Sen. Joe Manchin (D-W.Va.) says he would not support President Joe Biden filing another Supreme Court vacancy weeks before the 2024 presidential election.
On Monday, Manchin was asked if he would support filling another Supreme Court vacancy “later in the year closer to the election.” He responded, “I’m not going to be hypocritical on that.”
“If it comes a week or two weeks before like it did with our last Supreme Court nominee, I think that’s a time it should go to the next election,” he added.
While some on Twitter initially interpreted his comments as a statement that he would not support filling a vacancy before the 2022 midterms — despite voting to confirm Justice Brett Kavanaugh before the 2018 midterm elections.
https://twitter.com/_EthanGrey/status/1493351152766750720
However, he later clarified, “I was referring to that election, before a major presidential election.”
That view is consistent with the stance he took during Justice Amy Coney Barrett’s 2020 confirmation process.
In Sept. 2020 statement, Manchin said, “Rushing to confirm a Supreme Court nominee weeks before a presidential election has never been done before in the history of our nation and it will only fan the flames of division at a time when our country is deeply divided.”
“I will not vote to confirm Judge Coney Barrett or any Supreme Court nominee before Election Day on November 3rd. I urge my Republican friends to slow down, put people before politics, and give their constituents a chance to vote,” he added.
However, at this point, it is too early to know if Manchin’s stance would make a difference in a confirmation fight.
With the Senate currently evenly split, Republicans need to pick up just one seat to flip control of the chamber which could hamper Biden’s efforts to fill another Supreme Court vacancy without Manchin’s vote.
Alternatively, if Democrats pick up one or two seats in the midterm elections, it is possible that there would be enough Democratic votes to overcome Manchin’s opposition to filling another vacancy shortly before the presidential election.