Yesterday we previewed 3 potential picks that seem to be emerging as front-runners to fill Justice Scalia's vacant seat on the Supreme Court (see "Obama Sets Record For Lowest Supreme Court Win Rate Since Zachary Taylor In 1850"). While various media outlets reported that William Pryor of Alabama, Neil Gorsuch of Colorado and Thomas Hardiman of Pennsylvania are the 3 mostly likely people to get the nod, the Los Angeles Times went one step further by declaring Gorsuch the most likely ultimate winner.
But while speculation will undoubtedly continue to swirl, earlier this morning Trump promised that his pick will be announced next Thursday.
I will be making my Supreme Court pick on Thursday of next week.Thank you!
— Donald J. Trump (@realDonaldTrump) January 25, 2017
Of course, the real fight will begin after Trump's pick is announced as Democrats in the Senate, now led by Chuck Schumer, have vowed to block any candidate not deemed "mainstream." However, appearing on Rachel Maddow, Schumer pretty much vowed to fight any Trump pick put forward, mainstream or not.
"It's hard for me to imagine a nominee that Donald Trump would choose, that would get Republican support, that we could support."
Under current rules, Republicans will need at least eight Democrats to support Trump's nominee to overcome the 60-vote filibuster hurdle. That said, Ted Cruz has already started lobbying for the "nuclear option" that would lower the confirmation vote threshold to a simple majority and pave the way for Republicans to confirm any Justice put forward, without Democrat support. Per The Hill:
Texas Sen. Ted Cruz (R) said Republicans should fight to get President Trump's coming Supreme Court nominee confirmed by any means necessary.
Trump has said he will be announcing his choice to fill the late Antonin Scalia's seat on the bench next week.
Republicans will need at least eight Democrats to support Trump's nominee to overcome the 60-vote filibuster hurdle. But Cruz suggested the GOP shouldn't rule out the so-called "nuclear option" to reduce the threshold to a majority. The move would be a gamble, setting a precedent that could weaken the GOP's position if Democrats come back into power.
“I think we should do whatever it takes to get him confirmed," the former presidential candidate said on Fox News' "Hannity" Tuesday night.
When pressed about whether Republicans would employ the nuclear option this week, McConnell simply said: "The nominee will be confirmed."
While Democrats will undoubtedly blast the proposed rule change, we suspect they'll conveniently forget that they first employed the "nuclear option" in 2013 to confirm several of President Obama's nominations, via simple majority votes, over the objection of Republicans.
In 2013, Democrats, who at the time held the majority in the Senate, triggered the nuclear option to confirm several of President Obama's nominees. The move did not apply to the Supreme Court.
Senate Minority Leader Chuck Schumer (D-N.Y.) said recently he regrets Democrats' 2013 decision, which is now easing the confirmation of President Trump's Cabinet nominees.
We would also point out that Democrats "changed the rules" in 2010, after losing their filibuster proof majority on the death of Massachusetts Democrat Ted Kennedy, to ram through one of the destructive pieces of legislation in recent history, Obamacare.
Live by the sword, die by the sword as they say.