Trump is expected to ignore RBG's dying wish and nominate her replacement in days while Biden demands he wait until after the election so the American people can decide
* It was the dying wish of late Supreme Court Justice Ruth Bader Ginsburg, who passed away Friday, that the next
president nominate her replacement
* Trump is set to ignore her and announce a nomination in the coming days
* His rival Biden has already hit out and demanded he wait until after the election
* Even if Trump does nominate in the next few days, a group of rebel GOP senators may stop it being approved
* Senators Mitt Romney and Lisa Murkowski are among those expected to oppose a vote
President Donald Trump is expected to ignore the dying wish of late Supreme Court Justice Ruth Bader Ginsburg and nominate her replacement in the coming days in a rush to hurry through a conservative judge before the election.
Ginsburg had hoped that the selection of the next Justice was held after November's election, stating her 'most fervent wish is that I will not be replaced until a new president is installed'
But Republican Senate Majority leader Mitch McConnell has already pledged a vote on a Trump nominee.
Trump's attempts to hurry through his own pick, the third Supreme Court Justice he would have nominated, has already been met with backlash from his rival, Democratic nominee Joe Biden.
Biden demanded that Trump waits until after the election so the winner can put forward the nomination.
It comes as insiders suggest that some Republican Senators led by Utah's Mitt Romney will lead a rebellion to scupper Trump's chances of a rushed process.
Trump is expected to whittle down his nomination list from the 20 names he announced last week to one nominee that will then go through the Senate vetting process.
Among the current front runners is U.S. Circuit Judge Amy Coney Barrett, 48, a devout Catholic who holds a strong pro-life stance.
Liberals fear her appointment would result in the removal of the Roe v Wade judgement that legalizes abortion nationwide.
Once a nominee is named and vetted by the Senate, lengthy confirmation hearings in the Senate Judiciary normally follow, culminating with a recommendation on whether the nominee should be confirmed and placed onto the court.
The decision on the nomination lies solely with the Senate although the Vice President breaks a tie in the event of a 50/50 split.
Generally the process from nomination to appointment takes about 70 days although some, such as Brett Kavanaugh, take longer and Ginsburg's appointment only took 50 days.
Even this, however, was longer than the 46 days currently remaining before the election meaning the vetting and review for a Trump nominee would have to take place at breakneck speed.
The long-term direction of the nation's highest court is at stake as the closely divided court had five justices with conservative bents and four liberals, before Ginsburg's death.
If Trump were to choose a conservative judge to replace the liberal Ginsburg, as expected, the court's conservatives would have more heft with a 6-3 majority.
The president repeatedly touts his success in already nominating two conservative Supreme Court Justices as one of the biggest achievements of his term but wishes to extend his influence further.
If he loses in November without having secured a third Justice, Trump could still attempt to push a nomination through the Republican-controlled Senate before Biden's inauguration in January, although this would likely be met with fury by Democrats.
If there was still a vacancy by January, a victorious Biden could appoint a liberal nominee, leaving the conservative-liberal balance at 5-4.
With other current Justices on the court in their 70s and 80s, without the Trump nominee, a Biden presidency could have further vacancies that could swing the balance of the court completely.
The Senate is currently controlled by 53 Republicans, while Democrats hold 45 seats. Two independents align with Democrats on most votes.
Among the 53 Republicans are some moderates, including Senators Susan Collins and Lisa Murkowski, who may side with Democrats or oppose a vote before the election.
Earlier on Friday shortly before Ginsburg's death was announced, Senator Murkowski said that if she was presented with a vacancy on the court, she would not vote to confirm a nominee before the election.
'I would not vote to confirm a Supreme Court nominee. We are 50 some days away from an election,' she said, according to Alaska Public.
She said she made the decision based on the same reasoning given by Republican senators to halt the confirmation of former President Barack Obama's final nominee to the Supreme Court ahead of the 2016 election.
This comment could place Murkowski among a group of rebel GOP senators, potentially led by Mitt Romney, that will abstain from voting or vote with Democrats if a nominee is presented.
Romney has previously shown his ability to resist Trump and will likely be targeted by Democrats who will remind him of the 18-month delay caused by Republicans in 2016 when they refused to appoint Obama's nomination ahead of that election.
Another Utah senator could also play a prominent role over the next few days although for a different reason.
Sen. Mike Lee is among Trump's shortlist for the Supreme Court role, as is his brother, Thomas Lee, who is on the Utah Supreme Court.
