On Monday, Sen. Joe Manchin (D-WV) raised eyebrows after appearing to tell CNN congressional correspondent Manu Raju that he would oppose any effort to fill a hypothetical second Supreme Court vacancy if it were to emerge immediately before the 2022 midterm election — citing his opposition to filling the late Justice Ruth Bader Ginsburg's seat with mere weeks to go before the 2020 election.
"I'm not going to be hypocritical on that," he said.
The remark caused anger from some commenters on social media, who noted that Manchin himself voted to confirm Justice Brett Kavanaugh with a month to go before the 2018 midterm elections, despite multiple allegations against him of sexual misconduct — although the actual vacancy opened up several months beforehand.
Manchin told me he\u2019d oppose filling a SCOTUS vacancy if one were to arise shortly before \u201822 election. Said he\u2019d be opposed if it happened on similar time frame as when RBG died, and then ACB was confirmed about a week before election \n\n"I'm not going to be hypocritical on that.\u201d— Manu Raju (@Manu Raju) 1644877165
Less than an hour later, however, the West Virginia Democrat appeared to backtrack from his comment, telling Raju that he "misspoke" and only meant a vacancy opening up immediately before a presidential election, not a midterm election — although, Raju noted, the question posed to Manchin had been about midterm elections.
Manchin later he says he \u201cmisspoke\u201d and was referring to a confirmation vote right before (a week or two) a presidential election. Not midterm election. Initial question was about midterm election— Manu Raju (@Manu Raju) 1644879256
None of these hypotheticals apply to the current vacancy created by the retiring Justice Stephen Breyer, which, according to Manchin, Democrats are handling appropriately.
President Joe Biden has pledged to nominate the first Black woman to serve on the Supreme Court. Top candidates reportedly include D.C. Appellate Judge Ketanji Brown Jackson, California Supreme Court Justice Leondra Kruger, and South Carolina District Judge J. Michelle Childs.
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