(WWLP) — This is the second time a Supreme Court justice has died close to an election and now the Senate is due for a recess this October. But Senate majority leader Mitch McConnell has stated the President’s nominee will receive a vote on the floor of the US Senate.
When a seat on the U.S. Supreme Court becomes vacant, the Constitution gives the right to the president to nominate a person to fill the seat.
The Senate Judiciary Committee must go through a vetting system to approve the president’s nominee. There is then a final vote on the Senate floor to confirm the nomination.
Former Congressman of New Hampshire, Norman D’Amours, pointed out that some Senate Republicans will likely take different positions on filling the seat before the election, especially if they are seeking re-election in their own state.
“I think a lot of people are going to take positions based upon their electoral situations,” said D’Amours. “A lot of these senators like Lindsay Graham, he clearly said the he would probably be chairman of the judiciary committee when this occurred and that he would not be interested in having anything happen before an election.”
Senator Lindsay Graham has stated on social media that he will support President Donald Trump in efforts to move forward to fill the judicial vacancy. However, Democrats are arguing that the Senate should wait to confirm the replacement until after the next president is sworn in.
Before she died, Ruth Bader Ginsburg told her granddaughter that her final wish was not to have her seat filled until the new president was elected.