, in 2016. Republicans argued the seat should be left open because it was a presidential election year.
Senate Minority Leader Chuck Schumer, D-N.Y., said Thursday it would be the “height of hypocrisy” to vote before this year’s election on Trump’s nominee.
“If the Senate’s constitutional duty to advise and consent is just as important as the president’s right to nominate, which the Constitution says it is, why should a midterm election be any less important than a presidential election?” Schumer said.
Majority Leader McConnell, R-Ky., fired back, saying the situations are not the same.
“This is not 2016. There aren’t the final months of a second-term constitutionally lame duck presidency with a presidential election fast approaching. We’re right in the middle of this president’s very first term,” McConnell said
Trump said he would start the effort to replace Kennedy “immediately” and would pick from a list of 25 names that he updated last year. McConnell declared that the Senate “will vote to confirm Justice Kennedy’s successor this fall.”
With Kennedy’s departure, Republicans have a longed-for opportunity to tip the balance of the court. It already has four justices picked by Democratic presidents and four picked by Republicans, so Trump’s pick could shift the ideological balance toward conservatives for years to come.
Several Democratic senators considering 2020 presidential runs jumped into the debate Thursday morning, rallying from the steps of the Supreme Court.
Sen. Cory Booker pledged a long-term battle to prevent Trump from rushing a conservative judge onto the court, even as he acknowledged it will be difficult for Democrats to block any nominee since Republicans control the Senate.
“We now must fight,” the New Jersey Democrat said.
If Republicans unite behind Trump’s selection, there’s little that Democrats can do to stop it. Republicans changed the Senate rules last year so that Supreme Court nominees cannot be filibustered.