White House spokesman rips Cornyn over 'piñata' remark on Supreme Court nominee

Senate Majority Whip John Cornyn, R-Texas, (AP Photo/J. Scott Applewhite) Senate Majority Whip John Cornyn, R-Texas, (AP Photo/J. Scott Applewhite) Photo: J. Scott Applewhite, STF Photo: J. Scott Applewhite, STF Image 1 of / 15 Caption Close White House spokesman rips Cornyn over 'piñata' remark on Supreme Court nominee 1 / 15 Back to Gallery

President Barack Obama's spokesman slammed Texas U.S. Sen. John Cornyn on Tuesday for suggesting that the president's choice for the Supreme Court vacancy "will bear some resemblance to a piñata."

"Given Sen. Cornyn's language, it sounds like he might spend a little too much time watching Donald Trump rallies," said White House press secretary Josh Earnest.

The exchange between the Obama administration's top spokesman and the No. 2 Republican in the Senate came as the fight heats up to replace the late Justice Antonin Scalia.

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Earnest, briefing White House reporters, said Cornyn's remark is a sign that the Republicans are "digging in" and escalating the political contentiousness over the Supreme Court vacancy.

"Senator Cornyn has now moved beyond the established Republican position of suggesting that they won't even consider somebody who the president puts forward," Earnest said. "That in and of itself was a rather unprecedented and unreasonable position. But Senator Cornyn has now taken the next step and suggested that without knowing who this nominee is, without considering what their record is, what they're experience is, how qualified they are for the job, he's suggesting that they'll be subjected to bashing by Republicans."

Senate GOP leaders have said they will not hold hearings or votes for any Supreme Court nominee in an election year, arguing it should be up to the next president, not a lame duck president, to put forward a candidate.

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In a speech on the Senate floor Tuesday, Cornyn explained that the "piñata" remark referred to the rough judicial confirmation battles that have become typical in Congress.

"So I likened the nomination process and confirmation process to a piñata, which is only to say that the confirmation process around here has gotten pretty tough," Cornyn said. "But I'm not going to be preached to by the Democratic Leader or by Democrats who have been responsible for filibustering judges... This is a playbook that has been written by the Democratic Leader and our colleagues across the aisle."

Cornyn also said that "Senate Republicans stand firmly behind the idea that the people should have a say in this critical issue ... when they vote in November because there is a lot at stake here. A lot. Depending on who ultimately fills this vacancy next year, the next Supreme Court justice could tip the ideological direction of the Court for a generation."

Democrats argue that the president has a Constitutional duty to nominate a Supreme Court justice and that it's unfair to reject a nominee sight unseen. "I don't believe that's how most people believe this process should work," Earnest said.