Analysis: Here's why President Biden should be able to win a Supreme Court fight. - jonallendc
At the same time, amid news that Justice Stephen Breyer plans to retire later this year, Biden is now sitting in the one spot — the Oval Office — where the stakes of a nomination fight are the highest. His choice seems destined to be among the most consequential of his presidency, as much for what it says to voters about his competence and savvy as for the legacy he hopes to build in appointing a liberal, and the first Black woman, to the court.
There is plenty of reason to think Biden faces a particularly tough challenge in getting a nominee confirmed before the Senate's 2023 session starts, when there could be a Republican majority in place. He has struggled to get two senators in his own party — Joe Manchin, D-W.Va., and Kyrsten Sinema, D-Ariz. — to support major pillars of his domestic agenda, and he will probably need all 50 of his party's votes to win a confirmation fight.
"If this is the new norm, you’d better watch out for your nominees," he said to reporters during Kavanaugh's hearings. Amid the shouting, only one thing will really matter: whether Biden has the votes. Manchin, by far the most conservative member of his caucus, voted for two of then-President Donald Trump's three justice nominations. But he voted with all Senate Democrats against Amy Coney Barrett in 2020.
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