If early indications of Donald Trump’s Supreme Court pick are any accurate indication, then Thomas Hardiman is set to be one of two top options to replace Justice Anthony Kennedy, who announced his retirement plans earlier this month.
When this vote does take place, it’s likely that the voting split between approval and rejection of confirmation will be divided across the partisan lines, with most (if not all) Republicans approving Hardiman’s appointment and most Democrats rejecting it.
Especially given the tumultuous appointment process of Gorsuch, in which many Democrats believed Senate Majority Leader Mitch McConnell stole President Obama’s nomination of Merrick Garland. Only three Democrats ended up approving Gorsuch’s nomination. This next Supreme Court decision looks to be just as contentious, if not more so.
Most of this is a pretty cut and dry procedure; it’s common for politicians to vote based off of their party line. However, if all of the Democrats in the Senate vote against Hardiman, then some of them might have some explaining to do for their constituents, because eighteen Democrats voted for Hardiman to the third circuit in the United States Court of Appeals in 2007.
Senators Bernie Sanders, Dianne Feinstein, and Sheldon Whitehouse are among the eighteen Democrats who voted for Hardiman and are still in the Senate. In this decision, Hardiman was approved with a unanimous 95-0 vote, sending him to his position at the court of appeals.
Here’s what you need to know.
Democrats Who Voted for Hardiman in 2007 & Are Still in the Senate
Several notable Democrats voted for Hardiman in 2007, including Senator Feinstein, Sanders, Schumer, and Casey. However, some of those Senators have already begun to speak out against Trump’s Supreme Court pick, even prior to his picking one.
During a Planned Parenthood event in Oakland this week, Feinstein warned the crowd about the possibility of the next Supreme Court pick helping to overturn Roe v. Wade upon appointment. “When it comes to protecting a women’s right to control her own body, the effect of one seat on the Court has never, ever been clearer,” Feinstein said. “Based on the president’s own promises and track record, we know that women’s rights are in serious and grave danger.”
Though she didn’t speak directly about Hardiman, she did note that Democrats (even if presenting as a united front) won’t be able to block Hardiman all on their own. “I do know that [some of the Republican female Senators] are pro-choice, and pro-choice is a responsibility, and it in a sense is our birthright as women,” she said.
The full list of Democrats who voted for Hardiman in 2007 and are still in the Senate are the following:
Sherrod Brown (OH); Maria Cantwell (WA); Ben Cardin (MD); Bob Casey (PA); Dianne Feinstein (CA); Amy Klobuchar (MN); Patrick Leahy (VT); Claire McCaskill (MO); Robert Menendez (NJ); Patty Murray (WA); Bill Nelson (FL); Jack Reed (RI); Bernie Sanders (VT); Chuck Schumer (NY); Debbie Stabenow (MI); Jon Tester (MT); Sheldon Whitehouse (RI); Ron Wyden (OR).
Democrats Who Missed the Hardiman Vote in 2007 & Are …read more