[ad_1]
Trump in recent weeks has increased his rhetoric about the election, sparking alarm that he is trying to undermine the foundations of democracy and hold onto power through a court fight. He has regularly alleged that the elections will be “rigged,” asserting that there will be massive electoral fraud by mail, something that his own FBI director disputes, while refusing to commit to a peaceful transfer of power. He has said that he believes a case about the election results will end before the Supreme Court.
So, as Democrats prepare for high-stakes confirmation hearings on Trump’s nominee, who would likely tip the ideological balance to the right, they plan to pressure the next possible judge to commit not to vote in any case that could affect the result of the presidency. career.
Senator Patrick Leahy of Vermont, a senior Democratic member of the Senate Judiciary Committee, called the quick process to confirm a nominee before Election Day “ridiculous” and said the nominee, if confirmed, should recuse himself. of a case that affects the elections. even when the White House insists that such a challenge is not necessary.
“Whoever sits in the seat will be terribly in conflict because no matter what they do, people will be watching,” Leahy told CNN on Friday.
Democratic strategy
It typically takes two to three months to go through the Supreme Court confirmation procedures in the Senate. But this time, Senate Republicans are preparing for the nominee to be confirmed in late October, representing one of the fastest procedures in modern times.
Hoping for quick confirmation, the White House is hosting courtesy meetings with senators even before the nominee is announced.
“I don’t think it’s a good use of your time or my time,” Sen. Bob Casey, a Pennsylvania Democrat, said when asked if he would meet with the nominee.
Sen. Mazie Hirono, a Hawaiian Democrat and Judicial Committee member, added: “I have said that all of President Trump’s judicial candidates, whatever they have to tell me, would be under oath.”
Given that Trump needs 51 votes in a chamber filled by 53 Republican senators, the candidate will almost certainly be confirmed by the GOP-led Senate, unless there are errors in the hearing or controversies that may arise. That means Democrats have a great opportunity to paint the nominee unfavorably and potentially ruin his chances during the hearings, which are tentatively scheduled to begin the week of October 12. The Democrats’ focus will largely be on healthcare, including the nominee’s views. on the right to abortion, as well as the Affordable Care Act, given that a challenge to the law led by the Republican Party will be heard only one week after Election Day.
But Democrats plan to highlight the arguments the president himself has been making in recent weeks about the fairness of the November 3 election and the likely court fights that will ensue. Democrats, both on and off the Judiciary Committee, said the nominee must make it clear that she will not be involved in a case involving a president who just nominated her for life.
And since it is up to each judge to make their own decision on the challenge, Democrats say it will be crucial to get a compromise during the confirmation hearing.
“No one nominated in this process will be seen as impartial,” Sen. Tim Kaine, a Virginia Democrat who was his party’s 2016 vice presidential nominee, said Friday. “Unfortunately, that person cannot be seen as impartial on matters. related to the presidential elections, especially after the president said that he has to get a ninth judge in court to resolve these possible electoral disputes. ”
Kaine added, “I think to avoid a semblance of bias, you should recuse yourself.”
White House pushback
But Republicans in the White House and Senate say that’s unnecessary, arguing that all the nominees have ties to the president who nominated them, including the one Trump will announce on Saturday.
Speaking to Wolf Blitzer on CNN’s “The Situation Room” on Thursday, White House Chief of Staff Mark Meadows was asked if the nominee would have to recuse herself “given the process that is unfolding at this time.”
“No,” Meadows said. “I don’t mean any more than anyone who has been confirmed during the presidency of Barack Obama or George Bush or anyone else who recurs.”
Meadows insisted that so far during the investigative process, questions about the elections “are not part of the process.”
On Capitol Hill, Senate Republicans argue that a full roster of justices is needed by Nov. 3 to help resolve any election disputes and avoid a 4-4 tie where the lower court ruling would sit. .
“If there is a judicial challenge to the election, it will be decided in court, and the loser of the challenge will accept the results,” Senate Judiciary Speaker Lindsey Graham, a Republican from South Carolina, told CNN. “I promise the American people, if there is an election litigation, there will probably be, because it is the highest court in the country, whatever they decide, I will accept.”
But when asked about concerns that Trump is looking to fill the seat to help tilt an election challenge to him, Graham simply said, “We need a full court.”
‘Conflict of interests’
Democrats say that has given them every reason to be concerned.
“I think there is a direct conflict of interest right now,” said Sen. Chris Van Hollen, a Maryland Democrat who also noted that he would not meet with Trump’s nominee before a confirmation vote. “It is a total abuse of power for the president to choose a judge who could play a role in that decision on his behalf.”
Maine Senator Angus King, an independent who is part of the Democrats, said that a judge “must avoid not only impropriety, but also the appearance of impropriety. I cannot imagine a higher appearance of impropriety than a judge appointed by a president as judge in a case related to the election of the president. ”
King added: “If they do things like make a decision within weeks of their appointment that is favorable to the person who appointed them, that undermines public confidence in the courts. And public confidence is all that the courts have in the end. “.
