Senate faces bitter fight over Trump’s next pick

The fight over President TrumpDonald John TrumpJustice Department preparing for Mueller report as soon as next week: reports Smollett lawyers declare 'Empire' star innocent Pelosi asks members to support resolution against emergency declaration MORE’s next nomination to the Supreme Court began almost immediately after the news broke of the opening on Wednesday.

Moments after Supreme Court Justice Anthony Kennedy said he would retire, Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellFox News has covered Ocasio-Cortez more than any 2020 Dem besides Warren: analysis Durbin after reading Green New Deal: 'What in the heck is this?' Dems think they're beating Trump in emergency declaration battle MORE (R-Ky.) said the Senate would act before the midterm election to confirm Trump’s next nominee.

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“We will vote to confirm Justice Kennedy’s successor this fall,” McConnell said on the Senate floor.

Democrats immediately cried foul, arguing the nomination fight should come next year.

Senate Democratic Leader Charles SchumerCharles (Chuck) Ellis SchumerGOP Green New Deal stunt is a great deal for Democrats National emergency declaration — a legal fight Trump is likely to win House Judiciary Dems seek answers over Trump's national emergency declaration MORE (N.Y.), recalling the bitter fight over Merrick GarlandMerrick Brian GarlandGOP advances rules change to speed up confirmation of Trump nominees New battle lines in war over Trump’s judicial picks Mitch McConnell has shown the nation his version of power grab MORE’s nomination to the court in 2016, demanded that McConnell hold off until a new Congress is seated in 2019. He said Republicans should let voters weigh in on the choice through the November midterm elections.

Schumer said it would be the “height of hypocrisy” for Republicans to move quickly after they held open the late Justice Antonin Scalia’s seat for more than a year in 2016.

McConnell blocked Garland, former President Obama’s nominee for that seat, from getting even a hearing. He said at the time that voters needed to help decide the ideological balance of the court by picking a new president.

“Millions of people are just months away from determining the senators who should vote to confirm or reject the president’s nominee, and their voices deserve to be heard,” Schumer said Wednesday.

Other Democrats, including Minority Whip Dick DurbinRichard (Dick) Joseph DurbinDurbin: Trump pressuring acting AG in Cohen probe is 'no surprise' Durbin after reading Green New Deal: 'What in the heck is this?' Sanders: 'Not crazy' about nixing the Senate filibuster MORE (Ill.) and Sen. Dianne FeinsteinDianne Emiel FeinsteinFeinstein says she thinks Biden will run after meeting with him Trump judicial nominee Neomi Rao seeks to clarify past remarks on date rape Bottom Line MORE (Calif.), the ranking member of the Senate Judiciary Committee, quickly echoed Schumer’s demands.

McConnell, for his part, called on Democrats to give Trump’s next pick fair consideration.

“It’s imperative that the president’s nominee be considered fairly and not subjected to personal attacks,” he said.

Democrats would appear to have little hope of blocking a Trump pick, though Republicans hold just 51 seats and usually have 50 members in the chamber given Sen. John McCainJohn Sidney McCainMellman: Where are good faith and integrity? GOP senator says Republicans didn't control Senate when they held majority Pence met with silence after mentioning Trump in Munich speech MORE’s (R-Ariz.) battle with brain cancer.

Still, a vote before the midterm elections could be difficult for a number of Democratic senators facing reelection in states won by Trump, including Sens. Joe ManchinJoseph (Joe) ManchinGabbard cites ‘concerns’ about ‘vagueness’ of Green New Deal Democrats brush off GOP 'trolling' over Green New Deal Senate confirms Trump pick William Barr as new attorney general MORE (W.Va.), Heidi HeitkampMary (Heidi) Kathryn HeitkampOvernight Energy: Trump taps ex-oil lobbyist Bernhardt to lead Interior | Bernhardt slams Obama officials for agency's ethics issues | Head of major green group steps down Trump picks ex-oil lobbyist David Bernhardt for Interior secretary On The Money: Shutdown Day 27 | Trump fires back at Pelosi by canceling her foreign travel | Dems blast 'petty' move | Trump also cancels delegation to Davos | House votes to disapprove of Trump lifting Russia sanction MORE (N.D.) and Joe DonnellyJoseph (Joe) Simon DonnellyOvernight Energy: Trump taps ex-oil lobbyist Bernhardt to lead Interior | Bernhardt slams Obama officials for agency's ethics issues | Head of major green group steps down Trump picks ex-oil lobbyist David Bernhardt for Interior secretary EPA's Wheeler faces grilling over rule rollbacks MORE (Ind.).

All are likely to face significant pressure to back Trump’s pick.

The Judicial Crisis Network, a group that advocates for conservative judges, announced Wednesday it would launch a million-dollar advertising campaign to pressure Democrats in red states to vote for Trump’s nominee. The group spent $10 million to support Justice Neil Gorsuch’s nomination last year.

“It’s going to be a big battle,” said Sen. Orrin HatchOrrin Grant HatchOrrin Hatch Foundation seeking million in taxpayer money to fund new center in his honor Mitch McConnell has shown the nation his version of power grab Overnight Health Care — Presented by PCMA — Utah Senate votes to scale back Medicaid expansion | Virginia abortion bill reignites debate | Grassley invites drug execs to testify | Conservative groups push back on e-cig crackdown MORE (R-Utah), a former Judiciary Committee chairman.

