Senate Majority Leader Mitch McConnell says the Senate will vote this fall on new Supreme Court justice to replace the retiring Justice Anthony Kennedy.
The move could set up an epic political battle just ahead of this November’s midterm elections, because Kennedy has traditionally been the swing justice on a number of hot button issues, including abortion.
The Senate majority leader announced the plan Wednesday, shortly after Kennedy informed President Trump he will retire.
“The Senate stands ready to fulfill it’s constitutional role by offering advice and consent on President Trump’s nominee to fill this vacancy,” McConnell said on the Senate floor. “We will vote to confirm Justice Kennedy’s successor this fall.”
McConnell did not specify whether “this fall” would be before or after the election. A new Senate would not be sworn in until January.
Confirming a justice before October would put the new judge in place in time for the next Supreme Court term and mean political warfare just ahead of the elections. Any vote would put vulnerable Democrats running in states Trump carried in 2016 in a difficult spot, torn between siding with their party in opposing the nominee or with their electorates.
McConnell issued a veiled warning to Democrats, who are likely to throw up as many obstacles as they can find to prevent the court from further swinging to the right.
“It’s imperative that the president’s nominee be considered fairly and not subjected to personal attacks,” McConnell said
Trump said Wednesday he would pick Kennedy’s successor from an existing list of 25 names that has already won broad GOP approval.
“Thus far, President Trump’s judicial nominations have reflected a keen understanding of the vital roles that justices play in our constitutional order,” McConnell said.
In the term concluded Wednesday, the Supreme Court, with the addition of Trump nominee Neil Gorsuch, delivered big wins to conservatives related to religious liberty, abortion, and worker rights.
The Senate alone confirms judges and can do so with a simple majority thanks to rule changes put in place by both Democrat and Republican majorities.
The confirmation process will add to an already hectic
schedule.
Lawmakers are aiming to pass spending legislation as well as several important authorizing measures.
The Senate is remaining in session in August to cope with the workload.
McConnell praised Kennedy, hinting at the recent ruling in favor of the Masterpiece Cake Shop owner who did not want to design a cake for a gay wedding.
“We owe him a debt of thanks for his ardent defense of the First Amendment right to political speech,” McConnell said. “As Justice Kennedy concludes his tenure on the court, we wish him, his wife Mary, and their family every happiness in the years ahead.”
