The second danger, as I pointed out yesterday, is that enough GOP senators, either from love of baby-killing or just from spite, will bolt the caucus that Trump’s nominee can’t win confirmation."I wish this president would engage in conversations and nominate a consensus candidate," Biden said of Trump's choice to replace Kennedy. "That’s what we’ve done in the past. That’s what America needs and deserves. He won’t." https://t.co/tlf9jfTzSA— William W. Cummings (@wwcummings) June 29, 2018
That latter path may have just been foreclosed.
Sen. Susan Collins of Maine will not apply an ideological litmus test to the next Supreme Court nominee, her spokeswoman said Thursday.
Collins’ position, which is consistent with her past practice on high court nominees, means she won’t factor a nominee’s support for the landmark abortion-rights ruling of Roe v. Wade into her confirmation decision.
“When Senator Collins evaluates judges, she always looks at their judicial temperament; qualifications; experience; and respect for precedent, the rule of law, and the Constitution,” Collins spokeswoman Annie Clark said via email. “These are exactly the same criteria she applied when she evaluated President Bush’s Supreme Court nominees, President Obama’s nominees, and President Trump’s most recent nominee.”
“Senator Collins does not apply ideological litmus tests to nominees,” Clark saidStare decisis is good and all but let’s not make a fetish of it. If we did Plessy v. Ferguson would still be the law of the land–just as Korematsu vs. US is. Just this week a major case, Abood v. Detroit Board of Education was reversed for much the same reason. It became clear after testing that the legal framework was incompatible with the Constitution.
To say this statement by Collins has set off a panic is an understatement.
The Supreme Court nomination is the true litmus test for Susan Collins and Lisa Murkowski.Will they continue to put party over the things they profess to believe, and vote to confirm a justice who will blow up every remaining protection for women? I wish I were optimistic.— Norman Ornstein (@NormOrnstein) June 27, 2018
forget spin. vote for nominee = "vote to overturn Roe v. Wade. Susan Collins cannot simultaneously say she supports Roe v. Wade and support anybody on that list; that would be quite hypocritical.”— Jennifer Rubin (@JRubinBlogger) June 29, 2018
And they are using their well-honed people skills to make their case:BREAKING: @SenatorCollins says she will not factor in Roe v. Wade: "she won’t factor a nominee’s support for the landmark abortion-rights ruling of Roe v. Wade into her confirmation decision." This is unconscionable. Set her straight. #mepolitics https://t.co/lkQSXu4OVj— Topher Spiro (@TopherSpiro) June 29, 2018
Pro-Choicers Are Sending Coat Hangers to Sen. Susan Collins: With President Donald #Trump poised to nominate a new Supreme Court justice in the wake of Justice Anthony Kennedy’s retirement, all eyes are on senators such as Maine’s Sen. Susan Collins, who… https://t.co/u2QvH6Ak2q pic.twitter.com/agoQWXb5KU— CITIZENS for CHANGE™ 🌊 (@cfcpac) June 29, 2018
Who knows what Collins will do. She voted for Gorsuch knowing that he would not change the philosophical bent of the Court. The next nominee…and the one following…have the potential to shake things up. There will no longer be two four-Justice blocs trying to conform their opinions to whatever judicial philosophy Anthony Kennedy woke up with on a particular day. Indeed, if we get another Gorsuch, John Roberts will actually be the swing vote on the court. I think there are things Trump can do that can make it very difficult for Susan Collins and her fellow pro-abort, Lisa Murkowski, to vote against his nominee. Sending them a woman nominee would be one of those things. In the end, though, I think Collins will stand with her caucus if any of those people on Trump’s list of candidates appears. And the wailing and gnashing of teeth is going to be awesome.It's already begun. pic.twitter.com/Rr2BE1JZH9— June Casagrande (@JuneCasagrande) June 29, 2018