What's next in the battle that's heating up over a Supreme Court nomination, following the death of Justice Ruth Bader Ginsburg.
An American flag flies at half-staff over the White House in Washington, Saturday, Sept. 19, 2020, the morning after the death of Supreme Court Justice Ruth Bader Ginsburg.
There’s significant risk and uncertainty ahead for both parties. 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:Trump has said he will announce a female nominee to replace Ginsburg as soon as this week.
That means McConnell can only afford to lose one more senator in his caucus. If the vote were 50-50, Vice President Mike Pence could break the tie on a confirmation vote.All eyes are on Mitt Romney of Utah, who has been critical of Trump and protective of the institution of the Senate. Another senator to watch is Iowa Sen. Chuck Grassley, the former chairman of the Judiciary Committee.
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.Democrats made a moral argument to their Republican colleagues to resist replacing Ginsburg until the next president is inaugurated, arguing that senators should follow the precedent they set in 2016.
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, Neil Gorsuch.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 vote.
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 Obama’s potential nominee because the voters should have their say by electing the next president.
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