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Senate faces bitter fight over Trump’s next pick

The fight over President TrumpDonald TrumpSt. Louis lawyer who pointed gun at Black Lives Matter protesters considering Senate run Chauvin found guilty as nation exhales US says Iran negotiations are 'positive' 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 McConnellMcConnell vents over 'fake news' The Hill's 12:30 Report - Presented by Facebook - Tensions rise as U.S. waits for Derek Chauvin verdict Trump looking 'beyond seriously' at 2024 run 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 SchumerChuck SchumerLawmakers react to guilty verdict in Chauvin murder trial: 'Our work is far from done' Overnight Health Care: Johnson & Johnson pause seen as 'responsible' in poll | Women turning out more than men for COVID-19 vaccines 'Real Housewives of the GOP' — Wannabe reality show narcissists commandeer the party MORE (N.Y.), recalling the bitter fight over Merrick GarlandMerrick GarlandBiden says Chauvin verdict is step forward in fight against racial injustice Senate confirms Biden's nominee for No. 2 official at DOJ Why Biden's gun policy doesn't go far enough 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 DurbinDick DurbinGOP eyes new strategy to derail Biden infrastructure plan White House defends 'aspirational' goal of 62,500 refugees Biden on refugee cap: 'We couldn't do two things at once' MORE (Ill.) and Sen. Dianne FeinsteinDianne Emiel FeinsteinLawmakers react to guilty verdict in Chauvin murder trial: 'Our work is far from done' Senate Democrats call on Biden to restore oversight of semiautomatic and sniper rifle exports Overnight Defense: Army moves to combat sexual crimes | Eight West Point cadets expelled | Democratic senators want to restrict F-35 sale to UAE 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 McCainBush says he doesn't criticize other presidents to avoid risking friendship with Michelle Obama 'Real Housewives of the GOP' — Wannabe reality show narcissists commandeer the party George W. Bush: 'It's a problem that Americans are so polarized' they can't imagine him being friends with Michelle Obama 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 ManchinJoe ManchinBiden dispatches Cabinet members to sell infrastructure plan On The Money: Treasury creates hub to fight climate change | Manchin throws support behind union-backed PRO Act | Consumer bureau rolls out rule to bolster CDC eviction ban Miners union to back Biden on green energy if it retains jobs MORE (W.Va.), Heidi HeitkampMary (Heidi) Kathryn HeitkampBill Maher blasts removal of journalist at Teen Vogue Centrist Democrats pose major problem for progressives Harrison seen as front-runner to take over DNC at crucial moment MORE (N.D.) and Joe DonnellyJoseph (Joe) Simon DonnellyRepublicans fret over divisive candidates Everybody wants Joe Manchin Centrist Democrats pose major problem for progressives 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 HatchPress: Forget bipartisanship — it's dead! Privatization of foster care has been a disaster for children Remembering Ted Kennedy highlights decline of the Senate 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 BluntSt. Louis lawyer who pointed gun at Black Lives Matter protesters considering Senate run The Hill's Morning Report - Presented by Facebook - GOP draws line on taxes; nation braces for Chauvin verdict Senate GOP faces post-Trump spending brawl 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 CornynOvernight Health Care: Johnson & Johnson pause seen as 'responsible' in poll | Women turning out more than men for COVID-19 vaccines Cornyn places hold on Biden Medicaid nominee Stacey Abrams: Parts of new Georgia voting law have racist intent 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 CollinsCollins joins Democrats in bid to undo Trump methane emissions rollback Biden dispatches Cabinet members to sell infrastructure plan Senate confirms SEC chief Gensler to full five-year term MORE (Maine) and Lisa MurkowskiLisa Ann MurkowskiTrump: GOP candidates need to embrace 'make America great' agenda if they want to win Republicans who backed Trump impeachment see fundraising boost Moderates' 0B infrastructure bill is a tough sell with Democrats 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 MurrayHouse passes bill to combat gender pay gap Schumer kicks into reelection mode Democrats target Trump methane rule with Congressional Review Act 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 GrahamOvernight Energy: Biden reportedly will pledge to halve US emissions by 2030 | Ocasio-Cortez, Markey reintroduce Green New Deal resolution The Hill's Morning Report - Presented by Facebook - GOP draws line on taxes; nation braces for Chauvin verdict Senate GOP faces post-Trump spending brawl 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 LeeBig Tech set to defend app stores in antitrust hearing Hillicon Valley: Apple approves Parler's return to App Store | White House scales back response to SolarWinds, Microsoft incidents | Pressure mounts on DHS over relationship with Clearview AI 15 Senate Republicans pledge to oppose lifting earmark ban 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.