Contribute
CONNECT:

research

Senate Dems’ High Court Hypocrisy

- July 11, 2018

Red State Senate Democrats Are Stuck Between A Rock And A Hard Place On The Nomination Of Judge Kavanaugh


TOP TAKEAWAYS

  • Moments after (and even before) he was announced as the nominee, many Senate Democrats declared opposition to Judge Brett Kavanaugh's nomination to replace Justice Anthony Kennedy on the Supreme Court.
    • Immediately after Judge Kavanaugh was announced, Senate Minority Leader Chuck Schumer (D-NY) urged all his colleagues to join him in blocking the nominee, stating "I will oppose Judge Kavanaugh's nomination with everything I have, and I hope a bipartisan majority will do the same."
    • Even before the nominee was announced, Senator Bob Casey (D-PA) announced his opposition to whoever President Trump would pick.
  • Some Senate Democrats have even claimed a hearing or vote on Judge Kavanaugh should not be held until after the midterm elections.
  • Democrat leadership's staunch opposition to Judge Kavanaugh is putting red-state Senate Democrats in a very difficult spot.
  • These Democrats should be reminded that Justice Elena Kagan was nominated to the Supreme Court in May 2010, a midterm election year, and was confirmed with the support of all but one Senate Democrat that August.
    • Senator Bill Nelson (D-FL) voted for the confirmation of Kagan for Associate Justice of the United States Supreme Court.
    • Senator Claire McCaskill (D-MO) voted for the confirmation of Kagan for Associate Justice of the United States Supreme Court.
    • Senator Jon Tester (D-MT) voted for the confirmation of Kagan for Associate Justice of the United States Supreme Court.
  • Red state Democrats must now decide whether they are going to follow the Democratic Party's orders to obstruct or follow their constituent's wishes.
    • 57 percent of Missourians want Senator Claire McCaskill to confirm President Trump's appointment.
    • 68 percent of North Dakotans want Senator Heidi Heitkamp (D-ND) to confirm President Trump's appointment.
    • 59 percent of West Virginians want Senator Joe Manchin (D-WV) to confirm President Trump's appointment.

DEMOCRATS ARE ATTEMPTING TO BLOCK JUDGE BRETT KAVANAUGH'S NOMINATION TO THE SUPREME COURT FOR PURELY POLITICAL REASONS

Despite Red State Democrats Facing "Really Tough Election Years", At Least One Has Signaled They Intend To Follow Senator Chuck Schumer's Obstructionism

On July 9, President Trump Announced His Selection Of Judge Brett Kavanaugh To Be Selection To Be His Second Supreme Court Justice. "President Trump announced his selection of Judge Brett Kavanaugh to be his second Supreme Court justice Monday night. Speaking in the East Room of the White House, the president said that what mattered to him was 'not a judge's political views, but whether they can set aside those views to do what the law and the Constitution require.'" ("Judge Brett Kavanaugh Named Trump's Second Supreme Court Justice - Live Updates," CBS News , 7/10/18)

Democrats Immediately Voiced Opposition, With Senator Chuck Schumer (D-NY) Saying He Would "Oppose Judge Kavanaugh's Nomination With Everything He Has." "Democrats and Republicans in the Senate - along with their deep-pocketed allied outside groups - laid out the case for and against the confirmation of Brett Kavanaugh within minutes of President Donald Trump's announcement that he had selected the federal appeals court judge to fill the Supreme Court vacancy. 'I will oppose Judge Kavanaugh's nomination with everything I have, and I hope a bipartisan majority will do the same,' Senate Democratic Leader Charles Schumer of New York said in a statement. 'The stakes are simply too high for anything less.'" (Deirdre Shesgreen, "Schumer Vows To Fight Trump SCOTUS Nominee 'With Everything I Have,'" USA Today , 7/9/18)

