The Norwalk Hour

NATION MOURNS By Emilie Munson

RUTH BADER GINSBURG

- emilie.munson@hearstdc.com; Twitter: @emiliemuns­on

WASHINGTON — A key senator who will be involved in confirmati­on hearings, U.S. Sen. Richard Blumenthal, D-Conn., promised Saturday to “fight like hell” against confirming President Donald Trump’s nominee for the Supreme Court vacancy before the November election.

But no matter the timing of the vote, Blumenthal said he would not support the potential nominees that Trump announced last week.

“There is no one on that list who I would support,” he said in an interview Saturday afternoon.

Blumenthal and other Senate Democrats are preparing for dogged confirmati­on fight as Republican­s signal they will move quickly to replace the long

time, iconic Justice Ruth Bader Ginsburg, who died Friday night at age 87. The Supreme Court battle infuses the 2020 election with another pivotal issue: the future of the nation’s highest court and an undoubtedl­y partisan pre-election struggle to shape it.

Trump suggested Saturday that he will move quickly to nominate a new justice and fill the vacant seat — possibly before the election. Senate Majority Leader Mitch McConnell, R-Ky., said Friday night, “President Trump’s nominee will receive a vote on the floor of the United States Senate,” declaring his intention to confirm a Trump’s pick for Supreme Court justice either prior to the election or in the weeks or months after — even if Trump loses in November.

If Republican­s attempt to confirm a new justice in the next six weeks, it would controvert their insistence in 2016 that Supreme Court judges should not be confirmed close to a presidenti­al election, when they blocked President Barack Obama’s nomination of Judge Merrick Garland for that reason.

“We were put in this position of power and importance to make decisions who so proudly elected us, the most important of which has long been considered to be the selection of United States Supreme Court justices,” Trump wrote Saturday. “We have this obligation, without delay.”

Timing of a confirmati­on vote is likely to hinge on the actions of a small group of Republican­s, some of them facing re-election in 2020. In the past two years, a handful of Republican senators have said they would not support a confirmati­on vote within several months of an election, including Lindsey Graham of South Carolina, the chair of the Judiciary Committee, Susan Collins of Maine, and Lisa Murkowski of Alaska.

Graham, who will lead confirmati­on hearings for the nominee, changed his tune Saturday, saying on Twitter “I will support President (Trump) in any effort to move forward regarding the recent vacancy created by the passing of Justice Ginsburg.” Later Saturday, Collins said the winner of the presidenti­al election should make the appointmen­t.

A member of the Judiciary Committee, Blumenthal called

Graham’s comments “the height of hypocrisy” and said he has “no idea” what to expect from him in the coming weeks.

Senate Democrats held a call Saturday afternoon to discuss what to do. Blumenthal declined to share specifics about the call or Democrats’ strategy, but said “I’m certainly talking to my colleagues about how to stop a reckless and irresponsi­ble effort to confirm a justice before the election when the American people can make their voice heard. We have been talking not only about our strategy, but also Justice Ginsburg’s legacy.”

Democrats are already warning their base that the addition of another conservati­ve justice to the court — shifting its compositio­n to six conservati­ves and three liberals — will threaten key decisions and legislatio­n that Democrats support, including the landmark abortion decision Roe v. Wade and the survival of the Affordable Care Act.

“If Republican­s push through a Supreme Court nominee, within weeks the Affordable Care Act will be gone (a case is pending),” U.S. Sen. Chris Murphy, D-Conn., wrote on Twitter Saturday. “20 million Americans will lose their health insurance and rates will skyrocket for anyone with a pre-existing condition. In a pandemic.”

Murphy said Friday night if Republican­s reverse their 2016 precedent and confirm a nominee now the Senate “will be changed forever.”

McConnell argued Friday night that Republican­s have the mandate to confirm a new judge — despite his previous views on the matter — because there is a Republican president and Senate majority.

“Since the 1880s no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidenti­al election year,” McConnell said. “By contrast, Americans re-elected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particular­ly his outstandin­g appointmen­ts to the federal judiciary. Once again, we will keep our promise.”

Bill Dunlap, law professor at Quinnipiac University, said in 2016, when McConnell blocked hearings on Obama’s nominee, Merrick Garland, Republican­s never mentioned the difference in party between the Senate majority and the presidency as a justificat­ion.

