ATLANTA — Just days following the passing of U.S. Supreme Court Justice Ruth Bader Ginsburg, Senate Republicans have said they plan to move forward to confirm President Donald Trump’s selection for the nation’s highest court.
On the short list of the president’s nominations is Cuban American Judge Barbara Lagoa, who has ties to Atlanta.
Despite calls from Democrats to push the nomination off until after the November election, constitutional law experts told Channel 2′s Audrey Washington that the law is on the president’s side.
“The Constitution does give the president the right to nominate federal judges, including Supreme Court judges,” Georgia State University Constitutional law professor Eric Segall said.
Lagoa, one of two women on the president’s short list, currently serves on the Atlanta-based 11th U.S. Circuit Court of Appeals.
Most notably, in the year 2000, Lagoa was one of a number of lawyers who represented the family of Elian Conzalez, the Cuban boy who made national headlines after he became involved in an immigration and custody controversy.
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Segall said with a 53 to 47 majority, Democrats need a total of four Republicans to vote no to stop any Supreme Court nomination by Trump.
“If he doesn’t get the votes because a 4th or 6th senator comes along, then there will be repercussions for that Senator,” Segall said.
In 2016, when justice Antonin Scalia died, Republicans withheld a vote for nine months on President Barack Obama’s Supreme Court nominee.
They stated at the time that the next president should make the nomination.
Now, Senate Democrats say it would be hypocritical to proceed with a confirmation so close to the November election.
“My prediction is Trump will be able to get this nominee on the court. If so, Republicans will have a strong 6-3 majority. If the Democrats win both the presidency and the Senate, and it would take that, then I have no doubt that Dems would add at least two seats to the court,” Segall told Washington.
So far, only two Republicans have said that the nomination should be delayed until after the election.
Cox Media Group
