Almost every Senate Democrat has come out against President Trump’s plan to rush through a replacement for the late Supreme Court Justice Ruth Bader Ginsburg, saying the nomination should wait until after the looming elections.
Every Senate Democrat but one – Arizona Sen. Kyrsten Sinema.
While other Democrats were using language like “shameful,” “brazen hypocrisy,” “horrible precedent” and “theft” of a Supreme Court seat in what they called a power grab, Sinema has only commented on Ginsburg’s legacy after the justice’s death Sept. 18.
Political analysts said Sinema’s silence is not surprising given her carefully cultivated image as bipartisan and moderate.
“If you’re going to be a Democrat that wins in a traditionally red state, you’re not going to be a super-progressive liberal democrat, you’re probably going to be more moderate,” said Frank Gonzalez, an assistant professor at the University of Arizona School of Government and Public Policy.
He said Sinema is a politician who wants to be viewed as an “independent thinker,” a posture echoed by Garrett Bess, vice president of government relations at the Heritage Foundation.
“I think it tracks with sort of her … quasi maverick-type record,” Bess said.
But it did not sit well with some progressive Democrats in Arizona.
“This is going to affect the country for another 30, 40 years,” said Signa Oliver, co-lead for Desert Progressives Indivisible. “Open your mouth.
“Those of us that knocked on doors for her to get her elected, have been very disappointed several times with her inability to, you know, step forward and represent the Democratic Party principles that we elected her to do,” Oliver said.
Sinema’s office did not respond to requests for comment on her position – or lack thereof – leaving her weekend tweet expressing “gratitude and service to our country” as her only comments on Ginsburg and the court vacancy she left behind.
Within hours of Ginsburg’s death last Friday, by contrast, Senate Majority Leader Mitch McConnell released a statement promising a Senate vote on Ginsburg’s replacement.
“We pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary,” McConnell’s statement said. “President Trump’s nominee will receive a vote on the floor of the United States Senate.”
Most Republicans, including Arizona Sen. Martha McSally, rushed to agree with McConnell. But Democrats were livid.
Trump announced Sept. 25 7th U.S. Circuit Court of Appeals Judge Amy Cooney Barrett as his nominee.
Democrats have repeatedly brought up McConnell’s refusal in 2016 to even grant a hearing to President Barack Obama’s Supreme Court nominee, Merrick Garland, because it was an election year. McConnell, who delayed action for almost the entire year, said then that voters should have a say in who makes the choice.
“Unfortunately, Sen. McConnell has decided to go against Justice Ginsburg’s dying wishes and is cementing a shameful legacy of brazen hypocrisy,” Sen. Bernie Sanders, I-Vermont, said in a tweet the night of Ginsburg’s death. “The right thing to do here is clear, and Senate Republicans know it. We should let voters decide. Period.”
Even moderate Democrats jumped to criticize McConnell and the White House for rushing to fill the seat, an appointment that could give conservatives an unassailable 6-3 majority on the court.
“The American people deserve to choose the president who will fill this vacancy,” said Sen. Tom Carper, D-Del., the co-chair of the Moderate Democrats Working Group. “I will oppose any Supreme Court nominee until after Inauguration Day, and I will do everything I can to fight for fairness.”
Oliver said Sinema needs to speak up.
“They stole Merrick Garland’s seat, and you’re going to be silent or possibly vote with them to give them another seat? That’s unacceptable,” she said.
But political experts say it is not surprising that Sinema is in no rush to be grouped in with the Democratic establishment.
In her 2018 campaign for Senate, Sinema ran as a middle-of-the-road independent. Since taking office she has voted in line with the Trump administration 26.3% of the time, toward the upper end of the votes by moderate Democrats, according to a FiveThirtyEight vote tracker.
But that is not necessarily a liability for Arizona politicians, analysts said, invoking the late Republican Sen. John McCain who was often at odds with his party.
Voters in Arizona do not seem to be as bound by national party ideology as voters in other states, said Samara Klar, an associate professor at the University of Arizona School of Government and Public Policy.
While she and others said they would be surprised if Sinema voted for Trump’s nominee, Klar said Sinema is probably making a safe bet by not coming out against a Republican nominee now.
“The safer play for Arizona politicians generally is to try to straddle the middle as much as they can given how voters here see themselves,” Klar said.
Gonzalez said that taking a hard stance against Senate Republicans now would not be “worth the risk of giving a Republican challenger a talking point in four years” when Sinema will be up for re-election.
And by taking her time and hearing how Arizonans are feeling about the process before making a statement, Sinema is also reinforcing her brand, Bess said.
“The advantage for holding back a statement is to continue showing that she is willing to listen, willing to hear,” Bess said.
But Oliver said the people Sinema should be listening to are “the people that put her in office” or they will find someone else to support.
“If she does the wrong thing on this important issue, I will never knock on another door, I will not have another petition signed for her, I won’t do anything else for her,” Oliver said.
The irony in this whole thing is that if the tables were turned, the Dems would be doing EXACTLY the same thing: nominating a replacement justice and not waiting until after the elections. Talk about hypocrisy.
Sinema is doing the right thing here. Democrats are famous for screaming “bloody murder” and then doing nothing about it. What is the point, after decades of political neglect, leaving Republicans to control the courts, to now have a temper tantrum about it. The problem is not those evil Republicans. In the words made famous by Pogo “we have seen the enemy, and it is us”. I say, quit complaining and do something. Sinema is doing something.
A very sensible Senator , who won an election not appointed