What's next with the Supreme Court vacancy?

this decision ought to be made by the next of president. That was Senate Majority Leader Mitch McConnell then, when Barack Obama was president in 2016 with a vacancy on the Supreme Court. But times have changed, and so has the president. We feel it. Republican leaders are plotting a full throated effort to fill Justice Ruth Bader Ginsburg seat with the election just 45 days away trying to make the argument, it's different now because Republicans control both the White House and the Senate. Privately, McConnell and Trump speaking about potential nominees on Friday night, and the GOP leader in a message to his colleagues, urging them to keep your powder dry and not take a position on whether the winner of the November election should be the one filling the vacancy left by the death of Ginsburg On Saturday, Senator Susan Collins of Maine, facing the toughest reelection of her career breaking ranks, saying the decision of a lifetime appointment to the Supreme Court should be made by the president, who was elected on November 3rd. But with the 53 47 majority, Democrats need a total of four Republicans to vote no and stop the nomination. GOP Senator Lisa Murkowski, before Ginsburg's death made clear she did not want to move ahead on any vacancy before November, and it's unclear if two other Republicans will agree. Privately, Top Republicans are arguing that a Supreme Court fight will only boost their chances and holding the Senate majority in November. And several Republicans in difficult races are indicating they'll vote to confirm Trump's nominee this year, even though some endangered Republicans like North Carolina Senator Thom Tillis, took the opposite position in 2016. We're gonna let the American people speak. Yet moving ahead before November could squeeze Republicans like Cory Gardner running for reelection and Democratic leaning Colorado. Gardner's office did not respond to questions about whether the winner of November's elections should make the hugely consequential pick. It typically takes between 2 to 3 months to confirm a Supreme Court nominee, meaning it would be much faster than usual to approve the replacement before November. Yet if a vote slips until after the November elections during the lame duck session of Congress, there's another complication. If Arizona's appointed senator, Martha McSally, loses in November, that would mean the Democrat Mark Kelly could be sworn in by the end of that month, bringing the GOP majority down to 52 48. So McConnell has little margin for error, and several senators are uncommitted, like Utah's Mitt Romney. And some senators in the past have been wary about an election year confirmation. Like Senator Chuck Grassley, who as chairman of the Judiciary Committee refused to hold hearings for Obama's nominee in 2016 he told CNN in July, If I was chairman committee, I couldn't move forward with. On Saturday, his office declined to say if that is still his position, others have clearly shifted. There's including Lindsey Graham, who now chairs the Judiciary Committee and said this in 2016. Let's let the next president who whoever it might be, make that nomination and you could use my words against me Now, Lindsey Graham explains himself this way. He basically says that things have changed in 2018 in the aftermath of that vicious Supreme Court fight that got Brett Kavanaugh confirmed to the court, He says he think views all this differently now. But if the Republicans do move ahead, Senate Democrats have their own clients. They're talking about that right now. They had a conference call on Saturday afternoon. It was Chuck. Schumer told his caucus that all options are on the table. If the Republicans do advance a nomination this fall and one of those options that Democrats are discussing but potentially expanding the Supreme Court. Maybe going from nine justices to 11 justice or even more than that, they would need legislation to do that. And to pass such legislation, they would have toe change the Senate filibuster rules. And to do that, of course, they need to win the Senate majority first in the fall. So so much is on the line this fall in this fall's election. But Democrats are indicating they're not gonna take this fight lying down. Manu Rogers, CNN, Capitol Hill.

