Miami Herald (Sunday)

GOP in quandary about when to schedule vote,

- BY LAURA LITVAN AND STEVEN T. DENNIS Bloomberg News

Senate Republican­s face a critical choice on replacing the late Supreme Court Justice Ruth Bader Ginsburg — vote on her replacemen­t before Election Day, or wait until immediatel­y afterward – when Donald Trump will still be president no matter the Nov. 3 outcome until next January.

The choice comes down to a calculatio­n of the politics.

Senate Majority Leader Mitch McConnell on Friday promised a vote on Trump’s pick to replace the high court’s liberal icon, but he didn’t put a timetable on it. The pivotal question in coming days is whether McConnell would try to keep that promise before the November elections or hold off until a lame duck session before the transition to the new Congress.

In a letter to his Republican colleagues obtained by the Washington Post, McConnell urged them to “keep your powder dry” in responding to the press until senators return to Washington if they are unsure what to say or are inclined to oppose giving a nominee a vote. “This is not the time to lock yourselves into a position you may later regret,” he wrote.

The Senate would need to move faster than usual to confirm a nominee before the election 45 days from now. The average time from nomination to Senate vote — after vetting and hearings — is 69.6 days, or about 2.3 months, according to a 2018 report from the Congressio­nal Research Service.

But McConnell in his letter said there was plenty of time. He cited Ginsburg’s nomination in 1993 which took only 50 days from the time it was announced until she was confirmed.

Delaying a vote until after the election could have political benefits. Republican­s could use the vacancy to energize their base in some of the swing states where incumbent GOP senators are in close contests. It also would avoid a politicall­y perilous vote for incumbent senators of their party such as Cory Gardner of Colorado and Susan Collins of Maine who are running for re-election in states Trump lost in 2016 and trail their Democratic challenger­s this year.

Pushing a nominee through before Election Day would require the Senate to move with a atypical speed that dispenses with norms and traditions.

The confirmati­on process typically involves one-on-one meetings between the nominee and individual senators over many weeks. And the process before the Senate Judiciary Committee is quite involved and includes a lengthy background questionna­ire for the nominee, a week of hearings, and a vote usually two weeks later before a full Senate vote is scheduled.

Delaying a vote until after the elections and before a new Congress is sworn in in early January has its own downsides. For one, Arizona Democrat challenger Mark Kelly is favored to beat incumbent GOP Sen. Martha McSally in that state’s special election to serve out the remainder of the late John McCain’s Senate term. If he wins, he could be seated shortly thereafter, costing McConnell one vote.

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