If Republicans bent to this logic, the midterms would become, in part, a referendum on the Supreme Court, probably to an unprecedented extent given the gravity of this particular appointment.
"We have a list of 25 people that I actually had during my election, I had to 20 and as you know, I added 5 a little while ago". The calculation made by many conservatives in 2016 was a simple one: if you believe the representative bodies of government are thoroughly dysfunctional, and that we are now effectively governed by the administrative state and the judiciary to the exclusion of all others, the rationale for backing Donald Trump was clear.
Radio talk show host and former Reagan Justice Department official Mark Levin had a lot to say about the retirement of Justice Anthony Kennedy and President Trump's judicial track record now that Justice Neil Gorsuch's first full year on the Supreme Court is complete. That means senators can wait until after a presidential election, like Senate Republicans chose to do when Justice Antonin Scalia suddenly died in February 2016.
So can you argue that Republicans are making overtly political decisions when they consider a president's Supreme Court pick?
Sen. Cory Booker pledged a long-term battle to prevent Trump from rushing a conservative judge onto the court, even as he acknowledged it will be hard for Democrats to block any nominee since Republicans control the Senate.
Since the "nuclear option" was enacted by McConnell previous year, it appears as if there is little Democrats, who are in the minority, can do to stop a Supreme Court pick. And he backed some limited use of affirmative action - allowing the race of minority applicants to count in their favour in university admissions - writing the court's opinion in Fisher v. University of Texas, a 2016 case. Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska) who both broke with their party to help tank the GOP's health care overhaul in 2017. Come fall, when the Senate plans to vote on his successor, progressives fear a more ideologically conservative candidate will enter the court.More news: 'Strawberry Moon' expected to appear Wednesday night
Across the spectrum, National Review backed Roberts for vindicating "the authority of the presidency itself", not what the magazine called Trump's "sometimes overheated campaign rhetoric".
The Senate is now controlled by the Republicans but that could change after mid-term elections in November.
There are a handful of these moderate Democrats to keep an eye on.
It's not a coincidence that on Thursday, three Democratic senators who are thought to be running for president in 2020 have addressed supporters outside the Supreme Court.
Look, I get why the travel ban-revised after the original one was blocked by the courts-is so controversial, given that it's aimed at majority Muslim countries.
But Democrats were only a few percentage points behind: Of the voters who ranked this as the most important or an important issue, 76 percent were Republicans and 68 percent Democrats.