The fate of a controversial judicial nominee who has faced stern GOP opposition may come down to attendance, leading to pressure on Senate Republicans to “show up” after several of them did not vote during a key juncture last week.
Conservative activists sounded off as U.S. Attorney Kevin Ritz of Tennessee, whom President Joe Biden picked to become a U.S. Circuit Judge for the Sixth Circuit Court of Appeals, could pass his final confirmation test as early as Monday.
Warning of Democrats pushing “radical and unqualified judicial nominees,” Judicial Crisis Network President Carrie Severino told The Daily Wire, “With a tightly divided chamber, Senate Republicans not showing up for key judicial votes is an own goal.”
May Mailman, director of the Independent Women’s Law Center, said, “Wake up Senate Republicans. Here we have an attorney accused of unethically pursuing criminal charges, using his government post to pick and choose winners.”
She also told The Daily Wire, “That’s exactly the weaponized DOJ our nation cannot survive. Nothing could be more concerning for a lifetime judicial appointment. Show up for this, because American citizens deserve a fair judiciary.”
Republican lawmakers have raised concerns about claims that Ritz has acted unethically as a prosecutor, including allegations that he misrepresented the terms of a plea deal and went too soft on defendants accused of gun crimes.
Sen. Marsha Blackburn (R-TN) charged the White House did not “properly” consult herself and Sen. Bill Hagerty (R-TN) about Ritz, given they are his home-state senators and would traditionally have “blue slip” authority to block him.
During his confirmation hearing, Ritz said he had a “clean ethical record,” according to Bloomberg. Democrats shrugged off the criticism and said Republicans set a precedent of ditching home-state deference under the Trump administration.
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The Senate is narrowly controlled by the Democrats thanks to the independent members who caucus with them. Overall, there are 49 Republicans, 47 Democrats, and four independents with an election coming up that could shift the balance.
By an 11-10 vote along party lines, the Judiciary Committee advanced Ritz’s nomination in May, and last week the Senate voted 49-42 to invoke cloture in a move that paved the way to a final vote expected to happen late Monday afternoon.
Nine senators, including eight Republicans, did not vote on cloture for Ritz. Sen. Kyrsten Sinema (I-AZ) joined with the Republicans who did show up in opposing it. All voting Democrats and the other independents voted to move forward.
Sen. Joe Manchin (I-WV) vowed earlier this year — when he was still registered as a Democrat — that he would reject any judicial nominee who did not get GOP support, but he ended up voting last week to advance Ritz’s nomination anyway.
Axios reported a Manchin spokesperson said the senator “was not prepared to play” along with the opposition to Ritz, claiming it was “largely based on political reasons as to how the WH handled the process, and not on his qualifications.”
The outlet also noted that Senate Majority Leader Chuck Schumer (D-NY) is planning a “blitz” of confirmation votes in the final weeks of Biden’s administration to beat the 234 mark achieved under Trump. Biden reportedly has 207.
Severino lamented how Manchin sided with Democrats in the Ritz cloture vote, telling The Daily Wire, “It’s disappointing to see Senator Joe Manchin kowtowing to Senator Schumer. So much for his purported moderation and independence.”
