How will Democrats respond?
As Republicans gear up to take back control of Congress during the upcoming midterms, they’ve refused to reveal whether they would fill future Supreme Court vacancies during President Joe Biden’s tenure, a move many believe is a warning shot to the Biden administration.
Senator Lindsey Graham (R-S.C.) made comments about how a GOP-controlled Senate would handle a Biden judiciary nominee, which has intensified questions about whether, in 2023, the GOP would refuse a Biden High Court nominee should Republicans control the chamber.
The assertion marks a significant escalation in an ever-increasing antagonistic judicial war that has defined the Senate in recent years.
Senate Minority Leader Mitch McConnell (R-KY.), who would become majority leader if Republicans regain the Senate, has refused to divulge his plans.
When asked about what Republicans would do if another Supreme Court vacancy emerged in 2023 or 2024, McConnell said, “I’m not going to go forward with any prediction on what our strategy might be should we become the majority.”
However, McConnell previously suggested that it would be “highly unlikely” for the GOP to fill a Supreme Court vacancy should it occur in 2024, a similar strategy to one they adopted in 2016 when Republicans refused to give Merrick Garland, former President Obama’s Supreme Court nominee, a hearing in 2016.
When McConnell refused to give Garland a hearing, he sparked fierce backlash and grievances that have not subsided since. At the time, McConnell argued that the decision was in line with how Supreme Court nominations are treated when the White House and Senate are controlled by different parties.
Yet, if a vacancy were to occur in 2023, which isn’t an election year, Republicans would face intense backlash from Democrats and other outside groups if they attempt to prevent a confirmation hearing.
