Vulnerable Senate Republicans Say No Scalia Replacement Under Obama

WASHINGTON -- Two of the most vulnerable Senate Republicans in the 2016 elections say they do not support moving forward with a Supreme Court nominee put forward by President Barack Obama.

"We're in the midst of a consequential presidential election year, and Americans deserve an opportunity to weigh in given the significant implications this nomination could have for the Supreme Court and our country for decades to come," Sen. Kelly Ayotte (R-N.H.) said in a statement Sunday. "I believe the Senate should not move forward with the confirmation process until the American people have spoken by electing a new president."

"I strongly agree that the American people should decide the future direction of the Supreme Court by their votes for president and the majority party in the U.S. Senate," Sen. Ron Johnson (R-Wis.) also said Sunday.

Immediately after news broke of conservative Supreme Court Justice Antonin Scalia's death, Washington began speculating on whether Obama would be able to get a nominee through the Senate -- a move that could shift the ideological direction of the court more than any other appointment in the last 25 years.

Obama announced Saturday night that he plans to nominate someone when the Senate returns from its recess on Feb. 22.

But Senate Majority Leader Mitch McConnell (R-Ky.) has already told Obama not to expect any success, saying the Scalia vacancy "should not be filled until we have a new President."

Obama would have an uphill battle even in normal circumstances, since Republicans have a majority in the Senate. But McConnell and other Republicans are saying that they may not even bring Obama's nominee to the floor for an up-or-down vote for the rest of the year. (On average, it takes the Senate a little over two months to bring a Supreme Court nominee up for a vote.)

McConnell, of course, wants to wait until after the election, in hopes that the country chooses a Republican president.

That strategy, however, could backfire in the 2016 election, where Democrats have a real chance of taking back the Senate. As Politico noted, "After Republicans spent 2015 arguing that they have sped up congressional business and made Washington work since taking full control of Congress, blocking a Supreme Court nominee could put [vulnerable senators] in a tough spot."

"If Mitch McConnell and the GOP caucus follow through on their alarming plan to obstruct this Constitutional process, then voters will ensure they will not keep the majority for long," said Democratic Senatorial Campaign Committee National Press Secretary Lauren Passalacqua.

Democrats have to defend only 10 seats in 2016, the residual benefit of the shellacking they took in 2010 when tea party Republicans swept into office. The GOP, meanwhile, needs to defend 24 -- and six of them are in states that Obama won twice. The two Democratic seats most at risk are in Nevada and Colorado.

Ayotte and Johnson are among the Senate Republicans considered most at risk in 2016. Ayotte is facing a challenge from New Hampshire Gov. Maggie Hassan (D) and Johnson is defending his seat against Russ Feingold (from whom he won it in 2010).

Sens. Mark Kirk (R-Ill.), John McCain (R-Ariz.), Rob Portman (R-Ohio) and Pat Toomey (R-Pa.), who are also facing tough re-election races, did not return requests for comment.

Sen. Richard Burr (R-N.C.) was considered one of the most vulnerable GOP senators, but he has yet to attract a serious Democratic competitor. He is, however, facing primary challengers. Burr said he believes the "vacancy left open by Justice Antonin Scalia should not be filled until there is a new president."

On Saturday, Senate Minority Leader Harry Reid (D-Nev.) condemned Republicans for saying they don't even want to move forward with a potential Obama nominee.

"It would be unprecedented in recent history for the Supreme Court to go a year with a vacant seat," he said. "Failing to fill this vacancy would be a shameful abdication of one of the Senate's most essential Constitutional responsibilities."

Michael McAuliff contributed reporting.

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