Who Obama Should Appoint

I break down some of the options at the Prospect. All that matters, really, is getting whatever base mobilization potential exists from the nominee who inevitably isn’t going to be confirmed. To me, this means Watford or Cuellar.

Some people will dispute that the failure of Obama’s nominee is inevitable. But look carefully at the “waffling” among some Republican senators:

Nevada GOP Sen. Dean Heller hinted on Wednesday afternoon that President Barack Obama should consider Nevada Gov. Brian Sandoval for the Supreme Court vacancy, but shortly thereafter his office said that Obama should not send any nomination at all.

In his statement, Heller first broke with his party’s strategy on a potential nominee, suggesting if Obama put forward a candidate it should not advance Obama’s “liberal agenda,” while stopping short of saying Obama shouldn’t send anyone at all. At the same time, he insisted Nevadans should have a voice in the process and did not mention waiting until the next presidential election as nearly ever other Senate Republican has over the last five days.

“The chances of approving a new nominee are slim, but Nevadans should have a voice in the process. That’s why I encourage the President to use this opportunity to put the will of the people ahead of advancing a liberal agenda on the nation’s highest court,” Heller said on Wednesday in his statement.

To the extent that there’s any debate at all within the Republican conference, it’s over whether to hold Potemkin hearings before refusing to confirm any Obama nominee. And even the Potemkin hearing idea seems unacceptable to the base. Obama getting a justice confirmed is really not going to happen.