FILLING THE VACANCY ON THE U.S. SUPREME COURT MAY INVOLVE DIFFERENT ELECTIONS. THE DEATH OF JUSTICE ANTONIN SCALIA LAST WEEKEND IMMEDIATELY SET OFF A PARTISAN FIGHT BETWEEN PRESIDENT OBAMA AND REPUBLICANS IN THE U.S. SENATE AND ON THE CAMPAIGN TRAIL. SENATE MAJORITY LEADER MITCH MCCONNELL IMMEDIATELY SAID REPUBLICANS WOULD NOT CONFIRM AN OBAMA NOMINEE IN HIS FINAL YEAR IN OFFICE. INSTEAD THEY TO WANT WAIT FOR THE NEXT PRESIDENT TO MAKE THE PICK IN THE HOPES IT WILL BE A REPUBLICAN PRESIDENT DOING THE PICKING. THIS HAS IMPLICATIONS IN THE RACE FOR PRESIDENT, BUT ALSO IN RACES FOR THE U.S. SENATE, WHERE CONTROL OF THE SENATE AND THE CONFIRMATION PROCESS HANGS IN THE BALANCE. HERE IN WISCONSIN, REPUBLICAN SENATOR RON JOHNSON IS FACING A REMATCH WITH FORMER SENATOR RUSS FEINGOLD. SENATOR JOHNSON JOINS US NOW BY PHONE. THANKS FOR YOUR TIME TODAY.

RON JOHNSON:

HI ZAC. HOW ARE YOU DOING?

ZAC SCHULTZ:

GOOD. NOW IMMEDIATELY AFTER JUSTICE SCALIA’S DEATH, YOU SAID AMERICAN PEOPLE SHOULD DECIDE THE NEXT SUPREME COURT MEMBER BY THEIR CHOICE IN THE ELECTIONS THIS FALL, BUT SINCE THEN YOU SAID YOU WOULD BE WILLING TO VOTE ON AN OBAMA NOMINEE. HAVE YOU CHANGED YOUR MINDS OR ARE BOTH OF THOSE POSITIONS CONSISTENT?

RON JOHNSON:

THEY’RE PERFECTLY CONSISTENT. I DON’T CONTROL THE PROCESS. LEADER MCCONNELL SAID LET’S JUST LET THE AMERICAN PEOPLE DECIDE. WE’RE AT A VERY UNIQUE MOMENT IN HISTORY. LET’S FACE IT, THE COMPOSITION OF THE COURT HANGS IN THE BALANCE, CONSERVATIVE VERSUS LIBERAL. WE’RE ONLY EIGHT MONTHS BEFORE THE ELECTION WHERE THE AMERICAN PEOPLE DECIDE THE DIRECTION OF THE COUNTRY. WHY NOT LET THE AMERICAN PEOPLE PUT IT IN THEIR HANDS TO DECIDE THE DIRECTION OF THE COURT? THE OTHER THING I’D POINT OUT IS THERE ARE TWO COEQUAL BRANCHES OF GOVERNMENT HERE IN THIS DECISION. PRESIDENT OBAMA CAN AND SHOULD NOMINATE. IT’S HIS DUTY TO NOMINATE A NOMINEE. AND IT’S OUR JOB IN THE SENATE TO ADVISE AND CONSENT. THE ADVICE GIVEN IS LET THE AMERICAN PEOPLE DECIDE. I’M NOT SURE HOW THE CONSENT PHASE IS GOING TO PLAY OUT.

ZAC SCHULTZ:

A NUMBER OF OTHER REPUBLICAN SENATORS HAVE SAID THE GOP WOULD LOOK LIKE OBSTRUCTIONISTS IF THEY DON’T VOTE ON AN OBAMA NOMINEE. DO YOU AGREE WITH THAT?

