Supreme Court fight shows GOP wants to steer clear of Trump | TheHill – The Hill

Republicans on the Senate Judiciary Committee didnt use their marathon question-and-answer session with Judge Ketanji Brown JacksonKetanji Brown JacksonRomney planning 'a much deeper dive' on Jackson after opposing her for appeals court House passes bill to honor Ginsburg and O'Connor with Capitol statues Collins to have follow-up call with Ketanji Brown Jackson MORE to challenge her about two high-profile decisions she issued that went against former President TrumpDonald TrumpTrump issues statement claiming hole-in-one on Florida course Pelosi: 'I fear for our democracy' if Republicans win House Jan. 6 panel votes to advance contempt proceedings for Navarro, Scavino MORE.

Instead, their focus was on other issues, a shift that marks the latest sign that Senate Republicans see Trump as more of a liability than an asset heading into the 2022 midterm elections.

While some Senate Republican candidates are clamoring for Trumps endorsement in this years primaries, Senate GOP incumbents dont want to inject the former president into the national conversation, fearing he could turn off moderate swing voters.

Republican strategist Vin Weber said GOP lawmakers believe theyre in good position to win control of the House and possibly the Senate in 2022 and the White House in 2024 because of President BidenJoe BidenPelosi: 'I fear for our democracy' if Republicans win House Jan. 6 panel votes to advance contempt proceedings for Navarro, Scavino Biden's 'careless remark' on Putin incenses GOP MOREs unpopularity and dont want to blow their chances by turning either election into another referendum on Trump.

Republicans believe there is very little that can screw up a new Republican majority, but there are a couple of possibilities: one is a completely unpredictable external event, the other is Donald Trump, he said. As Republicans assess the risk out there, that is one possible risk factor.

Republicans have a real interest in not elevating the Trump issue, if you will, whether it be advocating for him or defending his actions, he added. Thats a lot of what you saw in the Supreme Court hearing, a desire not to draw attention to Trump.

Jackson, a District of Columbia circuit judge and former D.C. district judge, ruled in cases involving to two sensitive issues related to Trump: allegations of Russian involvement on Trumps behalf in the 2016 election and the former presidents role in provoking the Jan. 6, 2021, attack on the Capitol.

Some conservative strategists identified Jacksons rulings in Judiciary v. McGahn and Thompson v. Trump as two that deserved scrutiny, especially her opinion in the first, where she declared presidents are not kings, which was later overruled on appeal.

Jackson took a direct shot at Trumps often-stated claims of executive privilege to rebuff attempts by Congress and other investigators to subpoena his associates or key documents.

This Court holds that Executive branch officials are not absolutely immune from compulsory congressional process no matter how many times the Executive branch has asserted as much over the years even if the President expressly directs such officials non-compliance, Jackson wrote in her November 2019 decision rejecting Trumps attempt to prevent former White House counsel Don McGahn from testifying before the House Judiciary Committee.

Conservative activists thought Jacksons rhetorical flourish contrasting presidents and kings went beyond what was warranted and could be interpreted as a sign of an activist political leaning that made her attractive to the liberal dark money groups that pushed her nomination.

Harvard Law School professor Alan DershowitzAlan Morton DershowitzSupreme Court fight shows GOP wants to steer clear of Trump Judging Biden's judicial nominees: Political hypocrisy switches parties Sunday shows preview: US deploys troops, briefs lawmakers amid Russia-Ukraine tensions MORE, who defended Trump in both of his Senate impeachment trials, criticized Jacksons reasoning, writing in The Hill that she does not seem to understand how our constitutional system of checks and balances is supposed to work.

In straying well beyond her role to decide only the cases and controversies before her, Judge Jackson has tilted the balance against the executive branch and in favor of the legislative branch, he argued, claiming her opinion should have been rendered in a five-page opinion instead of a 118-page historical essay.

Jacksons ruling in Judiciary v. McGahn was a potential vulnerability for the nominee because it was later overturned by the D.C. Circuit Court of Appeals, which ruled the House Judiciary Committee lacked a sufficient cause of action.

Thomas Griffith, a George W. Bush-appointed judge, wrote in the 2-1 majority opinion that Article I of the Constitution does not create a judicially remediable right to enforce a congressional subpoena against the executive branch.

Weber said the lack of interest in arguing Trumps cause during the Supreme Court confirmation hearing is one of several recent examples that show Trumps influence on the party is slipping.

