For Republicans, The Real Question Is Why Wouldn’t They Fill That Supreme Court Seat?

WASHINGTON ― As Democrats demand explanations on how Republicans can push forward with a Supreme Court nomination with the election just weeks away, Republicans have a different question: Why wouldn’t they?

Republicans generally and Senate Majority Leader Mitch McConnell in particular made filling the federal judiciary with as many conservative judges as possible a priority years ago. They even made then-candidate Donald Trump agree to this as a condition of their support in 2016.

Today, with Trump in danger of losing reelection in six weeks and Republicans in danger of losing their Senate majority, many in the party see this as a now-or-possibly-never opportunity.

“They could have this very good thing if they act now. If they wait, they may not. So, act now,” said Amanda Carpenter, once a top aide to Sen. Ted Cruz (R-Texas).

Terry Sullivan, a GOP consultant who ran Sen. Marco Rubio’s 2016 presidential campaign, said that focusing on the high court also takes the attention off of other things. “My sense is that every smart political operative knows that if this election is about coronavirus or Trump, Republicans will lose big. And the absolute best way to change the narrative and distract the media and liberals is make it about this.”

Beyond the obvious benefits of moving quickly is the danger that even if Trump were to win on Nov. 3, the fact that he would never again need Republican support or face the voters could make him an uncontrollable wild card.

“The Republican Party has to confirm this judge now…. If Trump wins reelection, all his appointments to the courts, the Cabinet or otherwise will adhere to the Bill Barr loyalty standard,” said Rick Tyler, who worked on Cruz’s 2016 presidential bid. He added that he wouldn’t put it past Trump to nominate his own daughter. “Why not put a true loyalist on the court? Actually, Ivanka would be the perfect pick.”

Installing young judges, pre-screened and pre-approved by the...

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