Democrats will have a difficult time blocking President Donald Trump's nominee to replace retiring Supreme Court Justice Anthony Kennedy but at the same time, the Senate shouldn't be considering anyone this close to the midterm elections, Sen. Chris Coons insisted Monday.
"This is an unprecedented level of hypocrisy, where the Republicans are playing by different rules when there's a different president in the White House," the Delaware Democrat, a member of the Senate Judiciary Committee, told MSNBC's "Morning Joe."
When former President Barack Obama attempted to nominate Merrick Garland to replace late Justice Antonin Scalia, Republicans, led by Senate Majority Leader Mitch McConnell, blocked the nomination until after the presidential election, Coons noted.
"President Obama nominated an eminently confirmable moderate judge," said Coons. "We're just four months before an election, and the conversation is about rushing this through. I don't think we should be rushing. I frankly don't think we should be considering this nominee."
Senate Minority Leader Chuck Schumer, D-NY, is "particularly skilled" at keeping the party caucus together, said Coons, but still there are some Red State Democrats who could vote to approve Trump's eventual nominee.
"Sen. Schumer will work hard to hold us together as a caucus," said Coons. "I'm a member of the judiciary committee. I'll do my job and review the nominee closely before reaching a conclusion."
There is little, though, that Democrats can do to delay Trump's nominee, said Coons.
"If Republicans are willing to change the rules of the Senate, which they demonstrated they are in changing the majority threshold required at the fight over now-Justice [Neil] Gorsuch, they changed the rules on filibuster margins, we could pull something that would last a day or two."
However, there's very little Democrats can do with just 49 members that will prevent the confirmation from moving forward.
"What I'm doing and what I expect my colleagues to do is to remind our viewer and constituents just how important this is, to ask them to speak up and express their opinions to their senators and to remind folks that elections have consequences," said Coons. "If you don't like the ways that this new justice will impact everything from reproductive rights to healthcare to pre-existing conditions, to labor rights and voting rights, speak up, get active and vote. That's our best tool."