Romney backs pre-election Supreme Court vote, paving way for McConnell, Trump

Sen. Mitt RomneyWillard (Mitt) Mitt RomneyGrassley to vote against Tanden nomination The Hill's Morning Report - Presented by The AIDS Institute - Ahead: One-shot vax, easing restrictions, fiscal help Haley isolated after Trump fallout MORE (R-Utah) signaled on Tuesday that he is open to confirming a Supreme Court nominee this year, solidifying GOP support for Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellMinimum wage setback revives progressive calls to nix Senate filibuster Schiff sees challenges for intel committee, community in Trump's shadow McConnell says he'd back Trump as 2024 GOP nominee MORE's (R-Ky.) vow to hold a vote on President TrumpDonald TrumpDonald Trump Jr. calls Bruce Springsteen's dropped charges 'liberal privilege' Schiff sees challenges for intel committee, community in Trump's shadow McConnell says he'd back Trump as 2024 GOP nominee MORE's nominee.

“The Constitution gives the President the power to nominate and the Senate the authority to provide advice and consent on Supreme Court nominees. Accordingly, I intend to follow the Constitution and precedent in considering the President’s nominee. If the nominee reaches the Senate floor, I intend to vote based upon their qualifications," Romney said in a statement.

Romney's decision is a blow to Senate Democrats and a boon to McConnell, with both sides watching him closely as a potential swing vote on bringing up whomever Trump nominates to fill the late Justice Ruth Bader GinsburgRuth Bader GinsburgMcConnell backs Garland for attorney general A powerful tool to take on the Supreme Court — if Democrats use it right Fauci says he was nervous about catching COVID-19 in Trump White House MORE's seat just weeks before a presidential election.


McConnell has essentially locked down support within his 53-member caucus to move a Supreme Court nominee this year, laying the groundwork for an explosive fight that critics warn could lead to an overhaul of the Senate. McConnell has not said if he will try to move a nomination before or after the election.

Sen. John ThuneJohn Randolph ThuneCruz hires Trump campaign press aide as communications director Senate GOP works to avoid having '22 war with Trump Passage of the John Lewis Voting Rights Advancement Act is the first step to heal our democracy MORE (R-S.D.), McConnell's No. 2, said on Tuesday after Romney's announcement that he personally supports moving Trump's nominee before the election, but the decision on timing will need to be discussed with the caucus during a closed-door lunch later Tuesday

“Speaking for me personally? Yes. I think it would be a good idea for us to move forward. But obviously we have a lot of different members who might have different positions. We’ll get an assessment of that. At least we’re hearing from everybody, everybody wants to move forward," Thune said. 

Thune added that leadership has been talking with members since Friday night.

"I think people are very supportive of the idea of moving forward. In terms of the timing, that’s still up in the air," he said.

With 53 members, Republicans could lose three senators and still let Vice President Pence break a tie on a Supreme Court nomination. If Pence breaks a tie, that would be the first time a vice president has had to weigh in on a Supreme Court pick.


So far only two GOP senators have said they do not support moving a nomination before the Nov. 3 election: Sens. Susan CollinsSusan Margaret CollinsHouse passes sweeping protections for LGBTQ people Grassley to vote against Tanden nomination Klain on Manchin's objection to Neera Tanden: He 'doesn't answer to us at the White House' MORE (Maine) and Lisa MurkowskiLisa Ann MurkowskiWashington Post denounces abuse of reporter Grassley to vote against Tanden nomination Mean tweets may take down Biden nominee MORE (Alaska).

To stop McConnell successfully, Democrats will need four GOP senators to side against him, an uphill battle given the growing partisanship over the courts, which is a top issue for the Republican base.

