U.S. Rep. Ann Kirkpatrick thought she’d be talking about education and the economy during her visit to Tucson on Friday.

However, the item that most people want to talk about is something that she has no control over as a member in the U.S. House of Representatives: replacing U.S. Supreme Court Justice Antonin Scalia, who died last week at 79.

It is a topic that puts the Flagstaff Democrat, who is running for the U.S. Senate, at odds with the man she hopes to face in the general election, Republican Sen. John McCain.

“I think the big question now is what is going to happen there with the opening of the court,” Kirkpatrick said.

The appointment should be delayed, McCain has said, because it should not be made during President Obama’s last term.

“With less than a year left in a lame-duck presidency and the long-term balance of the Supreme Court at stake, Sen. McCain believes the American people should have a voice in the direction of the Supreme Court by electing a new president,” said Julie Tarallo, McCain’s press secretary.

The business before the court should not be held hostage, Kirkpatrick says.

“I am hoping that wiser, common-sense heads will prevail and that we will get an appointment,” Kirkpatrick said.

One issue Kirkpatrick is specifically concerned about is Obama’s recent executive actions related to immigration reform. The legality of those actions are expected to be reviewed by the Supreme Court in coming months.

“Ultimately, I hope that the court will uphold those orders,” she said.

On Thursday, Kirkpatrick said the Senate race will be a race of contrasts, noting she has disagreed with the McCain on a number of issues, including the DREAM Act, the state’s controversial immigration law commonly known as SB 1070 and comprehensive immigration reform.

While Kirkpatrick has her sights on McCain in the general election, fellow Democrat Leonard Clark has filed to challenge her for the party’s nomination.

There are several Republicans vying to challenge McCain for the GOP nomination, as well as several independent candidates.


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Contact reporter Joe Ferguson at jferguson@tucson.com or 573-4197. On Twitter: @JoeFerguson