The death of Supreme Court Justice Ruth Bader Ginsburg is putting the Senate in uncharted political terrain. There's no recent precedent for a confirmation vote so close to a presidential election.President Donald Trump on Saturday nominated Judge Amy Coney Barrett to become Ginsburg’s replacement.Plans were being set in motion Saturday for a swift and highly unusual nomination and confirmation in the heart of campaign season.Senate Majority Leader Mitch McConnell, R-Ky., was moving ahead, vowing that Trump’s nominee "will receive a vote on the floor of the United States Senate." Democrats say it's “hypocrisy” after McConnell refused to consider then-President Barack Obama's nominee, Judge Merrick Garland, months before the 2016 election.There's significant risk and uncertainty ahead. Early voting is underway in some states in the races for the White House and control of Congress.A look at the confirmation process and what we know and don't know about what's to come:CAN THE SENATE FILL THE SEAT BEFORE THE ELECTION?Yes, but it would require a breakneck pace. Supreme Court nominations have taken around 70 days to move through the Senate, and the last, for Brett Kavanaugh, took longer. The election is 36 days away. Yet there are no set rules for how long the process should take once Trump announces his pick, which could come in a matter of days. Some nominations have moved more quickly. It will come down to politics and vote tallies.WHAT DOES IT TAKE TO CONFIRM A NOMINEE?Only a majority. Republicans control the Senate by a 53-47 margin, meaning they could lose up to three votes and still confirm a justice, if Vice President Mike Pence were to break a 50-50 tie.Supreme Court nominations used to need 60 votes for confirmation if any senator objected, but McConnell changed Senate rules in 2017 to allow the confirmation of justices with 51 votes. He did so as Democrats threatened to filibuster Trump’s first nominee, Justice Neil Gorsuch.HOW DOES THE CAMPAIGN FACTOR IN?Republicans are defending 25 of the 38 seats that are on the ballot this year, and many of their vulnerable members have been eager to end the fall session and return home to the campaign trail. The Senate is scheduled to recess in mid-October, though that schedule could change.Still, many of the most vulnerable senators may be hesitant to vote on a nominee before facing voters in November, and their views could ultimately determine the timeline for action. Others may want to campaign on their eventual vote. McConnell himself is among those up for reelection this year.Several key GOP senators including Martha McSally in Arizona, Kelly Loeffler in Georgia and Thom Tillis in North Carolina have linked themselves to Trump, calling for swift voting. Sen. Susan Collins of Maine and Lisa Murkowski of Alaska took the opposite approach, objecting to a Senate vote before Nov. 3 with Collins saying “in fairness to the American people,” the president who is elected should decide. All face stiff challenges in November.CAN THE SENATE FILL THE VACANCY AFTER THE ELECTION?Yes. Republicans could vote on Trump's nominee in what's known as the lame-duck session that takes place after the November election and before the next Congress takes office on Jan. 3. No matter what happens in this year's election, Republicans are still expected be in charge of the Senate during that period.The Senate would have until Jan. 20, the date of the presidential inauguration, to act on Trump’s nominee. If Trump were reelected and his pick had not been confirmed by the inauguration, he could renominate his pick as soon as his second term began.HOW DOES THE PROCESS WORK?When a vacancy occurs on the Supreme Court, the president is given authority under the Constitution to nominate someone to fill it. It is up to the Senate Judiciary Committee to vet the nominee and hold confirmation hearings. Once the committee approves the nomination, it goes to the Senate floor for a final confirmation vote. This process passes through several time-consuming steps. Traditionally senators want to meet and assess the nominee themselves, which requires weeks of meetings around the Capitol.And that’s all assuming the process goes smoothly. In 2018, Kavanaugh’s confirmation fight took weeks longer than expected after Christine Blasey Ford accused him of sexually assaulting her when they were teens. Kavanaugh denied the accusation and was confirmed by the Senate in a 50-48 vote.The Senate Judiciary Committee chairman, GOP Sen. Lindsey Graham of South Carolina, who faces his own tough reelection contest, joined those now calling for swift voting. He tweeted that he will support Trump “in any effort to move forward.”DIDN’T MCCONNELL SAY IN 2016 THAT THE SENATE SHOULDN’T HOLD SUPREME COURT VOTES IN AN ELECTION YEAR?He did. McConnell stunned Washington in the hours after the death of Justice Antonin Scalia in February 2016 when he announced the Senate would not vote on then-President Barack Obama’s potential nominee because the voters should have their say by electing the next president.McConnell’s strategy paid off, royally, for his party. Obama nominated Judge Merrick Garland to fill the seat, but he never received a hearing or a vote. Soon after his inauguration, Trump nominated Gorsuch to fill Scalia’s seat.Four years later, McConnell said the Senate will vote on Trump’s nominee, even though it’s weeks, not months before an election.SO WHAT CHANGED SINCE 2016?McConnell says it’s different because the Senate and the presidency are held by the same party, which was not the case when a vacancy opened under Obama in 2016. Democrats say this reasoning is laughable and say the vacancy should be kept open until after the inauguration.Certainly politics are different now, with the country in the grips of a deadly pandemic. Congress has been operating partly remotely to avoid spreading the virus.Democrats and advocacy groups wasted no time unearthing past statements from other GOP senators in 2016 saying the Senate must wait to confirm until after the election.Absent a robust legislative agenda, the court battles have become a focal point for McConnell, fulfilling a longstanding conservative priority. He is building his legacy on confirming conservative judicial nominees. On his watch, the Senate has confirmed more than 200 judges for federal appellate and district courts.

WASHINGTON —

The death of Supreme Court Justice Ruth Bader Ginsburg is putting the Senate in uncharted political terrain. There's no recent precedent for a confirmation vote so close to a presidential election.

President Donald Trump on Saturday nominated Judge Amy Coney Barrett to become Ginsburg’s replacement.

Plans were being set in motion Saturday for a swift and highly unusual nomination and confirmation in the heart of campaign season.

Senate Majority Leader Mitch McConnell, R-Ky., was moving ahead, vowing that Trump’s nominee "will receive a vote on the floor of the United States Senate." Democrats say it's “hypocrisy” after McConnell refused to consider then-President Barack Obama's nominee, Judge Merrick Garland, months before the 2016 election.

There's significant risk and uncertainty ahead. Early voting is underway in some states in the races for the White House and control of Congress.

