Bench Memos

Law & the Courts

Internecine Conflict among Progressives Intensifies over Supreme Court Pick

Politico reports this morning on the growing divides among Senate Democrats and progressive interest groups over President Biden’s Supreme Court pick. As the story notes, some on the Left have attacked Judge Michelle Childs, a favorite of Representative Jim Clyburn, because she worked for a law firm that represented employers in labor disputes. Labor interests are apparently most concerned, even though Judge Childs has the backing of her home-state’s AFL-CIO. But some labor-aligned Senators, such as Ohio’s Sherrod Brown, seem comfortable with Judge Childs as a potential nominee.

According to the Politico story, progressive groups are fighting over whether various potential nominees are sufficiently progressive. Others, however, press the need for a nominee who can attract at least a few Republican votes (particularly since the Democratic caucus is temporarily down to 49 because Senator Ben Ray Luján is in the hospital after suffering a stroke).

In all likelihood, this progressive infighting will intensify in the coming days as the White House nears its choice. Rest assured, however, that the progressive forces will all fall into line once a pick is made. Groups are trying to exert pressure now, but even the most ardent critics of allegedly “moderate” candidates will work to confirm the eventual nominee.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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