Sen. Tom Udall, D-N.M., proposed Monday that President Trump should nominate Judge Merrick Garland to the Supreme Court if another vacancy opens up on the bench this year, and have him and Judge Neil Gorsuch voted on simultaneously.
Udall said he raised his idea in a meeting he had with Gorsuch on Monday morning, and told reporters that Trump could prove himself to be the ultimate dealmaker with this maneuver and could help in his mission to unify the country.
“I didn’t ask for a comment from him on any on this,” Udall said. “Have a simultaneous vote. Have a simultaneous process.”
Udall didn’t say explicitly that Democrats would accept the confirmation of both as part of a political compromise, but did suggest it could work out that way.
“How would that happen?” Udall asked. “The president of the United States can visit privately with Supreme Court justices that would be interested in retiring … If one of those judges decided that they would be willing to retire upon and would agree to that, then they would submit a resignation letter contingent on the approval of Merrick Garland as their replacement. That’s, to me, presidential leadership.”
He also pushed back on the idea that the court is a nonpolitical entity, pointing to moves that Lyndon Johnson made on the court during his presidency.
“Some people say, ‘Well, you know the court doesn’t like to get into politics,'” Udall said. “It can all be done, I think, in however this president wants to do it. He’s put himself out there. He’s got a book, highly acclaimed in terms of ‘The Art of the Deal.’ This is a deal that makes sense for the country. This is a deal that heals the real deep wounds we’ve had in this elections.”
“It’s just an idea,” Udall added later on. “I threw it out to them. I throw it out to you.”
Rumors have swirled around a potential vacancy coming up this summer, potentially involving Justice Anthony Kennedy, 80. At the moment there are two other justices on the court aged 78 or older — Kennedy, Justice Ruth Bader Ginsburg, 83, and Justice Stephen Breyer, 78.
Udall declined to say what the chances are of this happening, pointing out that he has not discussed this idea with anyone outside of his fellow senators and the press. He added that Gorsuch and his team did not comment on his idea during the meeting.
Udall indicated that he is open-minded regarding Gorsuch’s nomination, but said he is still in the “early stages” of the process and wants to read over his opinions more before his March 20 hearing. He did point out some worries he had about Gorsuch, including on his support for giving federal agencies deference when they interpret federal law, and the Citizens United ruling.
