High court vacancy adds urgency to Florida Senate race
WASHINGTON – Hours after Supreme Court Justice Anthony Kennedy announced his retirement, fundraising appeals from Florida’s two major candidates for U.S. Senate – incumbent Democrat Bill Nelson and GOP Gov. Rick Scott – started flooding inboxes.
Scott’s campaign pleaded for “emergency” donations because Nelson must not be allowed “to derail a conservative nominee.”
Nelson’s campaign warned donors that if Scott wins in November, “Republicans will keep their grip on the Senate – and we’ll have no chance to stop any extreme nominees.”
President Donald Trump plans to nominate Kennedy’s successor July 9. Senate Majority Leader Mitch McConnell, R-Ky., insists the Senate confirm the nominee this fall, a move that could occur well before the election Nov. 6.
The vacancy is likely to ratchet up the tension and importance of a nationally watched race that could decide who controls the Senate next year and, in turn, the confirmation of future nominees to federal courts. Republicans hold a 51-49 advantage in the Senate.
Incendiary issues such as immigration, gun control and abortion are leading donors to dig deeper into their pockets and pushing more people to political activism.
The prospect of a Supreme Court vacancy will spike turnout even more in the fall elections, said Susan MacManus, a retired political science professor at the University of South Florida in Tampa.
“The courts do get both sides of the aisle charged up,” she said, especially in a midterm congressional election, “when the predominance of turnout is activists and longtime party members.”
The just-completed term reminded voters of the court’s importance as the ultimate referees on some of the most polarizing issues dividing Americans.
From Trump’s immigration travel ban to workers’ rights, voting rights and religious rights, the nation’s highest court handed conservatives a nearly unbroken string of victories in rulings that were often 5-4 – Kennedy being the swing vote on the prevailing side.
How the vacancy will play in swing elections such as the Florida Senate race will largely depend on whom Trump selects when he unveils the pick next week, MacManus said.
Trump, who won Florida in 2016, said he will pick from a list of 25 potential nominees assembled with the help of conservative interest groups. If he chooses a woman, a minority or a relatively moderate jurist, it could put Democrats in closely contested races such as Nelson in a tougher bind to go against them, MacManus said.
Nelson wants the confirmation process to take place after the election. If the Democrats retake the Senate, they could force Trump to choose a moderate nominee who is closer to Kennedy’s philosophy.
Scott urged the Senate to follow McConnell’s lead and move quickly on the confirmation of a justice even though it would mean he wouldn’t get a chance to vote on the choice.
“We cannot delay having a solid justice, and Senate Democrats should not try to play politics or obstruct this process,” Scott said. “It’s imperative the next justice will uphold our Constitution and fairly and accurately interpret our laws.”