“That’s irrelevant,” he said. “And also irrelevant is the time during the president’s term when the appointmen­t is being made. The president has the authority to carry out his tasks from the moment he is inaugurate­d until another president is inaugurate­d, so the fact that the appointmen­t comes late in the term should be irrelevant. I think it was irrelevant four years ago and I think on some level, I think it is irrelevant now. But it was the majority leader, it was the Republican­s in the Senate, who appeared to institute this rule.”

Senate Democrats’ mission to torpedo another Republican appointmen­t to the Supreme Court will first fall to the Senate Judiciary Committee, which hold hearings and the first vote on the confirmati­on of the nominee. Using procedural techniques and appeals to vulnerable Republican­s, their strategy will undoubtedl­y be to delay, delay, delay — first to push a vote after Nov. 3, and then if former Vice President Joe Biden wins, to delay until after the inaugurati­on, Dunlap said.

This Supreme Court confirmati­on fight will be the fourth participat­ed in by Blumenthal, who has served in the Senate since 2011. It is likely to be the most bruising of them all.

In 2018, Blumenthal, Connecticu­t’s

former attorney general, helped lead the fierce Democratic opposition to the confirmati­on of Justice Brett Kavanaugh. On the Judiciary Committee, Blumenthal used procedural tactics like moving to adjourn the hearings and demands for more documents detailing Kavanaugh’s past at the White House to try to block or slow-roll the proceeding­s.

Blumenthal was fore in the push for additional FBI investigat­ions into the conduct of Kavanaugh, after a woman named Christine Blasey Ford publicly alleged that Kavanaugh sexually assaulted her when they were in high school. Kavanaugh has denied any wrongdoing.

In hearings, Blumenthal attacked Kavanaugh’s credibilit­y, sparred with him over abortion rights and presidenti­al powers. He vowed to oppose Kavanaugh’s nomination before the hearings began and followed through on that.

After a rancorous battle, the Senate voted 50 to 48 to confirm Kavanaugh in October 2018, one of the closest confirmati­on votes in American history.

Blumenthal also opposed the confirmati­on of Justice Neil Gorsuch, who Trump nominated to replace the late Justice Antonin

Scalia in 2017 after Republican­s blocked President Barack Obama’s nomination of Merrick Garland for the post the year prior.

Democrats filibuster­ed Gorsuch’s nomination on the Senate floor under the previous 60-vote threshold. But Senate Republican­s used a series of party line votes to change the standard a Supreme Court nomination, allowing them to approve Gorsuch with a simple majority.

That significan­t change was later critical to allowing Gorsuch to squeak through the Senate and will again be important in the confirmati­on fight to replace Ginsburg. It has created a new environmen­t in which justices can be added to the Supreme Court for life without bipartisan approval.

In 2016, Senate Republican­s opposed Garland who was nominated by Obama in March of 2016. They refused to hold Senate Judiciary Committee hearings on the confirmati­on because it was too close to the presidenti­al election, they said, and the people should get a chance to decide who the next justice would be with their vote for president.

 ?? Washington Post via Getty Images ?? Supreme Court Justice Ruth Bader Ginsburg celebrates 20 years on the bench on Aug. 30, 2013 at the U.S. Supreme Court in Washington, D.C. Above right, justices descend the steps of the Supreme Court in 2005.
Washington Post via Getty Images Supreme Court Justice Ruth Bader Ginsburg celebrates 20 years on the bench on Aug. 30, 2013 at the U.S. Supreme Court in Washington, D.C. Above right, justices descend the steps of the Supreme Court in 2005.
 ?? Kort Duce / AFT via Getty Images ??
Kort Duce / AFT via Getty Images
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 ?? Alex Brandon / Associated Press ?? People gather at the Supreme Court Friday in Washington, after the Supreme Court announced that Supreme Court Justice Ruth Bader Ginsburg died of metastatic pancreatic cancer at age 87.
Alex Brandon / Associated Press People gather at the Supreme Court Friday in Washington, after the Supreme Court announced that Supreme Court Justice Ruth Bader Ginsburg died of metastatic pancreatic cancer at age 87.

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