Democrats are terrified of losing control come the midterms.
That’s why they’re rushing to get a Supreme Court nomination.
But Joe Biden and Chuck Schumer’s Supreme Court succession plan might’ve just hit a massive speed bump.
Justice Stephen Breyer—the oldest member of the Supreme Court at 83 years old—is stepping down, which means that Joe Biden will get the opportunity to name his successor.
It could be the only chance Biden gets because Republicans are poised to retake the Senate in the 2022 midterms.
There are even reports that the White House was so eager for a public relations win, the administration jumped the gun in leaking news of Breyer’s retirement.
Potential retirement conversations between Justices and the WH happen at a very high level. For a news leak like this to happen is highly unusual. https://t.co/kkuCxJJ7tV
— Ron Bonjean (@RonBonjean) January 26, 2022
Biden and Senate Majority Leader Chuck Schumer may be eager to appoint a young liberal activist to the high court, but their plan might have hit a snag.
Based on a little known Senate rule, Mitch McConnell could hold up any Biden nomination.
Since the Senate is split 50-50—with Vice President Kamala Harris being the tiebreaker—McConnell and Schumer hammered out a deal to split committee assignments down the middle.
That means if the 11 Democrats and 11 Republicans on the Senate Judiciary Committee vote along straight party lines, the nomination could get held up in the committee because a majority is needed to advance to the full Senate floor.
Time Magazine reports that “the nomination doesn’t die, but it does get parked until a lawmaker—historically, the Leader of the party—brings it to the floor for four hours of debate…When the potential pick comes to the floor again, it’s not as a nomination. At that point, it’s a motion to discharge, a cloture motion that requires 60 votes. In other words, 10 Republicans would have to resurrect the nomination of someone already blocked in the Judiciary Committee.”
It’s not clear if McConnell or any Republicans would hold up Biden’s nomination, but that option is reportedly on the table.
If Biden’s nomination for the Supreme Court were to be put on hold, it would be another black mark on his beleaguered presidency.
Stay tuned to Right News Wire for more updates to this ongoing story.