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Joe Biden Move fast...
 

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Joe Biden Move fast on SCOTUS a tragedy would ensue
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Joined: 2022-01-29
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Democrats are preparing a mad-dash confirmation for President Joe Biden’s
Supreme Court pick, fearful that with an evenly divided Senate, the door to act
could close at any moment.

Now, they just need Biden to do something he’s historically struggled with: move
fast and send them a name.

Just hours after the retirement announcement of Justice Stephen Breyer, the
president was already facing increased pressure to get the gears of the
nomination and confirmation processes moving. While Biden has said he intends to
make his choice by the end of February, his history of missing major deadlines
is causing concern. And some Democrats concede they’re already worried that a
single illness, death or retirement could throw it all into chaos.

Dems to Joe Biden: Move fast on SCOTUS a tragedy would ensue



“You don’t know what the circumstances may bring, whether it’s the loss of a
member or somebody crossing over to the other party,” said former Senate
Majority Leader, Tom Daschle (D-S.D.), who led the last evenly-split upper
chamber. “That’s something that ought to be very much on their minds right now.”

Daschle is acutely familiar with how tenuous a majority can be. Two decades ago,
the Senate was split 50-50 when then-Sen. Jim Jeffords left the Republican
party, throwing control of the chamber to Democrats and thrusting Daschle into
the post of majority leader.

Nobody is predicting such a dramatic change this go-round, at least not before
Breyer’s seat is filled. But Jeffords’ switch has been cited since news of the
justice’s pending retirement broke as a means of underscoring the sheer
unpredictability of such a closely-divided government in an election year. More
recently, Democrats saw how delicate their majority was, when, earlier this
month, plans to vote on election reform changed at the last minute after Sen.
Brian Schatz (D-Hawaii) tested positive for Covid.

“He should get the person confirmed right away,” said Marc Morial, president of
the National Urban League. “Somebody in the Senate could resign, somebody in the
Senate could die. The makeup of the Senate 50-50 could be altered by one career
decision or tragedy. You can’t wait.”

Marc Morial, president of the National Urban League



For Biden, who repeated his pledge to nominate a Black woman to the post, the
next month presents risks and opportunities. A well-executed Supreme Court
confirmation depends on due diligence from the nominee and her team. But the
call to move fast is not merely driven by the realities of the slimmest possible
Senate majority. There is also a sense of political urgency in Biden’s orbit as
his standing has been on a downward trajectory since last fall.

Democrats on and off the Hill see the coming confirmation of the first Black
woman to the Supreme Court as an opportunity for Biden to rebound among the rank
and file.

“Absolutely!” said House Majority Whip Jim Clyburn (D-S.C.) when asked if the
first Black woman justice could reinvigorate the party’s base.

Hanging over it all is a deep consternation on the left after experiencing so
many setbacks on the Supreme Court in recent years — from the GOP blockage that
stopped them from filling a vacant seat under former President Barack Obama to
the scandal-marred confirmation of Justice Brett Kavanaugh to Justice Ruth Bader
Ginsburg’s death and the GOP rush to replace her in the waning days of Donald
Trump’s tenure.

“This is a priority for him,” White House press secretary Jen Psaki told
reporters Wednesday.

Psaki said that Biden has been reviewing bios of potential candidates since last
year. And while she noted that Republicans have some power to complicate the
confirmation, the White House also plans to engage with GOP lawmakers and hear
their point of view throughout. Biden has shown eagerness to ensure that both
his selection and the Senate’s consideration is seen as solemn, serious and
deliberate



hat desire has led to busted timelines and unmet expectations in the past.
Recently, it was in choosing nominees to fill vacancies at the Federal Reserve,
which Biden finally did on Jan. 14, following months of speculation and waiting.
Two summers ago, Biden missed at least two self-imposed deadlines before
choosing Kamala Harris as his vice president, allowing so much time to pass that
allies for several of the other prospective candidates were able to circulate
negative stories designed to tarnish the image of their rivals.

“My concern is if he takes too long to make a decision the lobbying from the
different camps over who they want to be nominated will spiral out of control,”
said Jim Manley, a former top aide to the late Democratic Senate leader Harry
Reid.

My concern is if he takes too long to make a decision the lobbying from the
different camps over who they want to be nominated will spiral out of control.

Jim Manley, a former top aide to the late Democratic Senate leader Harry Reid.

