In a vintage return to his confrontational style, Sen. Ted Cruz indicated that Republicans could seek to block a Democratic president from filling the vacant Supreme Court seat indefinitely.
Cruz was unlikely to vote for any Democratic nominee given his conservative ideology, but his remarks could indicate a broader shift within the GOP to halt Democrats from shifting the court’s balance to the left. Sen. John McCain (R-Ariz.) said earlier this month the GOP would be “united” in blocking a Clinton appointment, remarks he later softened.
After staking his endorsement of Donald Trump on a list of potential conservative Supreme Court nominees, Cruz said on Wednesday that there is precedent to limiting the Supreme Court to just eight justices. Last week, Cruz’s colleague, Sen. Jeff Flake (R-Ariz.), suggested the GOP should confirm President Barack Obama’s nominee, Merrick Garland, to avoid having to swallow a more liberal nominee under Hillary Clinton.
“There will be plenty of time for debate on that issue … There is certainly long historical precedent for a Supreme Court with fewer justices. I would note, just recently, that Justice [Stephen] Breyer observed that the vacancy is not impacting the ability of the court to do its job. That’s a debate that we are going to have,” Cruz said, in remarks first reported by The Washington Post.
As is his nature, Cruz took a harder line when asked how Republicans would handle a potential Clinton nominee while campaigning in Colorado for Darryl Glenn, a longshot candidate for the Senate.