Republicans think a Supreme Court debate will help rev up their base at a time when polls show Democratic voters are more enthusiastic about voting than Republicans. 

“It does once again heighten the importance of a Republican Senate to voters who are reminded again about how big an impact that the Senate majority has on who serves on the court,” said Sen. Roy BluntRoy Dean Blunt‘Contingency’ spending in 3B budget deal comes under fire GOP braces for Trump's emergency declaration The border deal: What made it in, what got left out MORE (Mo.), a member of the Senate GOP leadership.

“I think that will encourage people who want to see that majority to continue to get out and work harder than they would have otherwise,” he added.  

Senate Republican Whip John CornynJohn CornynO’Rourke not ruling out being vice presidential candidate O'Rourke mulling another Senate run as well as presidential bid Texas senator introduces bill to produce coin honoring Bushes MORE (Texas) said a Supreme Court fight is “one thing that energizes conservatives more than anything else.”

Abortion is likely to be a flashpoint in the debate, as Kennedy had been the fifth vote for upholding Roe v. Wade, the landmark case that established a right to abortion in 1973.

Sens. Susan CollinsSusan Margaret CollinsTexas GOP rep opposes Trump’s use of national emergency to get border wall GOP Sen. Collins says she'll back resolution to block Trump's emergency declaration Talk grows that Trump will fire Dan Coats MORE (Maine) and Lisa MurkowskiLisa Ann MurkowskiGOP Sen. Collins says she'll back resolution to block Trump's emergency declaration The Hill's 12:30 Report: Trump escalates fight with NY Times The 10 GOP senators who may break with Trump on emergency MORE (Alaska) are two Republicans who support abortion rights and are likely to exert significant influence on the debate.

They voted last year against legislation to repeal and replace ObamaCare in part because it would have defunded Planned Parenthood.

Collins said she would prefer Trump to pick a more centrist judge in the mold of Kennedy, who ruled in cases such as Planned Parenthood v. Casey to uphold a woman’s right to an abortion.

“That obviously would be my preference but what I’m most looking for is a justice that will follow the law and the Constitution,” she said.

“I view Roe v. Wade as being settled law. It’s clearly precedent and I always look for judges who respect precedent,” Collins added.

Democrats on Wednesday framed the new Supreme Court vacancy as a proxy battle over the future of abortion and reproductive rights, a preview of their strategy for the months ahead.

“From Day One, President Trump and Vice President Pence have made it clear that turning back the clock on women’s health and reproductive rights is a top priority for them,” Sen. Patty MurrayPatricia (Patty) Lynn MurrayJohnson & Johnson subpoenaed by DOJ and SEC, company says Top Dems blast administration's proposed ObamaCare changes Overnight Health Care — Sponsored by America's 340B Hospitals — Dems blast rulemaking on family planning program | Facebook may remove anti-vaccine content | Medicare proposes coverage for new cancer treatment MORE (D-Wash.) warned on the Senate floor.

Some GOP lawmakers say they want a conservative justice and have praised the possible candidates Trump listed during the 2016 presidential campaign as acceptable.

“The president has a lot of good choices. I hope they can give us a good, highly qualified nominee quickly. Then we’ll get on with it,” said Sen. Lindsey GrahamLindsey Olin GrahamFBI’s top lawyer believed Hillary Clinton should face charges, but was talked out of it Overnight Defense: Graham clashed with Pentagon chief over Syria | Talk grows that Trump will fire Coats | Coast Guard officer accused of domestic terrorism plot Graham cursed at acting DOD chief, declaring himself his 'adversary' MORE (R-S.C.), a member of the Judiciary Committee.

Trump has released a list of 25 people he would consider for the court, including William Pryor of the 11th U.S. Circuit Court of Appeals, Don Willett of the Texas Supreme Court, Brett Kavanaugh of the U.S. Court of Appeals for the District of Columbia Circuit and Sen. Mike LeeMichael (Mike) Shumway LeeThe Hill's 12:30 Report: Trump escalates fight with NY Times The 10 GOP senators who may break with Trump on emergency Congress closer to forcing Trump’s hand on Saudi support MORE (R) of Utah.

Graham, the sponsor of a bill to ban abortion after 20 weeks, downplayed the likely impact on Roe v. Wade.

“Roe v. Wade has been affirmed many times in different ways,” he said. “There’s no litmus test.”

Republicans say they want to get started on the confirmation process as soon as possible.

“Aug. 1 we need to have someone ready,” said Sen. John KennedyJohn Neely KennedyMORE (R-La.), another member of the Judiciary Committee.

“I want a good lawyer who is whip smart, who is not a hater, who calls the balls and the strikes, who understands the way Madison meant the separation of powers to work, and who will listen to all points of view,” Kennedy added.

It has taken the Senate between 66 and 87 days to confirm the last four Supreme Court nominees. If that trend holds, it would set up a confirmation vote for October, shortly before Election Day.

Chief Justice John Roberts was confirmed in 2005 in an especially quick time frame, 23 days.

Kennedy’s resignation will become effective on July 31.