With Republicans controlling the White House and having a majority in the Senate, many will conclude that Democrats can do little to influence that the next Supreme Court Justice does not push SCOTUS strongly to Trumpland.
Our best lever is to make use of the following facts:
- Republican Senators Susan Collins of Maine and Lisa Murkowski of Alaska generally support abortion rights from the Roe V Wade decision.
- As Republicans only have 51 seats in the Senate, the Trump nominee can be blocked without the support of the above two Republicans and if all Democrats and Independents vote no.
- Judges who recognize abortion rights are generally far more favorable to issues favored by Democrats beyond just the Abortion issue. Retiring Justice Kennedy is an example of this.
- Justice Goresuch won confirmation with the following Democrats voting for confirmaiton: Heidi Heitkamp N.D., Joe Manchin III W.Va. and Joe Donnelly Ind
- There are 10 Senate Democrats up for re-election that come from states that Trump won in 2016. All are of them are vulnerable to pressure that they should vote to confirm a Trump nominee before the November 2018 elections.
- Trump has not yet made a nomination.
Before Trump names a nominee, we need to have all Democrats in the Senate sign a public statement that they will all oppose the confirmation of any nominee who does not affirmatively support abortion rights as expressed in the Roe V Wade decision.
This document would give Republican Senators Collins and Murkowski the power behind closed doors to insist that the nominee must support abortion rights, otherwise the nominee cannot pass the senate. In addition, if a nominee who opposes abortion rights goes through the process and is defeated in the Senate, the mid-term election will take place before another person can go through a confirmation process and the new Senate will decide who the next justice can be, of if the winner of the 2020 election gets to make the nomination that the Senate votes on.
If all Senate Democrats do not sign the above document before there is a nominee, Republican Senators Collins and Murkowski don’t get to require a nominee who has a history of being favorable to abortion rights.
The nominee will then be another candiate who is hostile to abortion rights, but without a history of strong opposition and Collins and Murkowski will confirm another Goresuch before the November 2018 elections.