CHARLESTON, W.Va. — A national group says last week’s election of a conservative candidate for the open spot on the West Virginia Supreme Court should send a message to U.S. Senator Joe Manchin when it comes to where he stands on U.S. Supreme Court nominee Merrick Garland.
“The election of Beth Walker to the West Virginia State Supreme Court is more proof that West Virginians prefer judges in the mold of conservatives such as Antonin Scalia, and not Barack Obama who is trying to create what the New York Times described as the most liberal Supreme Court in fifty years,” Judicial Crisis Network Chief Counsel Carrie Severino said.
Manchin met with Garland back on April 5. He said he quizzed the judge on guns, abortion and the federal EPA.
“He said he will apply the facts to the law in each particular case and he will not hesitate to strike down regulations enacted by the EPA if they conflict with statutes passed by the Congress,” Manchin told reporters the day after the meeting.
The Judicial Crisis Network began running TV and digital ads last week calling on Manchin to oppose Garland’s nomination. Manchin has a choice to make, Severino told MetroNews.
“He is going to have to pick. ‘Do I go along with President Obama? Or am I going to stand up for some of the things that are really important to my constituents like pushing back against the President’s ‘war on coal’ or standing up for Second Amendment rights?'” Severino said.
The Judicial Crisis Network is spending $200,000 on its ad campaign in West Virginia against Garland’s confirmation. The ad praises West Virginia Attorney General Patrick Morrisey for his fight against the EPA but says Manchin is doing the opposite and siding with Washington liberals.
Following that April meeting Manchin told reporters he let Garland know he still hadn’t made up his mind.
“I said, ‘Judge, I really don’t know. I could very well be against you as I could in support of you. I have some concerns and my state has some concerns. We’ve been hit harder (with EPA regulations) than most states have been,'” Manchin said at the time.
Severino said Manchin and others should support a consensus candidate for the open seat on the nation’s highest court not like Garland.
“Maybe it makes sense to actually try to get a real consensus candidate rather than someone who would be a solid consistent fifth liberal vote really throwing the Court out of balance,” Severino said.
Morrisey said during an appearance on MetroNews “Talkline” Monday he supports Donald Trump for president although the presumptive GOP nominee was not his first choice. Morrisey said he’s confident Trump would not nominate liberals to the Supreme Court like Hillary Clinton would.