Senate faces bitter fight over Trump’s next pick

The fight over President TrumpDonald John TrumpSunday shows preview: Shutdown negotiations continue after White House immigration proposal Rove warns Senate GOP: Don't put only focus on base Ann Coulter blasts Trump shutdown compromise: ‘We voted for Trump and got Jeb!’ 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 McConnellSunday shows preview: Shutdown negotiations continue after White House immigration proposal Senate to take up Trump's border-immigration plan next week Trump pitches new plan to reopen government amid Dem pushback 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 SchumerSunday shows preview: Shutdown negotiations continue after White House immigration proposal Trump blasts Pelosi for wanting to leave country during shutdown The Senate should host the State of the Union MORE (N.Y.), recalling the bitter fight over Merrick GarlandMerrick Brian GarlandHirono blasts McConnell’s explanation for blocking funding bills: ‘One of the lamest excuses I’ve heard’ Avenatti: Trump fighting harder for wall than Dems did for Merrick Garland Supreme Court not for life? Beware perils to its independence 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 DurbinBlagojevich's wife 'speechless' that officer's sentence less than half of husband's Trump pitches new plan to reopen government amid Dem pushback Democrats signal they'll reject Trump shutdown proposal MORE (Ill.) and Sen. Dianne FeinsteinDianne Emiel FeinsteinBuzzFeed story has more to say about media than the president The Hill's Morning Report — Shutdown fallout — economic distress Feinstein grappling with vote on AG nominee Barr 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 McCainOvernight Defense: Trump unveils new missile defense plan | Dems express alarm | Shutdown hits Day 27 | Trump cancels Pelosi foreign trip | Senators offer bill to prevent NATO withdrawal Bipartisan senators reintroduce bill to prevent Trump from withdrawing from NATO Mark Kelly considering Senate bid as Arizona Dems circle McSally 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) ManchinSenate rejects government-wide ban on abortion funding Centrist efforts to convince Trump to end shutdown falter Bipartisan group of senators will urge Trump to reopen government for 3 weeks MORE (W.Va.), Heidi HeitkampMary (Heidi) Kathryn HeitkampOn 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 Gary Cohn criticizes the shutdown: 'Completely wrong' EPA's Wheeler faces grilling over rule rollbacks MORE (N.D.) and Joe DonnellyJoseph (Joe) Simon DonnellyEPA's Wheeler faces grilling over rule rollbacks Some Senate Dems see Ocasio-Cortez as weak spokeswoman for party Senate approves funding bill, preventing partial government shutdown 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 HatchPhRMA CEO 'hopeful' Trump officials will back down on drug pricing move Live coverage: Trump AG pick grilled on Mueller probe at confirmation hearing Trump praises RNC chairwoman after she criticizes her uncle Mitt Romney 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 BluntMcConnell: Senate won't override Trump veto on shutdown fight Senate immigration talks fall apart Emergency declaration option for wall tests GOP 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 CornynTrump tells GOP senators he’s sticking to Syria and Afghanistan pullout  Texas governor, top lawmakers tell Trump not to use hurricane relief funds to build border wall The Hill's Morning Report — Trump’s attorney general pick passes first test 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 CollinsTrump pitches new plan to reopen government amid Dem pushback The Memo: Concern over shutdown grows in Trump World Overnight Defense: Trump unveils new missile defense plan | Dems express alarm | Shutdown hits Day 27 | Trump cancels Pelosi foreign trip | Senators offer bill to prevent NATO withdrawal MORE (Maine) and Lisa MurkowskiLisa Ann MurkowskiTrump pitches new plan to reopen government amid Dem pushback The Memo: Concern over shutdown grows in Trump World Kaine to force Senate to hold rare Saturday session amid shutdown 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 MurraySen. Murray says Washington behavior reminds her of former preschool students Senate rejects government-wide ban on abortion funding Overnight Health Care: Dem chair plans hearing on Medicare for all | Senate GOP talks drug prices with Trump health chief | PhRMA CEO hopeful Trump reverses course on controversial pricing proposal 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 pitches new plan to reopen government amid Dem pushback Democrats signal they'll reject Trump shutdown proposal Dems revive impeachment talk after latest Cohen bombshell 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 LeeHillicon Valley: Trump AG pick signals new scrutiny on tech giants | Wireless providers in new privacy storm | SEC brings charges in agency hack | Facebook to invest 0M in local news AG pick Barr wants closer scrutiny of Silicon Valley 'behemoths' Grassroots political participation is under attack in Utah and GOP is fighting back 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.