After a few days of Supreme Court reporting, i am becoming more convinced that Barbara Lagoa is the best choice politically and has the best chance of being confirmed before the election. She is Latina, she had bipartisan support for her circuit confirmation, and she is very young (she’ll be on the court for a long time). I think the GOP is also going to (successfully) spend a lot of money trying to brand her as a moderate/compromise pick in the vein of Merrick Garland and will paint Dems as hypocrites for opposing her. We’ve heard reports that Romney won’t vote before inauguration but haven’t heard from him directly, it’s probably this kind of decision he’s waiting on. Likewise, I can easily see Collins backtracking if Trump picks a “unity” justice. I think the media is overstating how much it will help Trump in Florida. Ultimately it doesn’t matter, but Lagoa is probably the most minimal damage for confirming a justice at this stage.
On the other hand, Josh Hawley is vowing not to confirm a justice who doesn’t explicitly state that Roe v Wade was wrongly decided. You lose Collins and Murkowski with this, but you might not lose anyone else. However, the bigger risk is losing someone like Gardner or even Romney and not getting confirmation before the election. Confirming someone like that could be political suicide for senators who are barely holding on. I also read that Mark Kelly will be sworn in immediately if he wins since it’s a special election, so confirming after the election will be even harder.
My only prediction is this: Trump probably doesn’t even know who he’s picking yet. His first justice confirmation went pretty smoothly. Gorsuch was a good pick, the GOP had a great messaging apparatus around the confirmation, and Democrats’ move ending the filibuster didn’t go down as well as it could’ve. The Kavanaugh confirmation, on the other hand, was a total disaster that can’t be repeated this close to an election. He needs this to be a Gorusch type of process, or they lose the seat. I imagine the McConnells and other corporate/politically calculated republicans are pushing for Lagoa, while the hardcore prolifers are pushing for Barrett. Trump loses two votes either way, the question is whether one justice loses more than the other and if anybody loses a senate seat over it.