A look at the confirmation process and what we know and don't know about what's to come:

CAN THE SENATE FILL THE SEAT BEFORE THE ELECTION?

Yes, but it would require a breakneck pace. Supreme Court nominations have taken around 70 days to move through the Senate, and the last, for Brett Kavanaugh, took longer. The election is 36 days away. Yet there are no set rules for how long the process should take once Trump announces his pick, which could come in a matter of days. Some nominations have moved more quickly. It will come down to politics and vote tallies.

WHAT DOES IT TAKE TO CONFIRM A NOMINEE?

Only a majority. Republicans control the Senate by a 53-47 margin, meaning they could lose up to three votes and still confirm a justice, if Vice President Mike Pence were to break a 50-50 tie.

Supreme Court nominations used to need 60 votes for confirmation if any senator objected, but McConnell changed Senate rules in 2017 to allow the confirmation of justices with 51 votes. He did so as Democrats threatened to filibuster Trump’s first nominee, Justice Neil Gorsuch.

HOW DOES THE CAMPAIGN FACTOR IN?

Republicans are defending 25 of the 38 seats that are on the ballot this year, and many of their vulnerable members have been eager to end the fall session and return home to the campaign trail. The Senate is scheduled to recess in mid-October, though that schedule could change.

Still, many of the most vulnerable senators may be hesitant to vote on a nominee before facing voters in November, and their views could ultimately determine the timeline for action. Others may want to campaign on their eventual vote. McConnell himself is among those up for reelection this year.

Several key GOP senators including Martha McSally in Arizona, Kelly Loeffler in Georgia and Thom Tillis in North Carolina have linked themselves to Trump, calling for swift voting. Sen. Susan Collins of Maine and Lisa Murkowski of Alaska took the opposite approach, objecting to a Senate vote before Nov. 3 with Collins saying “in fairness to the American people,” the president who is elected should decide. All face stiff challenges in November.

CAN THE SENATE FILL THE VACANCY AFTER THE ELECTION?

Yes. Republicans could vote on Trump's nominee in what's known as the lame-duck session that takes place after the November election and before the next Congress takes office on Jan. 3. No matter what happens in this year's election, Republicans are still expected be in charge of the Senate during that period.

The Senate would have until Jan. 20, the date of the presidential inauguration, to act on Trump’s nominee. If Trump were reelected and his pick had not been confirmed by the inauguration, he could renominate his pick as soon as his second term began.

HOW DOES THE PROCESS WORK?

When a vacancy occurs on the Supreme Court, the president is given authority under the Constitution to nominate someone to fill it. It is up to the Senate Judiciary Committee to vet the nominee and hold confirmation hearings. Once the committee approves the nomination, it goes to the Senate floor for a final confirmation vote. This process passes through several time-consuming steps. Traditionally senators want to meet and assess the nominee themselves, which requires weeks of meetings around the Capitol.

And that’s all assuming the process goes smoothly. In 2018, Kavanaugh’s confirmation fight took weeks longer than expected after Christine Blasey Ford accused him of sexually assaulting her when they were teens. Kavanaugh denied the accusation and was confirmed by the Senate in a 50-48 vote.

The Senate Judiciary Committee chairman, GOP Sen. Lindsey Graham of South Carolina, who faces his own tough reelection contest, joined those now calling for swift voting. He tweeted that he will support Trump “in any effort to move forward.”

DIDN’T MCCONNELL SAY IN 2016 THAT THE SENATE SHOULDN’T HOLD SUPREME COURT VOTES IN AN ELECTION YEAR?

He did. McConnell stunned Washington in the hours after the death of Justice Antonin Scalia in February 2016 when he announced the Senate would not vote on then-President Barack Obama’s potential nominee because the voters should have their say by electing the next president.

McConnell’s strategy paid off, royally, for his party. Obama nominated Judge Merrick Garland to fill the seat, but he never received a hearing or a vote. Soon after his inauguration, Trump nominated Gorsuch to fill Scalia’s seat.

Four years later, McConnell said the Senate will vote on Trump’s nominee, even though it’s weeks, not months before an election.

SO WHAT CHANGED SINCE 2016?

McConnell says it’s different because the Senate and the presidency are held by the same party, which was not the case when a vacancy opened under Obama in 2016. Democrats say this reasoning is laughable and say the vacancy should be kept open until after the inauguration.

Certainly politics are different now, with the country in the grips of a deadly pandemic. Congress has been operating partly remotely to avoid spreading the virus.

Democrats and advocacy groups wasted no time unearthing past statements from other GOP senators in 2016 saying the Senate must wait to confirm until after the election.

Absent a robust legislative agenda, the court battles have become a focal point for McConnell, fulfilling a longstanding conservative priority. He is building his legacy on confirming conservative judicial nominees. On his watch, the Senate has confirmed more than 200 judges for federal appellate and district courts.

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