Gardner faces a tough reelection race against Democrat John Hickenlooper. Former governor Tweet on friday Pressuring Gardner to “support the commitment he made more than four years ago and to allow the president-elect in November to make that decision.”
While Gardner was under pressure to keep his previous job, another Colorado Senator, Democrat Michael Bennett, changed his position. A spokesman for Bennett said the senator believes the chamber should not confirm new justice before the election or during the lame duck session (the most popular between election and inauguration). In 2016, Bennett urged Republicans to do their job and consider Merrick Garland.
The difference for the Democrats this time is that McConnell’s persistence in 2016 Established a new rule.
However, Bennett told the volunteers over the weekend that if he felt McConnell could do it, he would.
“No amount of persuasion, embarrassment or humiliation will change what he is doing,” he said. “It’s a crude exercise of power.”
This back and forth about who said what and when will go on for weeks. Sandberg said you can call it whatever you want, but he agrees with Bennett that it’s all about power.
He said, “The constitution gives the Senate the right to either confirm or not endorse or not hold hearings for a candidate for the Supreme Court.”
McConnell and the Republicans held this power at the time and they hold it today. They control the Senate 53-47 and Supreme Court nominees are no longer disrupted. In fact, there aren’t many Democrats they can do to stop the process. The only thing that could stop the process is for Republicans to say no. Only Senator Lisa Murkowski is from Alaska and Susan Collins is from Maine Take this position. It is likely that the rest are behind McConnell and Trump.
Democratic Representative Jason Crowe said he called Gardner this weekend to urge him to wait for the president to be sworn in next year.
If that’s President Biden, that’s fine, if it’s President Trump, we’ll deal with that as well. But these are the rules established by the Senate. ”
Crowe got a voicemail.
Trump is also lobbying. On Fox and Friends Monday morningTrump criticized Collins and Morkowski for their stance. He also said that the battle for the vacancies will boost Gardner’s chances.
“I think he will help Corey Gardner,” he said. “He is a great man by the way, and he is very, very loyal to the party and loyal to his country.”
In the end, even if it cost Gardner and other Republican senators in narrow-seat races, the battle may be a better chance than the Republicans miss, Joshua Wilson, a professor of politics at the University of Denver said.
“This just puts such a conservative majority in court that they should dominate the court, because there isn’t a better term, for a few years to come.”
Wilson said the federal judiciary is where the Republican Party is “to build a permanent and isolated bulwark in defense of their interests.”
Some Republicans believe that their voters might also be activated in the final phase of an election. Wilson notes that there is another flip side – it could also energize Democrats and undecided voters, especially as the Supreme Court is expected to rule on Affordable Care Act and other important issues this fall. It’s an easy way to show the court’s importance in this matter.
“You can put it in terms of health care, put it in terms of women’s rights, put it in terms of minority rights, put it in terms of abortion rights. And so, it can be a way to gain influence to get these voters out.”
And that brings us to the other big question – timing. Can the Senate do it quickly?
Trump is not expected to announce a candidate until the end of the week. The Senate was expected to return to their states in the final phase of the campaign.
“You start thinking about all these other demands in an election year a few weeks after the election,” Wilson said. “It is still a difficult task, but it is a major priority for the party.”
Republicans point out that it took only 42 days for Ginsburg’s nomination to be confirmed. For Judge John Paul Stevens, that was only 19 days. But those were very different times.
The confirmation process became a scene. The Congressional Research Service found that it now takes an average of 69 days between nomination and fixation. That could mean post-election assertion – where voters can sweep control of the presidency or the Senate, or both, out of Republican control.