While the White House will ultimately appoint a congressional sherpa for whoever
is nominated, current preparations are being led by White House chief of staff
Ron Klain and White House counsel Dana Remus. It’s a familiar role for Biden and
Klain dating back to their time on the Senate Judiciary committee, where they
were deeply involved in past confirmation fights. Biden also noted he would be
closely consulting with Harris, a former attorney general of California and a
district attorney who is the first Black woman to serve in the role.



Names of possible nominees under consideration include Ketanji Brown Jackson of
the D.C. Circuit court, Leondra Kruger of the California Supreme Court, J.
Michelle Childs of the South Carolina district court and Sherrilyn Ifill of the
NAACP Legal Defense Fund. Wilhelmina Wright, a district court judge and former
Minnesota Supreme Court justice, as well as New York University law professor
Melissa Murray, are also under consideration, said a source familiar with White
House deliberations.

The historic confirmation of the first Black woman to the highest court in the
country could also be a catalyst for Democratic voters who have questioned
Biden’s commitment to their priorities. A January Atlanta Journal-Constitution
poll found that Biden’s approval rating in Georgia — a state he won in 2020 —
had dropped from 51 percent in May of last year to 34 percent. Among Black
voters in the state, Biden’s disapproval rating has increased by 28 points since
last May.

Though the White House continues to work on Biden’s social spending plan, some
White House advisers view the confirmation process as a potential moment to give
Democrats breathing room on the bill, which Congress needs more time on to find
consensus.

For others in the party, the nomination provides Biden with something he’s
lacked as president: a chance to manage events around him.



“This is an example of something that is totally within the president’s control.
Who gets nominated,” said Leah Daughtry, a longtime Democratic official and
former CEO of two DNC conventions. “It's a political moment for the people in
the base to say here's a man who kept his promise to us, and so we can count on
him keeping his word for the rest of his promises.”

Daughtry said she grew “a little emotional” watching Biden’s remarks on Thursday
announcing Breyer’s retirement. “It's almost like a Barack Obama moment for me,
as a Black woman, to contemplate that there will be a black woman on the court,”
said Daughtry.

Cornell Belcher, a veteran Democratic pollster who worked for Obama, said the
confirmation fight could be more than just a boost for Biden but also a “trap”
for Republicans.

“Does Mitch McConnell and Republicans want to spend the next couple of months
attacking a Black woman awakening this giant that usually usually sleeps through
midterms?” said Belcher, referring to young voters, Black voters and women
voters. “This is a fight that I think frankly, would be a gift for our ability
to mobilize and organize these voters who are the most problematic for us during
midterms.”

The early response from conservatives has been to engage the debate along the
lines that Belcher outlined. Activists and media figures on the right accused
Biden of engaging in a reverse form of racism by limiting his search to a Black
woman. Senate Minority Leader Mitch McConnell (R-Ky.), meanwhile, warned Biden
against “outsourcing” his first Supreme Court pick to the “radical left.”

But early expectations in conservative circles is that Republicans have only a
slim chance of actually stopping Biden from getting his pick approved. On the
Hill, Senate Democrats are gearing up for a swift confirmation, with Majority
Leader Chuck Schumer considering a timeline similar to the confirmation of
Justice Amy Coney Barrett.

Barrett was confirmed roughly a month after former President Donald Trump
announced her nomination. Sen. Patrick Leahy (D-Vt.), former chair of the
Judiciary Committee and a current panel member, urged Biden Thursday to make his
selection “very quickly.”

“Fortunately they have a number of people that have already done some
pre-clearance,” Leahy said. “After seeing the just outrageous and total
violation of custody and rules we saw with Merrick Garland, we don’t want to see
that again.”

The Judiciary Committee is already preparing for hearings. Democrats on the
panel met Thursday afternoon to discuss the next steps. A committee spokesperson
said that chair, Dick Durbin (D-Ill.), “is committed to working with his
colleagues on both sides of the aisle to ensure fair and timely consideration
of” the pick.

Durbin said Thursday that Klain called him at 9:30 a.m. Wednesday, hours before
the news broke of Breyer’s retirement.

“And I asked Mr. Klain, ‘do you have a nominee?,’” Durbin told reporters. “He
said, ‘we’re in the process. No one’s been chosen yet.’ So it’s a little early
to predict the timetable for this hearing.”




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