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With speculation rife about who would be replacing Supreme Court Justice Stephen Breyer, many lawmakers have already weighed in on the topic. West Virginia Democratic Senator Joe Manchin recently walked back his previous comment claiming that he would not support a Supreme Court confirmation ahead of the upcoming midterm elections.
Speaking with CNN correspondent Manu Raju, Manchin clarified his previous comment, saying that he “misspoke” and that he would only oppose filling a Supreme Court vacancy a few weeks before a presidential election is taking place and not on a midterm election. While Raju noted the clarification, his question to Manchin was regarding the midterm elections.
An hour prior to making the clarification, Manchin told Raju that he would oppose any effort to fill a hypothetical Supreme Court vacancy should it happen a few weeks before the 2022 midterm elections. At the time, Manchin cited his opposition to the then-GOP-controlled Senate’s move to confirm Justice Amy Coney Barrett not long before the 2020 elections and weeks after the death of Justice Ruth Bader Ginsburg.
The original comment drew some criticism, with some pointing out that Manchin voted to confirm Justice Brett Kavanaugh a month before the 2018 midterm elections. Kavanaugh was confirmed despite facing allegations of sexual assault. However, the vacancy that Kavanaugh filled opened months prior.
None of the hypotheticals apply to the current vacancy that Breyer would leave. Breyer announced that he seeks to retire at the end of the high court’s term in the summer, provided that his successor is already chosen and confirmed by the Senate. Manchin said that Democrats are handling the move to choose Breyer’s successor appropriately.
Despite being on the same page as his fellow Democrats in Congress, Manchin has still received a lot of criticism for opposing the social and climate infrastructure legislation that has already passed the House. Manchin has also drawn backlash for opposing changes to the Senate filibuster regarding voting rights last month.
Previously, Manchin cited another reason for opposing the Build Back Better infrastructure bill during an appearance on CNN. Manchin said that the bill did not go through the committee and went straight to the Senate floor for a vote. This is despite the bipartisan infrastructure bill that has now become law, also having bypassed the committee and going to the floor for a vote.
