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Senate prepared for any Supreme Court opening, Grassley says

Steven T. Dennis, Bloomberg News on

Published in News & Features

WASHINGTON — Senate Judiciary Chairman Chuck Grassley said his committee will be “fully prepared” to process a Supreme Court nomination if a justice retires at the end of this term, and he would recommend President Donald Trump appoint either Texas Senator Ted Cruz or Mike Lee of Utah to fill the vacancy.

Asked Tuesday whether he thought Samuel Alito, 76, would retire, Grassley told reporters he hopes that doesn’t happen, but he’s ready if it does.

“If he does retire, I’m going to suggest that either Lee or Cruz be put on the Supreme Court,” Grassley said.

Speculation has been growing in Washington over whether Alito or another senior conservative justice, Clarence Thomas, 77, might retire to ensure Trump can name a replacement, given that odds have increased that Democrats take control of the Senate next year. Neither justice has indicated he intends to retire when the court’s nine-month term ends in late June or early July.

Republicans were able to cement a conservative supermajority on the court — and an end to the landmark Roe v. Wade abortion-right ruling — in part because the late Ruth Bader Ginsburg didn’t retire before Republicans took over the Senate in the 2014 midterm elections.

There is some recent precedent for partisan control in the Senate complicating a president’s Supreme Court selection. If Democrats take control of the Senate, they could block any Trump pick to the high court, just as Republicans did to President Barack Obama in 2016 following the death of conservative justice Antonin Scalia.

Lee, who frequently gives long speeches talking about the history of the Supreme Court and rulings he abhors, didn’t rule out accepting a nomination when asked Tuesday.

 

“I like my job, I’m not interested in shopping for another one. But it’s a bridge I would have to cross, if and when it arrived,” he said in a brief interview at the Capitol.

Cruz, however, said he was a “hell no” on a high court seat for himself.

“I think Mike Lee would be a phenomenal Supreme Court justice,” Cruz said. “I am certainly honored and humbled to be discussed in that context, but I have zero interest in serving on the court.”

Cruz said the reason he is a “hell no” is that a judge’s role is to stay out of politics and it’s not what he wants to do. “I want to be right in the middle of fighting for 32 million Texans,” he said.

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