Senate faces bitter fight over Trump’s next pick

The fight over President TrumpDonald John TrumpTrump: I hope voters pay attention to Dem tactics amid Kavanaugh fight South Korea leader: North Korea agrees to take steps toward denuclearization Graham calls handling of Kavanaugh allegations 'a drive-by shooting' 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 McConnellSanders hits Feinstein over Kavanaugh allegations: Now it’s clear why she did nothing for months On The Money: Senate approves 4B spending bill | China imposes new tariffs on billion in US goods | Ross downplays new tariffs: 'Nobody's going to actually notice' McConnell tamps down any talk of Kavanaugh withdrawal 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 SchumerHouse Dems push to delay Kavanaugh vote for investigation Democrats should end their hypocrisy when it comes to Kavanaugh and the judiciary Celebrities back both Cuomo and Nixon as New Yorkers head to primary vote MORE (N.Y.), recalling the bitter fight over Merrick GarlandMerrick Brian GarlandHirono: Dems could keep SCOTUS seat vacant for two years Kavanaugh understands a good judge is an umpire — not a diva Budowsky: If Dems win control of Congress 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 DurbinGrassley to administration: You must consult Congress on refugee cap Overnight Health Care: Senators target surprise medical bills | Group looks to allow Medicaid funds for substance abuse programs | FDA launches anti-vaping campaign for teens Bipartisan group wants to lift Medicaid restriction on substance abuse treatment MORE (Ill.) and Sen. Dianne FeinsteinDianne Emiel FeinsteinTrump: I hope voters pay attention to Dem tactics amid Kavanaugh fight Hillary Clinton: FBI investigation into Kavanaugh could be done quickly Graham calls handling of Kavanaugh allegations 'a drive-by shooting' 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 McCainTrump administration weakens methane pollution standards for drilling on public lands Another recession could hit US in 2019, says credit union association chief R-E-S-P-E-C-T: One legacy of Franklin and McCain is up to us 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) ManchinThe Memo: Kavanaugh firestorm consumes political world Kavanaugh becomes September surprise for midterm candidates Kavanaugh, accuser to testify publicly on Monday MORE (W.Va.), Heidi HeitkampMary (Heidi) Kathryn HeitkampThe Memo: Kavanaugh firestorm consumes political world Kavanaugh becomes September surprise for midterm candidates Kavanaugh, accuser to testify publicly on Monday MORE (N.D.) and Joe DonnellyJoseph (Joe) Simon DonnellyThe Memo: Kavanaugh firestorm consumes political world Kavanaugh becomes September surprise for midterm candidates Kavanaugh, accuser to testify publicly on Monday 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 HatchGrand Staircase-Escalante: A conservation triumph is headed for future as playground for industry McConnell tamps down any talk of Kavanaugh withdrawal GOP offers to ban cameras from testimony of Kavanaugh accuser 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 BluntMurkowski echoes calls for Kavanaugh, accuser to testify Kavanaugh, accuser to testify publicly on Monday Kavanaugh furor intensifies as calls for new testimony grow 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 CornynGOP mulls having outside counsel question Kavanaugh, Ford Blumenthal: Kavanaugh nomination should be withdrawn Cornyn takes on O'Rourke over AR-15s 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 CollinsGrassley: No reason to delay Kavanaugh hearing Dem senators back Kavanaugh accuser's call for FBI investigation CNN’s Brooke Baldwin on Ford: ‘Mr. President, refer to her by her name’ MORE (Maine) and Lisa MurkowskiLisa Ann MurkowskiProgressive group targets Collins, Murkowski after Kavanaugh allegation Overnight Energy: Trump rolls back methane pollution rule | EPA watchdog to step down | China puts tariffs on US gas GOP can't sweep Kavanaugh bombshell under the rug 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 MurrayJudiciary Democrat calls for additional witnesses to testify on Kavanaugh Kavanaugh allegations set stage for Anita Hill sequel Time for action to improve government data analysis 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 GrahamTrump: I hope voters pay attention to Dem tactics amid Kavanaugh fight Graham calls handling of Kavanaugh allegations 'a drive-by shooting' Graham knocks South Korea over summit with North 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 LeeSenate approves 4B spending bill Overnight Health Care: Opioid legislation passes overwhelmingly | DOJ backs Cigna-Express Scripts merger | Senate passes ban on pharmacy gag clauses US military intervention in Venezuela would be a major mistake 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.