Red State Democrats Now "Must Decide Whether They Are Jeopardizing Their Political Careers By Opposing [Judge Kavanaugh]." "It may soon become difficult to determine who sits in the hotter seat: U.S. President Donald Trump's Supreme Court nominee Brett Kavanaugh or Senate Democrats from conservative states who must decide whether they are jeopardizing their political careers by opposing him." (James Oliphant, "Trump's Supreme Court Pick Tests Vulnerable Senate Democrats," Reuters , 7/9/18)

  • Senate Democrats, Such As Joe Donnelly (D-IN), Joe Manchin (D-WV), And Bill Nelson (D-FL), Face "Tough Choices Ahead" Because They Are "Running In States With A Rough Path To Re-Election." WASHINGTON POST'S ROBERT COSTA: "It's complicated for the Democrats, especially those running in states won by President Trump in 2016. If you're Senator Joe Donnelly of Indiana, Senator Joe Manchin of West Virginia, or even Bill Nelson, a Democrat in Florida, tough choices ahead because you realize you're running in states with a rough path to re-election." (MSNBC's "The 11th Hour With Brian Williams," 7/9/18)
  • CNN's Dana Bash Stated That "It Is Going To Be Harder For Red-State Democrats In Really Tough Re-Election Battles To Vote Against [Judge Kavanaugh]." CNN'S DANA BASH: "Obviously, before we get to all of this, we have to see the vote. The confirmation hearings and the vote. One thing I wanted to throw in here is there's been a lot of discussion about the reality of the razor-thin majority that the Republicans have in the Senate. They basically have one vote, which means one to spare. They have to rely, or they hope to rely on red-state Democrats to give them a little bit of comfort with their margin. I've been talking to sources tonight who say with this pick, it is going to be harder for red-state Democrats in really tough re-election battles to vote against him." (CNN's " CNN Tonight With Don Lennon ," 7/9/18)

Click Here To Watch

A "Substantial Majority" Of Americans In Florida, Indiana, Missouri, North Dakota, And West Virginia Want A SCOTUS Nominee Confirmed. "POLL: Substantial majorities in key Senate battleground states want new SCOTUS nominee confirmed (via the Tarrance Group & SBA) -->" (Guy Benson, Twitter Feed , 7/10/18)

Senator Casey Announced His Opposition To The Nomination Even Before The Name Of The Nominee Was Revealed

Before President Trump Even Announced His Supreme Court Nominee, Senator Bob Casey (D-PA) Tweeted He Would "Oppose The Nomination The President Will Make Tonight." "I will oppose the nomination the President will make tonight because it represents a corrupt bargain with the far Right, big corporations, and Washington special interests." (Senator Bob Casey, Twitter Feed , 7/9/18)

DESPITE DEMOCRATIC QUALMS ABOUT CONFIRMING A JUSTICE BEFORE MIDTERM ELECTIONS, RED STATE DEMS VOTED TO CONFIRM JUSTICE ELENA KAGAN IN 2010

Following The Announcement Of Justice Kennedy's Retirement, Senate Democrats Insisted The Senate Should Not Hold A Hearing Or Vote On A Nominee Until After The Midterm Elections

Senator Schumer Advocated For Not Voting For A Supreme Court Nominee During An Election Year. SEN. CHUCK SCHUMER (D-NY): "This is the most important Supreme Court vacancy for this county in at least a generation. Our Republican colleagues in the Senate should follow the rule they set in 2016 not to consider a Supreme Court Justice in an election year." (Sen. Chuck Schumer, Remarks On The Senate Floor, Washington, D.C., 6/27/18)

Senate Minority Whip Dick Durbin (D-IL) Said Republicans Should Wait Until January To Confirm The Successor To Justice Kennedy. "Senate Democratic Whip Dick Durbin (Ill.) says that Republicans should wait until January to confirm the successor to retiring Supreme Court Justice Anthony Kennedy, a frequent swing vote on the court." (Alexander Bolton, "Durbin: Supreme Court Confirmation Should Wait Until After Election," The Hill , 6/27/18)

