McConnell Defends Biden’s Move To Nominate Black Woman To Supreme Court—Breaking With Some GOP Senators

Topline

Senate Minority Leader Mitch McConnell (R-Ky.) said Tuesday he finds nothing wrong with President Joe Biden’s pledge to nominate a Black woman to fill an upcoming open seat on the Supreme Court, despite some members of his party vocally opposing the president’s precondition.

Key Facts

McConnell said at an event in Lexington, Kentucky, Tuesday he did not find Biden’s vow “inappropriate,” likening it to when former presidents Ronald Reagan and Donald Trump promised to put women on the Supreme Court.

Several GOP senators have said they disagree with Biden’s move, and unlike other points of contention in the party, such as accepting the results of the 2020 presidential election, the view crosses ideological lines.

Right-wing firebrand Sen. Ted Cruz (R-Texas), who objected to the 2020 election results, has been joined by more establishment conservatives like Sen. Roger Wicker (R-Miss.) and Sen. John Cornyn (R-Texas), along with moderate Sen. Susan Collins (R-Maine), in criticizing Biden’s mandate for his nominee.

McConnell’s comments Tuesday align him with a handful of senators who have pushed back on the opposition, including Sen. Lindsey Graham (R-S.C.) and Sen. Lisa Murkowski (R-Alaska), who’s said she’d be “honored” to confirm the first Black woman to the court.

Crucial Quote

“Honestly, I did not think that was inappropriate,” McConnell said of Biden’s pledge. “So I’m not complaining about that.”

Key Background

Biden has set a deadline for the end of February to name his nominee to replace Justice Stephen Breyer, who announced late last month he plans to retire after 25 years on the Supreme Court. Democrats appear united in backing whichever candidate Biden chooses, which would be enough support to confirm the nominee given Democrats hold the majority in the Senate. The 60-vote threshold to break the filibuster, which has been the death knell for so many Democratic legislative priorities, does not exist in the Supreme Court confirmation process. Some top Republicans also think it would be unwise to mount serious pushback against the nominee, since the ideological makeup of the court is not changing and there are concerns about the optics of opposing the first Black female nominee to the court ahead of the midterms.

What To Watch For

D.C. Circuit Judge Ketanji Brown Jackson, South Carolina U.S. District Court Judge J. Michelle Childs and California Supreme Court Justice Leondra Kruger are widely considered the most likely choices for Biden’s nominee. Political betting website PredictIt puts Jackson as the overwhelming favorite to get the nod, giving her a better than 60% chance of being nominated.

Further Reading

Cruz joins Republicans slamming Biden’s vow to name a Black woman to Supreme Court, calling it ‘offensive’ (ABC News)

Will Biden’s Supreme Court Nominee Get GOP Support? Here’s What Republicans Are Saying So Far (Forbes)

Stephen Breyer To Retire: Supreme Court Justice’s Exit Opens A Seat For Biden—And A Political Battle (Forbes)

Top Republicans leery of major Supreme Court fight as some conservatives itch for battle (CNN)