The Obama administration reacted to historic right-wing obstruction in the Senate by leaking the idea of nominating a Republican to the Supreme Court.
Two unnamed sources told the Washington Post Wednesday that the White House is vetting Governor Brian Sandoval (R-Nev.) to take the place of the late Associate Justice Antonin Scalia. The Post described the pair “as two people familiar with the process”
Administration Press Secretary Josh Earnest downplayed the reports, telling journalists, “I suspect it is only the first of many stories that speculate on potential Supreme Court nominees.”
With a Sandoval nomination, Obama would be trolling Republican Senate leadership, who vowed on Tuesday that any nominee to the court would be rejected outright. All eleven Republicans on the Senate Judiciary Committee signed onto a letter stating that there would be no hearings this year on a SCOTUS nominee. Sen. Mitch McConnell (R-Ky.) said he wouldn’t even meet with a potential replacement picked by the current president.
The President’s gamble, however, could backfire if the GOP actually caves. Confirmation of Sandoval to the court would keep intact the 5-4 conservative advantage on the bench–at least as far as critical bread-and-butter issues are concerned. As Governor of Nevada, Sandoval supported Scott Walker-style assaults on the collective-bargaining rights of public sector unions, and other anti-labor initiatives—positions that could worry progressives who are already concerned about the corporatist-leaning of the Supreme Court.
Sandoval’s tendency to govern as a moderate and his support of a woman’s right to choose, however, are appealing to the President. In an article published this week that highlighted why GOP presidential candidates didn’t court the endorsement of Sandoval ahead of the Nevada Caucus, Politco described the governor as a “party pooper.”
“The abortion rights governor has embraced Obamacare; lauded immigration reform and DREAMers; fiercely championed renewable energy; and taken lesser known actions on police body cameras, driver’s licenses for undocumented aliens and multiple moves to squelch Republican-led tort reform,” the political rag reported.
Within hours of the Sandoval’s name popping up in SCOTUS talk, he received a strong endorsement from Senate Democrats. Minority Leader Harry Reid (D-Nev.) told CNN that “if [Sandoval] were picked, I would support the man.”
The White House may even be able to peel off one GOP Senator. In a statement issued last week, Sen. Dean Heller (R-Nev.) made a cryptic reference to a possible Sandoval appointment.
“Should [Obama] decide to nominate someone to the Supreme Court, who knows, maybe it’ll be a Nevadan,” Heller said.
On Wednesday, President Obama penned an op-ed on SCOTUSblog.com, describing what he’s looking for in nominee. “He or she will have an independent mind, rigorous intellect, impeccable credentials, and a record of excellence and integrity,” the President said.