One big development came last month, when former Vice President Mike PenceMichael (Mike) Richard PenceSupreme Court fight shows GOP wants to steer clear of Trump Pence blames Biden for North Korea missile tests: Trump administration 'stood up to Kim Jong Un' 'Cowboys for Trump' founder found guilty for role in Jan. 6 riot MORE, who had been careful to toe the presidents line during his four years in office, rebuked him for claiming Pence had the power to overturn the results of the presidential election on Jan. 6, 2021.

Pence delivered a more veiled criticism of Trumps praise of Russian President Vladimir PutinVladimir Vladimirovich PutinHouse Oversight launches probe into Credit Suisse ties to Russian oligarchs Biden's 'careless remark' on Putin incenses GOP Leon Panetta: 'All of us share moral outrage about Putin' MORE when he declared this month: There is no room in this party for apologists for Putin.

Another sign of the complicated politics of being allied with Trump was Rep. Mo BrooksMorris (Mo) Jackson BrooksThe Hill's Morning Report - Biden: `No' policy for Russia regime change Supreme Court fight shows GOP wants to steer clear of Trump Brooks's turn on Trump could give the Jan. 6 probe momentum MOREs (R-Ala.) decision to distance himself from the former president by urging him to put the 2020 election in the past. That prompted a furious Trump to accuse Brooks, who is running for Senate, of going woke and rescinding his endorsement.

A recent Gray TV-Alabama Daily poll showed Brooks a distant third in the primary, behind Mike Durant and Katie Britt.

If he understands that Republicans dont benefit by talking about the 2020 election, believe me, everyone else does too, said Weber, alluding to the prominent role Brooks took in calling for the election results to be challenged at the Jan. 6, 2021, joint session of Congress to tally the Electoral College vote.

The D.C. circuits ruling against Trumps effort to block the HouseJan. 6 committee from obtaining records from the National Archives was more successful. The Supreme Court last month rejected a petition by Trump to overturn that decision.

In that case, Jackson joined the majority opinion, which was written by Judge Patricia Millet, an Obama appointee.

The lack of interest among Senate Republicans in rallying to Trumps defense once they had a judge who ruled against him twice in high-profile political cases reflects a broad desire to move on to new issues and bury Trumps old grudges in the past.

Senate Minority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellJuan Williams: The GOP shows its true face Supreme Court fight shows GOP wants to steer clear of Trump Oscars hosts take aim at McConnell, Florida's 'Don't Say Gay' bill MORE (R-Ky.) and Minority Whip John ThuneJohn Randolph ThuneSupreme Court fight shows GOP wants to steer clear of Trump Rand Paul standoff throws Russia bills into limbo Why does Congress want China to win? MORE (R-S.D.) have repeatedly urged their colleagues to focus on fighting Bidens agenda instead of relitigating Trumps claims about election fraud in 2020.

Sen. Thom TillisThomas (Thom) Roland TillisSupreme Court fight shows GOP wants to steer clear of Trump Jackson faces growing GOP opposition on Supreme Court GOP shoots down Supreme Court boycott MORE (R-N.C.) said he didnt plan to ask Jackson about the McGahn decision because he covered that with the nominee when she appeared before the committee last year as part of her confirmation to the D.C. Circuit Court of Appeals.

Brian Darling, a GOP strategist and former Senate aide, said Jacksons rulings against Trump didnt really show her to be a nominee outside of the mainstream and that other elements of her record are more telling.

Those cases didnt really help the cause of defeating the nominee. I just dont think that those cases spoke enough to the idea that [Jackson]is out of the mainstream, he said.

He noted that rising conservative stars on the committee, Sens. Ted CruzRafael (Ted) Edward CruzSupreme Court fight shows GOP wants to steer clear of Trump What Ukraine shows us about American politics Military academies prepare to welcome parent-cadets for first time MORE (R-Texas), Josh HawleyJoshua (Josh) David HawleySupreme Court fight shows GOP wants to steer clear of Trump Tears of Justice The Memo: Democrats hope GOP overplayed hand in Jackson hearings MORE (R-Mo.) and Tom CottonTom Bryant CottonSupreme Court fight shows GOP wants to steer clear of Trump Four GOP senators who should go back to law school Biden is handing the midterms to the GOP MORE (R-Ark.), appeared to be more interested in their own presidential ambitions than fighting Trumps old battles.

Theres no doubt that when you look at Cotton, Hawley, Cruz, theyre all engaging in ... getting 2024 teed up if Trump doesnt run, he said.

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Supreme Court fight shows GOP wants to steer clear of Trump | TheHill - The Hill