Opinion: Republican senators must be smart with Supreme Court confirmation
Opinion: Republican senators must be smart with Supreme Court confirmation
Posted on March 1, 2022
OPINION/ANALYSIS
By Jessica Curtis | WashingtonExaminer.com
March 1, 2022
It’s pretty hard to strike someone out, especially if they have not even gotten into the batter’s box.
Republican senators would be well advised to remember this fact as they assess President Joe Biden’s nomination of Ketanji Brown Jackson to the U.S. Supreme Court.
I am not suggesting that Jackson be given a blank check or treated with kid gloves. She must receive close examination to assure that she has the personal integrity and legal qualifications to properly serve in this high post.
But poll after poll shows that Democrats are on the political ropes at present. The congressional generic ballot has Republicans up by 2-4 points and growing every day. If this holds up through Election Day, Republicans will enjoy a massive victory. From my position as the leader of a national Republican organization, it’s critical that we don’t get distracted by choosing the wrong fight. A wise friend once observed that the most Machiavellian thing and the most decent thing can be the same thing, just for different reasons. Treating Jackson with dignity and respect is the right thing to do. It is also the politically smart thing to do.
First of all, Democrats will likely have the votes to confirm the Federal Appeals Court Judge. Second, while shrill partisan attacks might provide red meat for those already on our side, three other effects will ensue. Much of the media will howl in outrage about the “mistreatment,” with accusations of racism attached. The Democratic base will have a reason to be fired up for the first time in a long time. Finally, and this counts, I believe most independents will be upset about what they consider to be unfair and partisan treatment of a public servant.
For anyone who thinks shrill partisan attacks don’t come with a political price to pay, contact former Sens. Claire McCaskill and Heidi Heitkamp. Post-election surveys showed their treatment of Brett Kavanaugh cost them dearly. The fact Democrats were rude and overplayed their hand does not require we Republicans do the same.
Maybe something will surface that warrants a full-throated opposition to Jackson. But lacking that sort of smoking gun, my advice is for Republicans to deny Democrats a cause that unites their base and attracts independents. If Republicans simply fight everything that Democrats put forward, there is no way to easily identify the topics that truly deserve our opposition. For independents, it all becomes a blur of bickering.
When Justice Stephen Breyer announced his intention to leave the court, conservatives held a 6-3 majority. Confirming a liberal nominee does not change that math in any way. Yet, by showing the public that Republicans take their responsibility to advise and consent seriously, but also accept that the president is entitled to put forward qualified candidates, we lay down the marker for decency. And to demand the same of Democrats in the future.
My advice to Republicans is simple. Let’s be smart about this!