Senator Bob Casey (D-PA) Said The Senate "Should Only Consider [A Supreme Court] Nomination When a New Senate Is Seated In January." "'Majority Leader McConnell once said that 'the American people should have a voice in the selection of their next Supreme Court justice,' so he should ensure that's the case and follow his own rule. The Senate should only consider this nomination when a new Senate is seated in January.'" (Press Release, "Casey: Wait Until After Election For Supreme Court Confirmation, Abandon Any Nominee From Far-Right List," Sen. Bob Casey , 6/27/18)

Senator Bill Nelson (D-FL) Tweeted "I Believe The American People Should Be Given A Chance To Express Their Views In The Upcoming Election, Before The Senate Exercises Its Constitutional Duty." "Justice Kennedy was a balanced, consensus candidate nominated by President Reagan. I expect President Trump to do the same. I believe the American people should be given a chance to express their views in the upcoming election, before the Senate exercises its constitutional duty." (Sen. Bill Nelson, Twitter Feed , 6/27/18)

Senator Bob Menendez (D-NJ) Tweeted "We Should NOT Vote To Confirm A Lifetime Appointment To The Supreme Court And Change The Country For Decades When In Just 131 Days Americans Will Go To The Polls To Decide What Direction They Want The Country To Go In." "We should NOT vote to confirm a lifetime appointment to the Supreme Court and change the country for decades when in just 131 days Americans will go to the polls to decide what direction they want the country to go in. A more reasoned debate would happen next year.#SaveSCOTUS" (Sen. Bob Menendez, Twitter Feed , 6/28/18)

However, Justice Kagan Was Nominated To The Supreme Court In May 2010, A Midterm Election Year, And Was Confirmed With The Support Of Red State Dems In August

On May 10, 2010, Elena Kagan Was Nominated To The Supreme Court By Former President Barack Obama. ("PN1768," Congress.gov , Accessed 7/10/18)

On August 5, 2010, The U.S. Senate Confirmed Kagan For Associate Justice Of The United States Supreme Court. (PN1768, Roll Call Vote #229 , Nomination Confirmed 63-37, 8/5/10)

  • Only One Senate Democrat Voted Against Kagan's Nomination. (PN1768, Roll Call Vote #229 , Nomination Confirmed 63-37, 8/5/10)

  • Kagan Was Confirmed 90 Days Before The 2010 Midterm Elections. ("Days Calculator," Time And Date , Accessed 7/11/18)

On August 5, 2010, Senator Claire McCaskill (D-MO) Voted For The Confirmation Of Kagan For Associate Justice Of The United States Supreme Court. (PN1768, Roll Call Vote #229 , Nomination Confirmed 63-37, 8/5/10, McCaskill Voted Yea)

On August 5, 2010, Senator Nelson Voted For The Confirmation Of Kagan For Associate Justice Of The United States Supreme Court. (PN1768, Roll Call Vote #229 , Nomination Confirmed 63-37, 8/5/10, Nelson Voted Yea)

On August 5, 2010, Senator Sherrod Brown (D-OH) Voted For The Confirmation Of Kagan For Associate Justice Of The United States Supreme Court. (PN1768, Roll Call Vote #229 : Nomination Confirmed 63-37: R 5 - 36, D 57 - 1, I 1- 0, 8/5/10, Brown Voted Yea)

On August 5, 2010, Senator Debbie Stabenow (D-MI) Voted For The Confirmation Of Kagan For Associate Justice Of The United States Supreme Court. (PN1768, Roll Call Vote #229 : Nomination Confirmed 63 - 37: R 5 - 36, D 57 - 1, I 1- 0, 8/5/10, Stabenow Voted Yea)

On August 5, 2010, Senator Jon Tester (D-MT) Voted For The Confirmation Of Kagan For Associate Justice Of The United States Supreme Court . (PN1768, Roll Call Vote #229 : Nomination Confirmed 63-37: R 5-36; D 56-1; I 2-0, 8/5/10, Tester Voted Yea)

