The next order of business after a U.S. Supreme Court Justice dies is for the president to nominate a replacement.
Before President Donald Trump’s campaign trip to North Carolina, a reporter asked him whether he was going to nominate someone before the election.
“Well, we’ll see what happens,” President Trump said. “We’ll be talking to people soon. We have great respect for the process. This has happened numerous times. And every time, there was a nominee, as you know. There’s been many occasions where, frankly, it turned out to be during a presidential year. I think I heard 28, but whatever it may be. But in all cases, they went forward.”
Democrats will try to delay confirmation, because they’re banking on Joe Biden winning in November.
The high court is ostensibly 5-4 in favor of the conservative side. With the death of Justice Ruth Bader Ginsburg, who served since 1993, President Trump has a chance to increase the conservative justices to six. Will he nominate a woman for the vacancy? Townhall reported that federal judges Amy Coney Barrett and Barbara Lagoa are on his list.
“These are really top people, to get on this list,” Trump said. “I’m looking at five, probably four, very seriously. I’m going to make a decision on either Friday or Saturday and I will announce it on Friday or Saturday…these are the finest people in the nation. Young people.”
Senate Majority Leader Mitch McConnell said the Senate intends to vote on a nominee before the election, and leftists have accused him of hypocrisy. He didn’t allow a vote on the Merrick Garland nomination in 2016. Sen. McConnell issued a statement to clarify why 2016 is different from 2020.
“In the last midterm election before Justice Scalia’s death in 2016, Americans elected a Republican Senate majority because we pledged to check and balance the last days of a lame-duck president’s second term. We kept our promise. Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year.”
“By contrast, Americans reelected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary. Once again, we will keep our promise.”
Sen. Chuck Schumer, who no doubt disagrees with Sen. McConnell, tweeted the following on February 22, 2016, nine months before Donald Trump defeated Hillary Clinton:
— Chuck Schumer (@SenSchumer) February 23, 2016
We agree with Sen. Schumer. The Senate must do its job and confirm President Trump’s nominee in this election year.