Only a few hours passed between when Mitch McConnell heard about Justice Antonin Scalia’s death and his choice to block all efforts by Democrats to fill his seat.
That decision made in February 2016 while on vacation in the US Virgin Islands stands out as one of McConnell’s most significant decisions as Republican Senate leader.
He initiated this by rejecting President Barack Obama’s final Supreme Court nominee, arguing that there was not enough time left in the president’s second term. Throughout Donald Trump’s presidency, Republicans were able to fill three Supreme Court seats, solidifying a conservative majority of 6-3 that quickly overturned abortion rights, restricted affirmative action, undermined the administrative state, and expanded gun rights.
More than any legislative accomplishment, McConnell’s most significant legacy is his efforts to transform the federal judiciary, whose effects will last long after his time in office.
“Mitch McConnell recognized the policymaking potential of the federal courts and worked diligently – and achieved success – in filling numerous vacancies with young White conservative lawyers,” said Russell Wheeler, a scholar at the Brookings Institution specializing in judicial nominations.
Tipping the Balance
McConnell’s influence on the court is particularly evident following the Supreme Court’s reversal of Roe v. Wade, which resulted in a series of state abortion bans and is connected to an Alabama ruling that threatens in-vitro fertilization. Democrats still resent the decisions that led to one of the most conservative Supreme Courts in modern US history.
“He prevented Obama from filling the Supreme Court vacancy,” remarked Senate Majority Whip Dick Durbin (Ill.) on Wednesday. “It shifted the balance on the court, and we are facing the consequences now.”
Though Democrats have criticized many of McConnell’s tactics to impact the judiciary, conservative writer Mona Charen noted that both parties have employed similar strategies. Former Majority Leader Harry Reid (D-Nev.) used the nuclear option in 2013 to advance Obama’s federal judicial nominees.
“He had a deep understanding of parliamentary procedure and prioritized confirming judges above all else,” Charen, featured in a documentary titled “McConnell, the GOP & the Court,” remarked on McConnell’s highly effective judicial strategy.
Both Democrats and Republicans view McConnell’s influence on the courts as one of his most enduring legacies as a leader. Senator John Hickenlooper (D-Colo.) criticized McConnell’s methods to shift the judiciary rightward but acknowledged that McConnell’s top priority was clearly to “stack the courts.”
During his time as majority leader, McConnell guided over 230 of Donald Trump’s judicial nominees through the Senate, including the three Supreme Court justices. By the end of his tenure, Trump had appointed one-third of all federal appeals court judges.
Senator Marco Rubio (R-Fla.) described McConnell’s impact on the judicial system as “enormous – perhaps the most significant of any US senator in the modern era.” Senator John Kennedy (R-La.), disputing claims of McConnell “packing” the courts with Republicans, believed McConnell’s legacy would include recruiting conservative judges to the federal judiciary.
McConnell’s focus on the judiciary did not receive unanimous support within the GOP, as a growing faction within the party opposed many of his key initiatives. Senator Tommy Tuberville (R-Ala.), known for opposing McConnell by blocking military promotions this year, criticized the leader’s approach by emphasizing the significant financial outlay during his tenure.
Strategy
McConnell is credited with initiating the mechanisms and advantages that would benefit Donald Trump’s unprecedented impact on the federal courts.
Trump inherited numerous vacancies due to McConnell’s efforts to delay Barack Obama’s nominees during his time in office, which provided the Republican president a head start in appointing as many judges as possible at the beginning of his term.
His success in this area during the Obama years is epitomized by the Democratic president’s failure to nominate Merrick Garland to the Supreme Court after Scalia’s death, as McConnell led Republicans in refusing to hold a hearing or vote on Garland’s nomination.
Under McConnell’s leadership, Republicans in 2017 lowered the threshold for confirming Supreme Court justices from 60 to 51 votes, paving the way for the confirmation of Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett in the divided Senate.
Senator Lindsey Graham (R-S.C.) predicted that numerous members of his party would carry on McConnell’s focus on the judiciary. Republicans are well-positioned to regain the Senate in November if they can flip one or two seats, depending on which party wins the White House.