Following four days of hearings before the Senate Judiciary Committee in late March, the full Senate voted 53-47 last week to confirm Judge Ketanji Brown Jackson as an associate justice of the Supreme Court—fulfilling Joe Biden’s campaign pledge to name a black woman to the high court. Three Republican senators joined their Democratic colleagues in voting to confirm Jackson—Alaska’s Lisa Murkowski, Maine’s Susan Collins, and Utah’s Mitt Romney.
Imagine a slightly different scenario: a Republican president nominates someone to serve on the Supreme Court and asks a 50-50 Senate to confirm that person. You can be absolutely sure that Democrats would force the vice president to break the tie to get that nominee on the bench. Remember when, in 2016, President Trump nominated Betsy Devos to be secretary of education and Vice President Mike Pence had to break a tie, even without an evenly split Senate?
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