RON JOHNSON:

NO I DON’T. AGAIN THERE’S TWO PARTS TO THIS PROCESS. PRESIDENT OBAMA NOMINATES AND WE ADVISE AND WE CONSENT OR WE WITHHOLD OUR CONSENT. IT’S PERFECTLY APPROPRIATE. AGAIN, I THINK THE DIFFERENCE IN THE PARTIES IS THAT WE ARE MORE THAN HAPPY TO LET THE AMERICAN PEOPLE CHOOSE THAT DIRECTION. LET’S FACE IT THE AMERICAN PEOPLE MIGHT CHOOSE A DEMOCRATIC PRESIDENT AND A DEMOCRATIC SENATE. IF SO, WE WILL OBVIOUSLY HONOR THAT CHOICE. WE’LL ACCEPT THE WISHES OF THE AMERICAN PEOPLE. I THINK THAT’S THE RIGHT WAY TO GO AT THIS POINT.

ZAC SCHULTZ:

IF THERE WAS A REPUBLICAN PRESIDENT IN OFFICE, DO YOU THINK REPUBLICANS IN THE SENATE WOULD BE SAYING THE SAME THING?

RON JOHNSON:

I THINK IT’S A PERFECTLY REASONABLE POSITION TO LET THE AMERICAN PEOPLE DECIDE.

ZAC SCHULTZ:

CAN YOU IMAGINE A SCENARIO IN WHICH YOU’D VOTE YES ON ANY OBAMA NOMINEE PUT FORWARD?

RON JOHNSON:

IF HE ACTUALLY PUT FORWARD A JUDGE. I THINK THAT’S THE REAL LINE HERE. WHAT IS SO UNIQUE ABOUT JUSTICE SCALIA, THE REASON I HAVE SUCH GREAT RESPECT, IS HE’S SOMEBODY THAT HAD THE INTEGRITY THAT NO MATTER WHAT THE OUTCOME, EVEN THOUGH HE WAS OFFENDED LIKE IN THE FLAG BURNING CASE, OFFENDED BY THE RESULTS OF HIS JUDGMENT, BUT HE LOOKED AT THE CONSTITUTION OF THE LAW, AND HE HAD THE INTEGRITY TO SAY THIS IS HOW I HAVE TO RULE REGARDLESS OF WHAT RESULT I’D LIKE TO SEE. AND THAT UNFORTUNATELY IS RARE. WE HAVE MORE SUPER LEGISLATORS SITTING ON THE COURTS RIGHT NOW THAN WE HAVE JUDGES. SO IF PRESIDENT OBAMA TRULY PUT FORWARD A JUDGE, SOMEBODY THAT HAD THAT MODESTY, THAT KIND OF JUDICIAL RESTRAINT, SURE, I WOULD SUPPORT SOMEBODY LIKE THAT. I THINK THAT IS HIGHLY UNLIKELY, A ZERO CHANCE THAT WOULD HAPPEN WITH PRESIDENT OBAMA.

ZAC SCHULTZ:

THE U.S. SENATE RACE WITH DEMOCRATIC RUSS FEINGOLD WILL BE OVERSHADOWED TO A DEGREE BY THE PRESIDENTIAL RACE. IF THERE’S NO CONFIRMATION, YOU SAID YOU WANT VOTERS TO FOCUS ON THE SUPREME COURT AS WELL. HOW WOULD THAT IMPACT YOUR RACE IF VOTERS ARE THINKING OF ALL THOSE OTHER THINGS WHEN THEY GO TO THE BALLOT BOX?

RON JOHNSON:

I’M JUST A PLASTICS MANUFACTURER FROM OSHKOSH, WISCONSON. CITIZEN LEGISLATOR. I’M NOT A POLITICIAN. I’M CERTAINLY NOT A POLITICAL PUNDIT SO I’LL LET OTHER PEOPLE SORT THAT OUT. AGAIN, MY STRONG BELIEF THAT JUDGES SHOULD BE JUDGES, NOT SUPER LEGISLATORS. I THINK IT’S A TRAGEDY. A PROFOUND LOSS FOR AMERICA THAT WE LOST A TRUE JUSTICE OF THE SUPREME COURT. I’D LIKE TO SEE HIM REPLACED BY ANOTHER TRUE JUDGE, TRUE JUSTICE.

ZAC SCHULTZ:

SENATOR JOHNSON, THANK YOU FOR YOUR TIME.

RON JOHNSON:

HAVE A GREAT DAY.