SCOTUS nomination doesn’t change Ayotte’s mind

By Paul Briand

The nomination of a moderate judge to the U.S. Supreme Court today didn’t change U.S. Sen. Kelly Ayotte’s mind about whether to consider the appointment.

“Empowered with a lifetime appointment, the next Supreme Court justice will likely have a significant impact on the court and the people of our country for years. In the midst of a presidential election and a consequential debate about the future of our country, I believe the American people deserve to have a voice in the direction of the court. I continue to believe the Senate should not move forward with the confirmation process until the people have spoken by electing a new president,” the Republican senator said in a statement.

But Ayotte is at least willing to meet with Merrick Garland (pictured), the chief judge of the U.S. Court of Appeals for the District of Columbia Circuit whom President Barack Obama announced today as his choice to succeed Associate Justice Antonin Scalia, who died suddenly last month.

An earlier statement by Ayotte’s communications director said, "The nominee is an appeals court judge and out of courtesy and respect Senator Ayotte would be willing to meet with him," Johnson said, "but she continues to believe that the American people should have a voice in the direction of the Court based on who they elect in November.”

Who should pick the next Supreme Court justice has become a contentious political issue, one that is reverberating not only through the presidential election but other contests as well, in particular the U.S. Senate race where Ayotte is facing challenges on two fronts -- in the Republican primary and, assuming she wins, in a final election against Democratic Gov. Maggie Hassan.

It’s become a clash of ideologies, with Democrats saying the U.S. Senate needs to do its job and at least consider the appointment and Republicans saying the next president, not the lame duck president, deserves to make the appointment.

That ideological split is no more apparent than here in New Hampshire, with Ayotte siding with Republican leadership, which says they won’t even consider Garland’s appointment and with U.S. Sen. Jeanne Shaheen (D-NH) saying today the Senate should do its constitutional duty.

“Today, the President fulfilled his constitutional responsibility. Now it’s the Senate’s turn,” said Shaheen. “Every Senator swore an oath to support and defend the Constitution and that oath applies to election years and non-election years alike. Without question, the American people expect us to do our jobs. The Senate has a longstanding bipartisan tradition of giving fair consideration to Supreme Court nominees and I will continue to honor that tradition. I look forward to meeting Judge Garland in the near future, and reviewing his qualifications.”

Hassan has been aggressive in her criticism of Ayotte on the issue and today issued another statement, saying “rather than do her constitutional duty, Senator Ayotte has decided to cater to her party leaders and her special interest backers by playing politics with justice for millions of Americans. Ayotte's obstruction truly represents Washington dysfunction at its worst, and the people of New Hampshire deserve better."

Republicans might have painted themselves into a deep corner on this issue, given the possible calculus of the presidential election.

There’s a better than even chance that billionaire businessman Donald Trump will be the Republican Party’s nominee for president.

And there’s a better than even chance that matched up against the Democratic Party’s nominee, former Secretary of State Hillary Clinton, Trump will get slaughtered in November.

That puts Clinton in the position - advocated by Republicans - of choosing Scalia’s successor. And Clinton will likely choose someone far more liberal, far more progressive than Garland.

There are some interesting scenarios floating about.

One holds that the Senate will use whatever means it can to stall the Garland nomination, then move quickly to confirm him if indeed Clinton is elected in November.

What’s that old saying? Better the devil you know, than the devil you don’t.