What might be the SCOTUS effect on the Senate race?

Insert shrug emoji here.

Rep. Beto O’Rourke

In recent weeks, the race between U.S. Sen. Ted Cruz, R-Texas, and U.S. Rep. Beto O’Rourke, D-El Paso, has largely revolved around immigration, playing out in detention centers along the southern border and over immigration bills in Washington.

But U.S. Supreme Court Justice Anthony Kennedy’s abrupt retirement announcement Wednesday sent shockwaves throughout the country — and quickly turned the two Texans’ attention to the nation’s highest court.

“After today, this race to represent Texas in the Senate matters more than ever,” O’Rourke wrote on Twitter Wednesday.

“Fully agree,” Cruz replied Thursday in his own tweet. “And the overwhelming majority of Texans want Supreme Court Justices who will preserve the Constitution & Bill of Rights, not undermine our rights and legislate from the bench.”

[…]

Republicans are banking on the Supreme Court vacancy to turn out far-right voters who see it as an opportunity to push a conservative agenda through the courts.

“I think it actually energizes the Republican base, it makes people feel united,” Republican strategist Brendan Steinhauser said. “People seem to be very fired up. It seems very positive for Cruz.”

[…]

O’Rourke’s campaign is focusing on the importance of Democrats retaking the Senate and regaining control of the confirmation process for future nominees.

“The choice is clear: we can either have Ted Cruz or Beto in the Senate voting on Supreme Court nominees,” the O’Rourke campaign’s fundraising email said. “Someone who will vote for the agenda of special interests and corporations or someone who will vote for the people of Texas. We need to work every single day to cut Cruz’s narrow lead and ensure it’s Beto.”

Both sides can plausibly argue that the SCOTUS nomination process will fire up their base, and both sides can plausibly argue that the the people getting fired up on the other side are the ones who were already the most engaged and likely to vote. Personally, I always find it interesting when the Republicans talk about exogenous forces that fire up their base. I mean, had they actually been worried about that before now, all their tough talk to the contrary? Good to know.

I mean look, we can speculate all we want. It’s great sport. I just want to note that we have a decent amount of polling data right now, with a fairly narrow range of results, and plenty of data relating to the national atmosphere, like the generic Congressional ballot. If there is an effect, we’ll notice it, one way or the other. So speculate away, but pay attention to the data.

For what it’s worth, I think the best Democratic tactic is to hammer the idea that a President who is under criminal investigation does not get to nominate someone for a position that will get to rule on matters related to that investigation. Wait till the Mueller investigation wraps up, and then proceed. If that takes too long for the Republicans, maybe next time they will support a Presidential candidate who doesn’t need to be criminally investigated. It’s not just elections that have consequences.

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3 Responses to What might be the SCOTUS effect on the Senate race?

  1. Manny Barrera says:

    I support Beto both with money and volunteer work, but the state races are just as important, if not more important.

    I don’t think, but I may be surprised, that the Democrats can stop an appointment. Remember three Democrats voted for the last appointment.

    The religious fanatics were already on board for Trump, they will come back out to vote, but they are only about 30% of Republicans. Need to get people out to vote, every single candidate out there needs to be knocking on doors and calling people.

  2. Christopher Busby says:

    If McConnell confirms the nominee before the election, as he has promised to do, the motivating force to vote based on this issue will be waned among the GOP. Expecting voters will show up out of gratitude is unlikely. On the other hand Democrats will be pissed and more likely to vote. Politically McConnell would be best suited to wait for confirmation until the lame duck sessionbut I doubt he waits. This is the centerpiece of his career and he has sacrifices a lot of the Senate’s cooperation, rules, order, civility, and functionality in order to get this.

  3. Manny Barrera says:

    He probably won’t wait, because to do may mean that after November the Senate may flip, plus they need pressure on the Democratic Senators running in November in Russian states.

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