On August 5, 2010, Senator Casey Voted For The Confirmation Of Kagan For Associate Justice Of The United States Supreme Court . (PN1768, Roll Call Vote #229 ; Confirmed 63-37, R 5-36: D 56-1; I 2-0, 8/5/10, Casey Voted Yea)

Further Highlighting The Democratic Party's Hypocrisy, Democrats Once Decried Leaving A Supreme Court Seat Vacant Because It "Undermines #SCOTUS"

In 2016, Senator Casey Tweeted "Congress Is Back, Can We Finally Get A Hearing And A Vote On @SCOTUSNom? #WeNeedNine #DoYourJob." " .@SenateGOP Congress is back, can we finally get a hearing and a vote on @SCOTUSnom? #WeNeedNine #DoYourJob" (Sen. Robert Casey, Twitter Feed , 9/7/16)

In 2016, Senator Stabenow Tweeted "I Agree With The @NYTimes Ed Board: Every Day That Passes Without A Ninth Justice Undermines #SCOTUS." "I agree with the @NYTimes Ed Board: every day that passes without a ninth justice undermines #SCOTUS. #DoYourJob" (Sen. Debbie Stabenow, Twitter Feed , 5/17/16)

In 2017, Senator Joe Manchin (D-WV) Said That Here Has To Be Nine Justices On The Supreme Court "Unless You Don't Want A Functioning Judicial Branch." SEN. JOE MANCHIN (D-WV): "Now unless you don't want a functioning Judicial Branch and the Judicial Branch can function with eight members. It has to have nine on the Supreme Court." (Senator Joe Manchin, Remarks At The Washington Post's "Discussion On The First 100 Days," 3/22/17)

Manchin Said "If You Want The Third Branch Of Government To Work, Then You've Got To Have A Nine-Member Supreme Court." "The West Virginia senator said for the Supreme Court to function as designed, lawmakers must prioritize filling the seat left vacant following Justice Antonin Scalia's death last year. 'If you want the third branch of government to work, then you've got to have a nine-member Supreme Court, so if Republicans did something and now Democrats are going to do something, two wrongs don't make a right,' he said." (Eugene Scott, "Democratic Senator: I Want To Sit Down With Neil Gorsuch," CNN , 2/1/17)

In 2016, Senator Baldwin Called On Her Colleagues "To Join Together On Behalf Of The American People To Fulfill Our Constitutional Obligation Of Restoring The U.S. Supreme Court To Its Full Strength." "The American people deserve better than a long-term vacancy that could jeopardize the administration of justice across our whole country. So I call on my colleagues to join together on behalf of the American people to fulfill our constitutional obligation of restoring the U.S. Supreme Court to its full strength. (Senator Tammy Baldwin, Congressional Record , 3/14/16, p. S1447)


Previous post

2020 Democrats’ Supreme Obstruction

Next post

President Trump’s Pick For The High Court Wins High Praise
Republican National Committee

Connect With Us

Republican National Committee
Chairwoman Ronna McDaniel
News & Videos
  • 310 First Street SE, Washington, DC 20003
  • 202-863-8500

By providing your phone number, you are consenting to receive calls and SMS/MMS msgs, including autodialed and automated calls and texts, to that number from the Republican National Committee. Msg&data rates may apply. Terms & conditions/privacy policy apply 80810-info.com.

Paid for by the Republican National Committee. Not Authorized By Any Candidate Or Candidate's Committee. www.gop.com

By providing your phone number, you are consenting to receive calls and SMS/MMS msgs, including autodialed and automated calls and texts, to that number from the Republican National Committee. Msg&data rates may apply. Terms & conditions/privacy policy apply 80810-info.com.

Paid for by the Republican National Committee.
Not Authorized By Any Candidate Or Candidate's Committee. www.gop.com