
<p class="wp-block-paragraph">First, a bit of looking at the reality of the next appointment to the Supreme Court. ; With the retirement of Justice Stephen Breyer, President Biden has been handed the opportunity to name the replacement. ; That is one of those “elections have consequence” realities.</p>



<p class="wp-block-paragraph">We can safely bet that the Biden nominee – and the next person to join the bench – will be a black woman. ; It will be a Democrat. It will be a liberal. ; No getting around that. ; It is also important that it will not change the balance of the Court.</p>



<p class="wp-block-paragraph">So, what role should Senate Minority Leader Mitch McConnell and the GOP senators do about it. ; Since there is no way to stop the facts noted above, how hard should Senate Republicans fight the potential nominee. ; In my judgment, not very much. ; The most important battle is to prevent Biden from nominating the most radical candidate.</p>



<p class="wp-block-paragraph">There is not enough time to stop a nomination from going up for a vote before the 2022 Midterm Elections. ; And even if the Republicans were to take control of the Senate, there is definitely not enough time to hold up a nomination until January of 2023. ; ;</p>



<p class="wp-block-paragraph">McConnell held up the Merrick Garland nomination BECAUSE there was a PRESIDENTIAL election coming up. ; He took a longshot gamble that it would be a Republican in the White House – and that would change the reality. ; And he won his bet. ; No matter what happens in 2022, Biden will still be in the White House for more than two years. ; It would be impossible and stupid to even try to keep the seat open until January of 2025.</p>



<p class="wp-block-paragraph">Republicans should not be going to the mat for an impossible objective – or some damaging devotion to symbolism. ; Even that would not work. ; ;</p>



<p class="wp-block-paragraph">Democrats are counting on Republican senators to get vicious – especially the presidential contenders on the Judiciary Committee that will hold the confirmation hearings. ; Beating up on a black lady is one of the standard accusations in the Democrat playbook. ; That could cost the GOP some votes in November – and frankly not help the GOP in general.</p>



<p class="wp-block-paragraph">So, what can McConnell do?</p>



<p class="wp-block-paragraph">He should use the time Biden has provided to discuss the likely nominees with not only the members of his GOP caucus, but with key moderate Democrats – such as Senators Joe Manchin and Kyrsten Sinema.  ; And there are other Democrats who might vote against the more extreme candidates.</p>



<p class="wp-block-paragraph">McConnell can give Biden bipartisan support, but ONLY if the nominee is not one of the more extreme. ; While there is much to be learned about the potential nominees. I would consider it a victory if a combine of Republicans and moderate Democrat senators made the nomination of D.C. Appellate Judge Ketanji Brown Jackson dead on arrival. ; Better yet, convince Biden not to nominate her.</p>



<p class="wp-block-paragraph">McConnell and the Republicans have their greatest influence by using pressure to eliminate the more egregious nominees. ; This will totally anger Biden’s hardcore progressives – such as Congresswomen Ocasio-Cortez, Tlaib and Pressley – but the left will be hard pressed to oppose the less extreme black female candidates.</p>



<p class="wp-block-paragraph">Already, South Carolina Supreme Court Judge Michelle Childs has the support of powerful Democrat Congressman Jim Clyburn AND the states two Republican Senators, Lindsey Graham and Tim Scott. ; Democrats like Manchin would almost assuredly vote for her. ; He also would be very instrumental in telling Biden that his vote is not certain if the nominee is too far to the left. ; He did say he could support a nominee to his left – but did not say how far left.</p>



<p class="wp-block-paragraph">If McConnell can use his power to prevent the seating of a radical leftwing judge – without looking like it is an attack on a black woman &#8212; he will have accomplished the best results possible. ; It would take away the Democrats effort to play the race and gender cards against Republicans. ; A bipartisan vote would show the voters that Republicans can govern in a two-party system.</p>



<p class="wp-block-paragraph">The most important phase of the debate is before a nominee is named. ; This Supreme Court nomination is a hill that Republicans would fight to die on. ; If McConnell can stop the most radical nomination, it will be as much of a victory as is possible.</p>



<p class="wp-block-paragraph">So, there ‘tis.</p>

Some advice for Mitch McConnell
