openpolitics.com

In a vintage return to his confrontational style, Sen. Ted Cruz indicated that Republicans could seek to block a Democratic president from filling the vacant Supreme Court seat indefinitely.

After staking his endorsement of Donald Trump on a list of potential conservative Supreme Court nominees, Cruz said on Wednesday that there is precedent to limiting the Supreme Court to just eight justices. Last week, Cruz’s colleague, Sen. Jeff Flake (R-Ariz.), suggested the GOP should confirm President Barack Obama’s nominee, Merrick Garland, to avoid having to swallow a more liberal nominee under Hillary Clinton.

As is his nature, Cruz took a harder line when asked how Republicans would handle a potential Clinton nominee while campaigning in Colorado for Darryl Glenn, a longshot candidate for the Senate.

“There will be plenty of time for debate on that issue … There is certainly long historical precedent for a Supreme Court with fewer justices. I would note, just recently, that Justice [Stephen] Breyer observed that the vacancy is not impacting the ability of the court to do its job. That’s a debate that we are going to have,” Cruz said, in remarks first reported by The Washington Post.

Cruz was unlikely to vote for any Democratic nominee given his conservative ideology, but his remarks could indicate a broader shift within the GOP to halt Democrats from shifting the court’s balance to the left. Sen. John McCain (R-Ariz.) said earlier this month the GOP would be “united” in blocking a Clinton appointment, remarks he later softened.

An indefinite GOP blockade of a Supreme Court nominee would almost certainly lead to an erosion in the Senate’s supermajority requirement. Senate Minority Leader Harry Reid has already suggested lowering the bar for Supreme Court nominee from 60 votes to a simple majority. Under Reid, Democrats changed the Senate rules to allow all nominees but Supreme Court appointments to be approved by a majority vote.