President Trump and Senate Majority Leader Mitch McConnell, R-Ky., want to move swiftly to confirm the justice to succeed
retiring Supreme Court Justice Anthony Kennedy
With Arizona Republican Sen. John McCain's continued absence due to ongoing brain cancer treatment, McConnell has a functional 50-vote majority and little room for error in what is shaping up to be a partisan fight over the ideological makeup of the court for the next generation. With only 99 senators currently voting, the nominee can be approved by a 50-49 margin. In the event of a 50-50 tie, Vice President Pence would cast the deciding vote.
There is no nominee yet, but
Trump indicated on Friday
Senate Democrats are calling to delay the vote until after the midterm elections, but McConnell has rejected their call and there is little Democrats can do to ultimately delay a vote.
Already the confirmation process is becoming a debate
about the future of abortion rights in America
It's no secret in Washington, D.C., who the critical senators will be in the months ahead. Trump invited all five to the White House for a private meeting the day after Kennedy announced his retirement.
Two moderate Republican women
Few senators are as familiar with — and as cool at handling — the hot seat than Sens. Susan Collins of Maine and Lisa Murkowski of Alaska. The swing-vote senators, along with McCain, were the trio who derailed the GOP's 2017 effort to repeal most of President Barack Obama's Affordable Care Act.
They are also the only two Republican women who support abortion rights — with some caveats — and they could ultimately be the deciding votes on the Supreme Court nomination if all 49 members of the Senate Democratic caucus (including two independents) band together and oppose the nominee as a unified block.
Collins has a more reliable record in favor of abortion rights, and boasts a
70-percent vote rating
Collins is inclined to support nominees — she has voted to confirm every Supreme Court pick that has come up for a Senate vote during her time in the Senate — but none may be as consequential as Kennedy's replacement. "No matter how I vote there are going to be people who are furious at me," Collins told
POLITICO
Murkowski isn't rated as favorably among abortion rights groups, she has a
58-percent vote rating in 2018
Murkowski lost her 2010 GOP primary, but ultimately won re-election with a historic write-in campaign. The strength of her victory was fueled by support among Alaska women, which has become part of Murkowski's brand. She has also been a reliable defender of federal funding for
Planned Parenthood
In a
statement
One factor that eases the immediate political pressure on both senators: Collins is not up for re-election until 2020; Murkowski in 2022.
Three red-state Democrats
There are ten Democratic senators up for re-election in 2018 in states that Trump won in 2016. When it comes to the Supreme Court fight, that list is quickly culled to just three for one reason: they are the only Democrats who voted to confirm Gorsuch in 2017 — Indiana Sen. Joe Donnelly, North Dakota Sen. Heidi Heitkamp and West Virginia Sen. Joe Manchin.
Each of the three has a complex, frenemy-style relationship with the president, and each is trying to find the right political balance of working with a president most of their constituents strongly support, and opposing him where it matters most to their own voters.
For Republicans' part, they need to balance actively campaigning against the trio in 2018, while courting their votes for the Supreme Court nominee. If either or both Collins and Murkowski end up opposing the nominee, support from some combination of this Democratic trio will be necessary to achieve a simple majority in the Senate.
President Trump initially bashed Heitkamp at a rally in North Dakota this week in which he urged voters to support her GOP opponent, Rep. Kevin Cramer. "Heidi will vote 'no' for any pick we make for the Supreme Court," Trump said. However, he invited her, Donnelly and Manchin to the White House the next day to discuss the nomination process.
"Political speeches are just that, but the next day, I'm ready to get to work," Heitkamp said in a statement following a private meeting with the president. "I stressed the importance of nominating someone to the Supreme Court who is pragmatic, fair, compassionate, committed to justice, and above politics."
Heitkamp broadly supports abortion rights, but North Dakota is one of the most restrictive states in the nation when it comes to abortion access. Red-state Democrats are generally loathe to make their campaigns about social issues, and Heitkamp has preferred to work with the Trump administration on economic and energy grounds.
Unlike Heitkamp, Donnelly and Manchin are Democrats who generally oppose abortion rights and are endorsed by
Democrats for Life
Manchin might be Trump's closest ally across the aisle — the president even considered him for a Cabinet job — and Manchin left open the possibility of
supporting Trump for re-election
Like Collins and Murkowski, these Democrats are unlikely to reveal how they will vote until the nomination comes to the Senate floor. McConnell told Fox News that Republicans believe some combination of Democratic support is possible. "We're hoping there will be some Democratic support," he said, "We're not assuming this is just going to be a straight party-line vote. I think there will be some Democrats who find the nominee attractive."
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