Some Democratic Senators and their allies are beginning to argue that there should not be a Supreme Court until after the November elections, and that there should be none at all, as long as the President is prosecuted. 19659002] Special Adviser Robert Mueller investigates President Donald Trump as part of his investigation into Russia's intervention in the 2016 elections to defeat Hillary Clinton. Trump is not a criminal target of Mueller.
During a court hearing on Thursday, Senator Cory Booker (DN.J.) stated that contesting the investigation could well end up in the Supreme Court's case ̵
"If we do not thoroughly discuss what it means to have a president with this ongoing investigation, who will now question the Supreme Court judges and possibly continue with his tradition, litmus tests, loyalty tests, for that person we could attend a trial that could undermine this criminal investigation, "said Booker. "I do not believe that this committee should or can scrutinize, with a good conscience, a candidate nominated by this President until the conclusion of this inquiry."
Sen. Jack Reed (DR.I.) mentioned in his statement on the upcoming retirement of Justice Anthony Kennedy on Wednesday also the Russia investigation and said the Republicans would "disrupt the serious investigation of the pro-Trump campaign in Russia" a candidate by  And a group of Iowans – state legislators and progressive groups – leaked a statement Thursday stating that Senator Chuck Grassley (R-Iowa), who heads the Judiciary Committee, "can not go forward with another theft on behalf of a president , which is being investigated by the Ministry of Justice for obstructing the judiciary and colluding with a foreign government. "
The argument" no new judges while the president is being investigated "still did not have a significant amount of pickup from senators, even though it was among activists and generates enthusiasm in social media.
But other Democrats argue that denying the President a candidate for the Supreme Court is a losing strategy. Their main goals are 1) to hold the Democratic Caucus together in the vote against a Trump candidate and 2) hopefully to win Sens. Susan Collins (R-Maine) and / or Lisa Murkowski (R-Alaska) by convincing them that candidate is extreme.
The democratic base may be upset over the Russia probationary argument – which could be very helpful to the party – but it might not work so well in someone like Sen. Joe Manchin (DW.Va.), one of the three The Democrats who voted for Trump's last Supreme Court choose Neil Gorsuch.
In fact, Manchin clarified on Wednesday that he believes Trump has the right to choose a candidate. "Senators have a responsibility to do our job as elected officials," he said, "and this includes our constitutional commitment to advise and approve a candidate to fill that post of the Supreme Court."
The investigation into Russia is likely to come more when Trump appoints Brett Kavanaugh, a Circuit Court judge who is on the presidential candidate list. Kavanaugh is one of the most outspoken proponents of the theory of the unitary executive – essentially the full power of the president over the executive – and the Democrats would undoubtedly urge him on his views on the Veronese's constitutionality and other probing issues.
Trump and his GOP allies in the Senate have said they want a candidate for the November election. Democrats have claimed that they are hypocrites, as the Senate Majority Leader Mitch McConnell (R-Ky.), Merrick Garland, the candidate of President Barack Obama, who replaced the late Judge Antonin Scalia in March 2016, rejected. McConnell argued at the time that confirmation from the Supreme Court was not to take place until after the elections.
Trump of course won this election, and he nominated Gorsuch for the bank, taking the place of the Liberals and securing a 5-4 conservative majority.
So far, McConnell has not been influenced by the allegations of hypocrisy, saying that he intends to occupy this position of the Supreme Court because it is not a year of presidential election.