Which Republicans Might Support a Biden Nominee for the Supreme Court? Few, if any.

Jan 27, 2022
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WASHINGTON — Given the present degree of political polarization, solely a handful of Senate Republicans are more likely to be in play as potential supporters of President Biden’s first Supreme Courtroom nominee.

Many Republicans within the Senate have, as a matter after all, opposed Mr. Biden’s nominees for seats on the decrease federal courts, portraying them as too liberal. The extraordinary highlight of a Supreme Courtroom nomination — and the significance Republican voters historically place on the court docket — will make drawing assist from throughout the aisle even more durable for the president.

Simply three Republicans — Senators Lindsey Graham of South Carolina, Susan Collins of Maine and Lisa Murkowski of Alaska — voted in June to verify Choose Ketanji Brown Jackson, who is taken into account a front-runner to succeed Justice Stephen G. Breyer, to the U.S. Courtroom of Appeals for the District of Columbia Circuit.

“I believe she’s certified for the job,” Mr. Graham, a senior member of the Judiciary Committee, advised reporters on the time. “She has a distinct philosophy than I do.”

However backing somebody for an appeals court docket submit doesn’t assure the identical degree of assist for a excessive court docket emptiness. A number of senators have voted in opposition to Supreme Courtroom nominees that they had beforehand backed.

Ms. Murkowski, a centrist Republican who’s searching for re-election this 12 months, has beforehand gone her personal approach on excessive court docket nominations, opposing President Donald J. Trump’s selection of Justice Brett M. Kavanaugh in 2018 however backing his nomination of Justice Amy Coney Barrett in 2020. Ms. Collins, one other carefully watched senator on Supreme Courtroom nominations, voted to verify Mr. Kavanaugh however opposed Ms. Barrett.

Assist for top court docket nominees from the other get together of the president has been in regular decline because the partisanship of Supreme Courtroom fights has elevated, together with consideration of nominees for federal judgeships at each degree. Even district court docket nominees, who prior to now had been usually accredited on voice votes, now draw heavy opposition. And Republicans have promised to dig in even deeper this 12 months, after the White Home rejected some Republican suggestions for home-state court docket openings.

As Republicans have lined up in opposition to Mr. Biden’s judicial nominees, get together leaders argue it is just honest to take action given the depth of opposition Democrats confirmed to Mr. Trump’s judicial decisions.

The Senate Judiciary Committee, which is able to contemplate Mr. Biden’s nominee to succeed Mr. Breyer, additionally contains a number of Republican senators thought-about attainable future presidential candidates. These senators, specifically, will wish to attempt to exhibit to Republican voters their views on who ought to — and shouldn’t be — on the excessive court docket.

One issue to be thought-about, although, is Mr. Biden’s pledge to seat the primary Black girl on the excessive court docket. That historic improvement may conceivably affect the votes of Republicans who wish to be counted as supporters of diversifying the court docket.

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