No matter who President Donald Trump announces as his second Supreme Court justice nominee, there will be a fight over that person's confirmation, National Review contributing editor Andrew McCarthy said Monday.
"The opposition to the pick is political and no matter who the pick will be, they will be a fight over it," McCarthy told Fox News' "Outnumbered."
"It's going to be a brawl no matter who he picks."
A big part of the process, said McCarthy, will be how the person who is picked performs as he or she is tested.
All four finalists, said McCarthy are "terrific craftsmen of the law," and that fact is being lost in the arguments.
He added that it really shouldn't matter about the eventual justice's personal opinion on issues such as Roe v. Wade, as "they're all very much committed to what ought to be conservative principles for interpreting the Constitution."
McCarthy said he thinks the court will be better for the nominees who are being considered, as retiring Justice Anthony Kennedy's replacement will be a solid, rather than swing vote, and that is important.
He also said he disagrees with Senate Majority Leader Mitch McConnell about the difference between picking a justice with a long list of opinions or someone who is fairly fresh to the court.
"I think you want to have somebody who has thought about things and written about things, and the worst thing that we can have taking a leap like this because you're quite right, this is the only chance that we will get," said McCarthy."
Democrats are lined up against the nominee, no matter who it is, as they want someone who uses the law to "drag the society along to where they wanted to be," said McCarthy.
"What we want based on the conservative side is a judge who recognizes that the law is a reflection of who we are, and we want to enforce as our values or principles. We don't want to be somebody else. And that's why this is a more political than legal battle."
He also said he thinks the arguments that the Roe V. Wade decision legalizing abortion is in jeopardy are "overblown," as he doubts that kind of challenge will come before the court.
"It is much more likely we will be talking about regulation," said McCarthy, and the "fantasy" that the ruling will be overturned.
"Let's say it happens," said McCarthy. "All that would mean with that the regulation of abortion would be returned to the states.
"It wouldn't make abortion illegal, and to me, it seems highly unlikely that any woman who wanted an abortion the day before Roe was reversed would be unable to get one the day after. It's simply not going to work that way. "