But McConnell turned his back on his own made-up rule with a Republican in the White House. This Republican hypocrisy led to an absurd spectacle on Sunday talk shows of lawmakers and officials trying to explain away their own disingenuousness. The GOP will not care, however, since this pick will likely enshrine a decades-long conservative majority with the capacity to shape vast areas of American life — from voting and gender rights to environmental regulation and big business matters. The court could also become a thorn in the side of future Democratic presidents.
Trump reveled in his opportunity to nominate his third Supreme Court Justice at a rally in North Carolina on Saturday night. “It will be a woman, a very talented, very brilliant woman,” Trump said. “I haven’t chosen yet, but we have numerous women on the list.”
Biden seized on McConnell’s gall in an effort to make the case that Republicans who won the presidency despite losing the popular vote are embarked on an extreme power grab and must be reined in.
“Don’t go there,” Biden said Sunday, directly appealing to GOP senators. “Uphold your constitutional duty, your conscience, let the people speak. Cool the flames that have been engulfing our country. We can’t keep rewriting history.”
The exact dynamics inside the Senate GOP will become more clear later this week as the chamber returns to work and members gather for their policy lunch.
Worsening pandemic complicates Trump’s reelection push
The President pivoted forcefully to the new Supreme Court battle after a week when he became increasingly desperate to deflect from the pandemic, which included misleading and often false accounts, for example, of the speed with which Americans can expect to see a vaccine needed to end the disaster.
Trump’s hopes of talking about anything but the pandemic look slim given the worsening situation. The number of new Covid-19 cases has increased by at least 10% in 31 states over the last week, according to data Sunday from Johns Hopkins University. The test positivity rate — the percentage of new test results that are positive — is rising in 25 states, according to the Covid Tracking Project, fulfilling the fears of experts who warned of a post-Labor Day spike.
Republicans deny claims of hypocrisy
While large crowds of mourners gathered at the Supreme Court to pay tribute to Ginsburg, the White House was embarking on an aggressive plan to put her replacement — and a 6-3 conservative majority — in place.
“Today, we sit here 44 days out from election, so it’s certainly possible,” he said, referring to the chances of getting a new justice on the bench by November 3.”But I think that the President’s obligation is to make the nomination. We will leave the timetable to Leader McConnell.”
Republican senators blew past accusations of hypocrisy when asked about the tactics of McConnell, who has made reshaping the federal judiciary the priority of his leadership of the Senate.
If the Republicans cannot ram through a vote before the election, it could lead to a massive political conflagration should Democrats win the presidency and take back the Senate, then have to watch as a new justice is confirmed in a lame duck session by McConnell.
Such possibilities are making for some treacherous politics for both sides ahead of the election.
Trump, for example, is clearly hoping that a Supreme Court fight will supercharge his political base and send an overwhelming wave of conservatives into polling places. But there is also the chance that the Supreme Court battle could backfire on the President. It could boost liberal turnout among voters who fear, for example, that the new conservative majority will seek to limit or even outlaw the right to an abortion. A prolonged fight over this issue ahead of the election may further weaken Trump’s already compromised position among suburban women voters.
“You can’t keep a democracy if there’s one set of rules for one group and another set for everybody else,” Clinton said.