Sen. Marsha Blackburn: Our duty is to make sure we have constitutionalists that go to the Supreme Court

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Senate will review Biden's SCOTUS pick thoroughly: Sen. Blackburn

Tennessee Sen. Marsha Blackburn lays out the advice and consent process for Biden's upcoming Supreme Court nomination on 'Sunday Night in America.'

Fox News host Trey Gowdy invited Sen. Marsha Blackburn, R-Tenn., to "Sunday Night in America" to give her insights on the upcoming Supreme Court nomination after Justice Stephen Breyer announced his retirement at the end of this term. 

During the 2020 campaign, President Biden promised to nominate a Black woman to the nation's highest court, and he reaffirmed that promise after Breyer's announcement.

Following heated Senate hearings for Justices Brett Kavanaugh and Amy Coney Barrett, Blackburn hoped that any upcoming hearing can return to a more respectful affair.

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Supreme Court Associate Justice Stephen Breyer announces his retirement in the Roosevelt Room of the White House in Washington, Thursday, Jan. 27, 2022. President Biden looks on. (AP Photo/Andrew Harnik) (AP Photo/Andrew Harnik)

"What we know is that this is going to be one of those fights that we will have as to how the Senate goes about providing advice and consent, which is our responsibility, our constitutional duty. And I agree with you. It would be nice if we would see this approached as a respectful process, respectful to the institution of the Senate, and respectful to the Constitution of the United States. And make certain that we do the vetting that is necessary, that we spend the time reviewing rulings, and writings, and opinions and listening to speeches," Blackburn, who sits on the Senate Judiciary Committee, said.

She emphasized the need to push constitutionalists to the court rather than "activist judges" which have become a concern for potential nominees. 

She explained, "Our duty is to make certain we have constitutionalists that go to the bench, people that are going to be fair, that are going to uphold that Constitution and rule of law, and to be certain that we do not put people on the Supreme Court or the federal bench who will be activist judges and are going to make rulings the way they would like to see things be, rather than making rulings based on the rule of law."

Although Blackburn respected the judicial process, she showed concern for potential nominees, noting that the Biden administration has frequently put forth controversial and radical judges.

President Biden speaks after exiting a meeting with the Senate Democratic Caucus in Washington, on Thursday, Jan. 13, 2022. (Photographer: Eric Lee/Bloomberg via Getty Images) (Eric Lee/Bloomberg via Getty Images)

"One of the issues we had with Biden administration when it comes to putting judges on the federal bench for district courts or appellate court is they are sending us people who are to the left. They are radical. They have radical writings or opinions. They are outside of the mainstream," she said. "Some of them have been very active on social media and have been anti-conservative," Blackburn said. 

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Blackburn shared her sympathies for Justice Breyer, noting that his retirement announcement was preemptively released rather than planned on his own time. She remarked how this seemed to have played out to help the White House politically. 

"And I really do feel a little bit for Justice Breyer because it appears that he was being pushed out the White House for political gain, revealed that he was looking to retire. They did not wait for him to make the announcement. They made that announcement on their time and in their manner to go ahead and push him out, so they could have a better day in the news cycle, which has not been good for them this year," Blackburn said.