Sen. Kelly Ayotte said Wednesday that she’s open to considering Merrick Garland’s Supreme Court nomination — depending on the outcome of the presidential election and signals from Hillary Clinton.
Asked if she would support confirming Garland during a lame-duck session if Democrats win the White House in November, the New Hampshire Republican said it would boil down to whether Clinton would stick with President Obama’s nominee.
{mosads}”I’ve said very clearly from day one that the new president is going to weigh in on who they want to nominate. So if she is going to affirm that that will be her nominee as well, then absolutely I will be giving him full consideration,” Ayotte, who is in a tough reelection fight, told New Hampshire Public Radio.
Ayotte was one of dozens of GOP senators who met with Garland earlier this year, though most lawmakers used the courtesy huddles to explain why they didn’t agree with moving his nomination during an election fight.
“I believe that having the people weigh in in November is the right thing to do, given that we’re in the midst of a vigorous presidential election,” she told the New Hampshire Union Leader after her April meeting.
Only two GOP senators backed giving Garland a hearing or vote before the election, and GOP leadership has remained adamant that Justice Antonin’s Scalia’s seat will stay vacant until next year.
Republicans have argued that it’s not about Garland, but the principle that a Supreme Court vacancy shouldn’t be filled during an election year.
But Sen. Jeff Flake (R-Ariz.) — a member of the Judiciary Committee — told The Daily Beast “nobody really believes that” and said the current strategy is largely political.
“If this were the last year of a Republican presidency nobody would say that,” he added.
Flake earlier this year guessed that more GOP senators would come out in support of confirming Garland during the lame duck if Clinton wins the White House, rather than take their chances that the Democratic nominee could nominate someone more liberal.
He told to The Daily Beast earlier this week that GOP lawmakers should focus on getting the “most conservative justice” to replace Scalia.
“That ought to be the principle, and that would allow for us to go with Garland if the alternative is somebody more liberal,” he added.
Ayotte also told New Hampshire Public Radio on Wednesday she is “confident” GOP nominee Donald Trump would appoint qualified justices. She has not formally endorsed the GOP nominee, but has indicated she’ll vote for him.
“He’s put out a number of people who could be proposed names, and that’s not exclusive, but the Senate will look to make sure that whether Hillary Clinton or Donald Trump nominates someone that they’re qualified,” she added.
Trump announced an expanded list of potential picks for the Supreme Court earlier this month, including GOP Sen. Mike Lee (Utah), who has yet to endorse Trump.