And the pool of GOP senators who could side with Democrats on the process argument appears to have closed. Several Republicans considered vulnerable this fall, including Sens. Cory GardnerCory GardnerBiden administration reverses Trump changes it says 'undermined' conservation program Gardner to lead new GOP super PAC ahead of midterms OVERNIGHT ENERGY: Court rules against fast-track of Trump EPA's 'secret science' rule | Bureau of Land Management exodus: Agency lost 87 percent of staff in Trump HQ relocation | GM commits to electric light duty fleet by 2035 MORE (Colo.) and Joni ErnstJoni Kay ErnstBill to shorten early voting period, end Election Day early in Iowa heads to governor's desk We know how Republicans will vote — but what do they believe? The Hill's Morning Report - Presented by TikTok - Senate trial will have drama, but no surprise ending MORE (Iowa), have signaled they are on board with McConnell's plan, though they've said that they will make a decision on confirmation once Trump nominates a judge.

Republicans have a matter of weeks if they want to confirm Trump’s nominee before the election. The president isn’t expected to name his pick until Saturday, which will be 38 days before Nov. 3. According to the Congressional Research Service, the average number of days from nomination to final Senate vote is 69.6. 

But there are vocal supporters within the caucus of getting Trump’s nominee through the Senate before November, and risks to waiting until the lame-duck session, which would raise new questions if Republicans lose the Senate majority or Democratic nominee Joe BidenJoe BidenBiden 'disappointed' in Senate parliamentarian ruling but 'respects' decision Taylor Swift celebrates House passage of Equality Act Donald Trump Jr. calls Bruce Springsteen's dropped charges 'liberal privilege' MORE wins the White House. 

“I've seen this move before. It's not going to work. ... We've got the votes to confirm Justice Ginsburg's replacement before the election,” Senate Judiciary Committee Lindsey GrahamLindsey Olin GrahamJohn Boehner tells Cruz to 'go f--- yourself' in unscripted audiobook asides: report Parliamentarian nixes minimum wage hike in coronavirus bill McConnell says he'd back Trump as 2024 GOP nominee MORE (R-S.C.) told Fox News on Monday night.

Romney had been expected to wait until after the closed-door caucus lunch to make his decision ahead of announcing his decision.

But the former governor told reporters on Tuesday morning that he had spoken to a number of his colleagues.

"I recognize that we may have a court that has more of a conservative bent ... but my liberal friends have, over many decades, gotten very used to the idea of having a liberal court and that's not written in the stars," he said.

Romney declined to talk about hypotheticals, including how he would handle a Supreme Court nominee during a lame-duck if Democrats win back the majority in November or if Biden takes the White House.

Democrats have accused Republicans of hypocrisy for being willing to move Trump's forthcoming nominee weeks before the election when they refused to move then-President Obama's final Supreme Court nominee, Merrick GarlandMerrick Brian GarlandThe Hill's Morning Report - Presented by The AIDS Institute - Finger-pointing on Capitol riot; GOP balks at Biden relief plan McConnell backs Garland for attorney general Biden can redeem checkered past and regenerate hope for millions with criminal justice reform MORE, months before the 2016 election.

Republicans have argued, and Romney appeared to agree on Tuesday, that the difference between divided government between the Senate and White House in 2016 and unified control of the Senate and the White House in 2020 is a key distinction.

“My decision regarding a Supreme Court nomination is not the result of a subjective test of ‘fairness’ which, like beauty, is in the eye of the beholder. It is based on the immutable fairness of following the law, which in this case is the Constitution and precedent. The historical precedent of election year nominations is that the Senate generally does not confirm an opposing party’s nominee but does confirm a nominee of its own," Romney said in his statement.

Senate Minority Leader Charles SchumerChuck SchumerHillicon Valley: Biden signs order on chips | Hearing on media misinformation | Facebook's deal with Australia | CIA nominee on SolarWinds House Rules release new text of COVID-19 relief bill Budowsky: Cruz goes to Cancun, AOC goes to Texas MORE (D-N.Y.) ripped into Republicans and Trump from the Senate on floor on Tuesday, arguing that they were violating the “McConnell rule,” after refusing to give Garland a hearing or a vote.

"Leader McConnell has defiled the Senate like no one in this generation, and Leader McConnell may very well destroy it,” Schumer said. 

Updated at 10:56 a.m.