Senate Minority Leader Mitch McConnell (R-Ky) said on Monday that if Republicans win back control of the Senate and a vacancy occurred on the Supreme Court, President Joe Biden’s nominee would not get a confirmation vote.
McConnell was asked on the Hugh Hewitt Show if the same rule would apply in 2024 as 2016—when he refused to hold a vote on President Barack Obama’s Supreme Court nominee Merrick Garland —if Republicans take back the Senate in 2022.
“I think it’s highly unlikely — in fact, no, I don’t think either party, if it were different from the president, would confirm a Supreme Court nominee in the middle of an election,” McConnell said.
Republicans confirmed Justice Amy Coney Barrett when early voting in the November presidential election was underway in some states.Barrett’s confirmation secured a solid 6-3 conservative majority on the high court and a third Justice for Donald Trump.
Republicans defended Barrett’s confirmation by saying the same party controlled the White House and the Senate unlike 2016 when Republicans controlled the Senate and a Democratic president was in the White House.
McConnell’s remarks come as some Democrats call on Justice Stephen Breyer, 82 to retire so the Democratic-controlled Senate can confirm a nominee while they are still in the majority.
Asked if Biden’s nominee would get a “fair hearing” in 2023 if Republicans are in the majority, McConnell said: “Well, we’d have to wait and see what happens.”
