Ketanji Brown Jackson is not only the first Supreme Court justice confirmed under Joe Biden's presidency — but, perhaps, also his last, based on comments Senate Minority Leader Mitch McConnell made today to Axios' Jonathan Swan. Why it matters: During an Axios News Shapers interview, McConnell declined repeatedly to say whether he could commit to holding hearings on any Supreme Court nominee by President Biden if Republicans regain the Senate majority in November and a seat opens in 2023. Between the lines: 2023 is not an election year, and therefore doesn't fit under McConnell's "Merrick Garland" rule. He used that construct to block President Obama's 2016 nomination of Garland by refusing to hold hearings for Supreme Court nominees during an election year in which the opposing party controls the Senate. - What McConnell appears to be at least contemplating — refusing hearings no matter the stage of a presidency — is without precedent in recent American history.
- Asked whether he's developing an argument for not holding hearings if it isn't an election year ... McConnell declined to answer.
If a Majority Leader McConnell does this, it would create a new paradigm: No Supreme Court justice can be allowed a confirmation process — let alone be confirmed — when the opposition party controls the Senate. - The result would be a Supreme Court with an even number of justices.
- And that would create the possibility of a deadlock on any number of issues, such as affirmative action, voting rights and religious liberty — for years.
The bottom line: Swan says, "I've done some difficult interviews over the past few years, including President Trump in the middle of a once-in-a-century pandemic. But McConnell might be the most challenging subject in American politics. - "The Senate minority leader's usual tactic in interviews is to simply refuse to answer questions he doesn't like. He did this repeatedly Thursday. But unlike every other politician I've interviewed, McConnell remains utterly disciplined and refuses to answer, no matter from how many different angles one comes at him."
Keep reading. 📺 Go deeper: Watch the whole 30-minute interview via this link. 🧱 Plus: "Dems seek to preempt McConnell SCOTUS blockade," Axios' Andrew Solender wrote tonight. |
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