Washington Free Beacon editor-in-chief Matthew Continetti spoke Monday night on EWTN News about the Supreme Court opening left by Justice Anthony Kennedy's retirement, saying the best route for the White House is to make the confirmation fight about judicial philosophy.
Democrats have decried the candidates on President Donal Trump's list of potential Supreme Court nominees as extreme and called them fringe candidates who will overturn Roe v. Wade. Continetti told host Jason Calvi that the White House will select someone who can't be pinned down on Roe v. Wade and will focus on judicial philosophy.
"What the White House wants is a nominee who will be very hard to pin down on the Roe question, which means the fight will really be over judicial philosophy. And if the fight is over judicial philosophy, the White House wins easily," Continetti said.
Kennedy announced last week he would retire, effective July 31, giving Trump the opportunity to make two appointments in two years to the nation's highest court. The vacancy sets up a bitter confirmation fight right before the midterm elections, where Republicans only have a single vote majority in the Senate. Despite the slim majority, Senate Republicans only need a 51-vote majority to confirm the Supreme Court nominee after Senate Majority Leader Mitch McConnell (R., Ky.), changed the rules to allow it in the case of Supreme Court justice confirmations. McConnell's move followed the precedent set by previous Senate Majority Leader Harry Reid (D., Nev.) when he eliminated the filibuster for judicial nominees and presidential appointments in 2013.
Calvi asked Continetti about Sen. Chuck Schumer's (D., N.Y.) tweets that signaled out one potential Supreme Court nominee, Amy Barrett. Barrett, 46, was recently appointed on the U.S. Court of Appeals for the Seventh Circuit after being confirmed by the Senate. During her last confirmation hearing, Democrats targeted Barrett for her Catholic faith. Sen. Dianne Feinstein (D., Calif.) attacked Barrett for the influence her Catholic faith might have, insinuating that, "the dogma lives loudly within [her]."
"Well I think Schumer's tweets might have been directed at an audience of one and that is Senator Collins whose vote is so important to the confirmation of President Trump's pick," Continetti said. "I also think there is a chance that Sen. Schumer may be trying to goad President Trump into nominating Judge Barrett, who he thinks has a higher chance of being opposed by Senators Collins and Murkowski."
"Because she has- is on the record on [opposing] Roe v. Wade?" Calvi asked.
"That's right," Continetti responded.
Continetti added that while the Supreme Court nomination creates some discord among Republicans, it more thoroughly divides Democrats, putting particular pressure on Democratic lawmakers running for reelection this year in states Trump won.
"A lot of these senators who are up for reelection on the Democratic side are going to be put in a vice," Continetti said. "Especially Sen. Claire McCaskil (D.) from Missouri. She's already in a tough race against the AG there, Josh Hawley. And she's now going to be put in a place where voting against President Trump's nominee will be very unpopular with a lot of rural Missourians."