Saturday, January 29, 2022

I THINK JAMES CLYBURN IS LIVING IN THE PAST

In a post earlier this week, I talked about Ketanji Brown Jackson, who seems to be at or near the top of President Biden's Supreme Court short list. Last night The Washington Post hinted that another candidate might be more likely:
The White House on Friday confirmed that President Biden is considering a South Carolina federal judge and favorite of House Majority Whip James E. Clyburn (D-S.C.) as a potential candidate for the Supreme Court.

The statement is the first time the White House has publicly confirmed a name under consideration to replace Justice Stephen G. Breyer....

Childs is a South Carolina judge who in December was nominated to the U.S. Court of Appeals for the D.C. Circuit....

But her confirmation hearing for the D.C. Circuit, scheduled in the Senate Judiciary Committee for Tuesday, was quietly postponed....

In response to inquiries from The Washington Post about the postponement, White House spokesman Andrew Bates said that Childs is “among multiple individuals under consideration for the Supreme Court.”

“And we are not going to move her nomination on the Court of Appeals while the President is considering her for this vacancy,” Bates said.
Biden greatly respects Clyburn, of course, and Clyburn might be in the process of persuading Biden that what he said on television a few days ago is true:
Clyburn told CNN on Wednesday that “several Republicans” would support Childs if she gets the nod from Biden, specifically naming South Carolina Sens. Lindsey Graham and Tim Scott.

“I want us to make sure that it is a Black woman, I want to make sure that it's a woman that will get universal support. When I say universal I mean bipartisan support,” Clyburn said.

“And I know that Michelle Childs will have support of several Republicans, including the two Republican senators from South Carolina,” he added.

The majority whip sounded a similar note during an interview with ABC News Wednesday night when asked how concerned he is by the possibility of Vice President Harris having to break a tie for Biden’s Supreme Court nominee....

“I don’t think that will happen,” Clyburn said, pointing to GOP support for Childs.
Clyburn may believe that he'll get those Republican votes if Biden nominates Childs. I don't. Yes, it's true that when Childs was appointed to be a U.S. district judge she was confirmed on a voice vote -- but that was in 2010, when Republicans were somewhat less of a scorched-earth party than they are now.

Tim Scott might vote for a fellow South Carolinian, but please note that he's voted to confirm only 3 of the 42 district court and appeals court judges President Biden has seated, according to FiveThirtyEight.

Lindsey Graham has been more old-fashioned -- he's voted yes on 26 of the 42. But I bet he still thinks he owes Democrats payback for what he histrionically called the "unethical sham" of the Brett Kavanaugh hearings.

I don't believe this nominee, whoever it is, will get a single Republican vote. Republicans are playing the race card now -- there's Senator Roger Wicker saying that a Black female appointee will be an affirmative action beneficiary -- but it's also important to note that they think they have Biden on the ropes, and giving his pick even a single vote would be a sign of weakness going into the midterms. I'm sure they believe a solid wall of resistance will drive Republican turnout. I think they're right. (It would be nice if it also drove Democratic turnout.)

The president has shown signs recently that he knows he'll never get the bipartisan comity he was hoping for when he ran. But Clyburn continues to hope, and he might persuade Biden that hope is reasonable in this situation. If so, I think those hopes will be dashed.

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