According to a former adviser to President Barrack Obama, there is no reason why Democrats shouldn't adopt legislative maneuvers used by Senate Minority Leader Mitch McConnell (R-KY) in their efforts to fill retiring Supreme Court Justice Stephen Breyer's seat on the highest court of the land.
In a column for the New York Times, political strategist Stephanie Cutter told Democrats to not panic just because Republicans will inevitably try to put up roadblocks to President Joe Biden's nominee to the bench because they have McConnell's "playbook" to work from.
Cutter, who helped pave the way for Justice Sonia Sotomayor's rise to the court, began by explaining, "Thanks to President Donald Trump and the former Senate majority leader Mitch McConnell, there is a new set of rules in place for Supreme Court nominations that all but guarantees Democrats will succeed."
With that in mind, she wrote that all it will take is for Democrats to be on the same page and use their 50 seats in the Senate with Vice President Kamala Harris's tie-breaking vote to override GOP objections.
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"Over Mr. Trump’s term, Republicans distilled the Supreme Court nomination process to pure politics. Instead of spending weeks scrutinizing a nominee’s rulings and parsing legal intricacies for potential hearing questions, they simply rubber-stamped Mr. Trump’s picks," she wrote before recalling how Amy Coney Barrett was rushed through.
"Within minutes of the president’s nomination of Judge Barrett, Republican senators began to declare their support for her. Thirty-eight days after Justice Ginsburg died, her successor was confirmed. The process exemplified one of the defining features of the modern Republican Party: its laser focus on the judiciary and its extraordinary discipline in filling seats when its members control the Senate — or blocking confirmations when they do not," Cutter explained. "While some Senate institutionalists may disagree with this new normal, we would be foolish not to understand it. Qualifications are critical and must be verified. But speed is also essential. Democrats should take a page from Mr. McConnell’s book and move as quickly as possible. Senators who stoke suspense over how they will vote only create fodder for the news media to focus on divisions among Democrats, rather than on the Republicans who are already laying the groundwork to oppose this historic pick."
According to Cutter, Biden should make his pick as soon as possible and Democratic senators need to fall in line.
"With Vice President Kamala Harris’ vote, Democrats now have the seats they need to confirm a new justice. Despite the new Senate rules being in their favor, Democrats need to eliminate all possible roadblocks. President Biden and Senator Chuck Schumer, the majority leader, have been extremely successful in holding Democrats together to approve a diverse set of judicial appointments, setting a record by confirming 42 in the president’s first year. That’s a sign that Democrats have a winning strategy for filling court seats," she wrote before warning Democratic lawmakers, "Let’s not overthink this."
"An overly deliberative process would add nothing in an environment this toxic and divisive," she suggested. "Moving fast isn’t just a defensive move. It can also help rally the nation. We know that Mr. Biden has committed to nominating the first Black woman to the court. As for any nominee, her qualifications will lead the way."
With Biden expected to pick a Black woman, Cutter noted the nominee will " instantly become a historic figure."
"Every woman known to be a contender has a rich story to tell and will set a powerful example for generations of Americans to come. Let’s hurry up and introduce her, and get her ready to join the court," she advised.
You can read more here.