Democrats left with little power to block Trump’s supreme court nominee

Justice Anthony Kennedy, first nominated to the high court by President Reagan and confirmed in 1988, will retire as associate justice effective 31 July.

Facing a battle over the supreme court seat vacated by Anthony Kennedy, Senate Democrats continued on Thursday to look for ways to fight. They found few options.

Recent changes to Senate rules mean that a simple majority vote is required for a supreme court nominee to advance. Democrats have 49 of 100 seats in that chamber. The absence of John McCain due to ill health means they will need to win over at least one Republican to block any nominee, while holding their caucus together. Neither task will be easy.

Donald Trump’s chosen replacement for Kennedy is likely to shift the balance of the court significantly to the right. The president has long said he will choose from a list of 25 candidates vetted by conservative groups. The list, which features federal appellate judges with sterling résumés, has raised concern among Democrats on ideological grounds. In an interview with MSNBC on Thursday, the Connecticut senator Richard Blumenthal went so far as describe the potential nominees as “rightwing fringe ideologues”.

The two most likely Republican targets to oppose any such nominee are moderates, Susan Collins of Maine and Lisa Murkowski of Alaska. Both support abortion rights and voted against repealing the Affordable Care Act (ACA), popularly known as Obamacare, in 2017. Any conservative replacement for Kennedy would be thought likely to vote to overturn Roe v Wade, the 1973 ruling that guarantees a woman’s right to abortion, and against remaining provisions of the ACA. Among Democratic leadership, Collins and Murkowski are considered potentially gettable.

Senator Chuck Schumer: ‘Our Republican colleagues in the Senate should follow the rule they set in 2016, not to consider a supreme court nominee in an election year.’
Senator Chuck Schumer: ‘Our Republican colleagues in the Senate should follow the rule they set in 2016, not to consider a supreme court nominee in an election year.’ Photograph: Chip Somodevilla/Getty Images

Holding the Democratic caucus together, however, will not be easy. On Wednesday, for example,…

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.