Posted by 21 September 2020
Supreme Court Justice Ruth Bader Ginsburg died last week, setting off a wave of mourning across the nation. The new vacancy on the Supreme Court is also setting up a bitter fight over whether President Trump will be ale to fill her seat before Election Day.
When there is a vacancy on the Supreme Court, the president nominates a new justice and the Senate votes on that nomination. There is no constitutional restriction on the timing of the process. However, Democrats are arguing that Republicans set a precedent of not giving nominees a vote in an election year, so that precedent should be followed now.
Democrats point to the situation in 2016, when Justice Antonin Scalia died in the final year of Barack Obama's term in office. Republicans refused to hold a vote on his nominee, Merrick Garland, prior to the presidential election. That November, Donald Trump won the presidency and then nominated Neil Gorsuch for the seat. The Senate then confirmed Gorsuch.
Democrats are saying that what happened in 2016 should be repeated this year. Senate Majority Leader Mitch McConnell (R-KY), has said that he will schedule a Senate vote quickly on President Trump's Supreme Court nominee. Republicans argue that the situation is different than in 2016, which had a different party controlling the presidency and the Senate. They also note that Democrats then were arguing that the president's nominee deserved a vote.
It remains to be seen if all Senate Republicans will back a vote prior to Election Day. Some, such as Sen. Susan Collins (R-ME), have already expressed reservations.
President Trump is expected to announce his Supreme Court nominee this week.
Do you think that the Senate should vote on President Trump's Supreme Court nominee before Election Day?