Republican Senator Wants to Pick a Better Battle Than Black Supreme Court Nominee

(Bloomberg) -- Some Republicans say they are worried that overheated rhetoric about President Joe Biden's promise to nominate a Black woman to the Supreme Court could backfire, detracting from arguments about the pandemic and the economy in this year's midterm elections.

North Dakota Senator Kevin Cramer said Wednesday that since anyone Biden picks to replace the retiring Justice Stephen Breyer will not change the ideological slant of the nation's high court, it's not worth a fight that could risk upending midterms in which Republicans are currently expected to do well.

“Let's not change the momentum of this midterm election because we're not going to change the makeup of the court, so why spend a lifetime on that hill?” Cramer said. “I think it's pretty obvious Democrats would rather see us fight about that than the other things because we win all the other fights.”

Biden's commitment to selecting from a pool of Black female judges has prompted objections from several Republican senators. 

Mississippi Senator Roger Wicker called it “affirmative action” and a “quota,” and Texas Senator Ted Cruz said it was “offensive” because in his calculation, only 6% of Americans were Black women. Politico reported that Senator John Kennedy of Louisiana said he wanted a nominee who could distinguish “between a law book and a J. Crew catalog.”

With Biden's approval ratings low and inflation high, Republicans are poised for possible gains in the House and Senate in the November election and possibly control of Congress.

Senator Lindsey Graham, a South Carolina Republican, said he supported the idea of making the Supreme Court “look like America.” He is backing Judge Michelle Childs, a federal judge in his state, to get the nomination.

For now, Republican pollster Robert Blizzard, who tracks suburban voters, said voters are more focused on issues like inflation, the price of gas and whether schools will remain open. He said it would take “a pretty aggressive line of attack” for the nomination to draw enough attention to make a difference in the midterms.

Karundi Williams, executive director of the progressive group Re:power, said she expects the attacks will continue and even intensify once Biden names a nominee. She said a successful confirmation could boost Biden's flagging numbers with Black voters who have been disappointed by the failure to pass a voting rights bill.

But she said some Republican attacks so far have been “way too obvious” and may also end up turning off suburban voters, especially women. 

“This type of divisive hateful rhetoric, with race being at the center of it, is not a winning strategy,” she said.

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