Maine's Collins is another GOP senator who may oppose a Trump nominee due to pressure from voters in her own state.
She is in a tough race for re-election this year in her home state, which has been trending Democratic.
Ginsburg's death could have an impact on Collins' re-election effort and her posture on whether filling the high-court seat should await the outcome of the 2020 presidential race.
Late on Friday, Senate Majority leader Mitch McConnell issued a letter to GOP senators asking them not to reveal whether they will choose to vote before the election.
'For those inclined to oppose giving a nominee a vote, I urge you all to keep your powder dry. This is not the time to prematurely lock yourselves into a position you may regret later,' he wrote in a letter, seen by the Washington Post.
McConnell has said that he still hopes to complete the nomination process before November.
It can take several weeks to months between the president's nomination of a Supreme Court justice and a Senate confirmation vote as the nominee must go through a thorough vetting by the Senate and often make visits with individual senators to build support for the nomination.
Yet there are no set rules for how long the process should take once President Donald Trump announces his pick, and some nominations have moved more quickly. It will come down to politics and votes.
The last Supreme Court opening was filled in October 2018 by Justice Kavanaugh.
His confirmation faced strong opposition from Senate Democrats and included bitter hearings amid allegations, which he denied, of sexual misconduct decades earlier.
Having being nominated by Trump on July 6, the Senate voted in favor of Kavanaugh joining the court on October 6.
Trump has already remade the federal bench for a generation and the new vacancy in the highest court gives the president the ability to shape its future for decades to come if he is re-elected in November.
The likely bitter fight ahead was reflected in early statements by Republican and Democratic senators taking partisan sides on whether a Ginsburg replacement should await the election results.
Even though Republicans caused a 14-month Supreme Court vacancy by their refusal to consider an Obama replacement for Scalia in 2016, Republican Senator Rick Scott said on Friday: 'It would be irresponsible to allow an extended vacancy on the Supreme Court' this time, as he voiced support of Trump filling Ginsburg's seat.
Democrats reminded Republicans of that 2016 delay. And Democratic Senator Chris Coons said, 'Given all the challenges facing our country, this is a moment when we should come together rather than having a rushed confirmation process further divide us.
Since becoming Senate majority leader in 2015, McConnell has focused much of his attention and wielded his power to fill the federal courts with conservative judges nominated by Trump. More than 200 have been installed.
One senior Senate Republican aide said of McConnell, 'No way he lets a (Supreme Court) seat slip away.' The aide added that a major question will be whether McConnell, in tandem with Trump, attempts to fill the vacancy before the Nov. 3 election or sometime before Jan. 20, when the next president will be sworn-in.
Trump's two nominees to the court, Justice Neil Gorsuch, 53, and Justice Brett Kavanaugh, 55, are young appointments meaning that their potential tenure could last for decades.
If possible, the president is expected to pick a third young nominee, increasing the length of his influence on the court.
The current front runner is U.S. Circuit Judge Amy Coney Barrett, 48, a devout Catholic and pro-lifer, who will cause major concerns for liberals that her anti-abortion stance will lead to the removal of the Roe v Wade ruling that legalized abortion across the nation.
Other members of the current court are also in their 70s and 80s, potentially meaning the next president could have the chance to fill yet another vacancy.
Regardless of party, presidents tend to look for the same characteristics in potential Supreme Court picks.
Stellar legal credentials are a must. And they tend to be old enough to have a distinguished legal career but young enough to serve for decades. That generally means nominees are in their late 40s or 50s.
More recently, nominees have also previously clerked for a Supreme Court justice, an early mark of legal smarts. Five of the current justices previously clerked at the Supreme Court.
Who's Who On Trump's Supreme Court Shortlist!
Republican Senators
Ted Cruz, Texas. 49
Josh Hawley, Missouri. 40
Tom Cotton, Arkansas. 43
JUDGES
Bridget Bade, U.S. Court of Appeals for the Ninth Circuit. 54
Stuart Kyle Duncan, U.S. Court of Appeals for the Fifth Circuit. 48
James Ho, U.S. Court of Appeals for the Fifth Circuit, 47
Gregory Katsas, U.S. Court of Appeals for the District of Columbia Circuit. 56
Barbara Lagoa, U.S. Court of Appeals for the Eleventh Circuit. 52
Carlos Muņiz, Supreme Court of Florida. 51
Martha Pacold, U.S. District Court for the Northern District of Illinois. 41
Peter Phipps, U.S. Court of Appeals for the Third Circuit. 47
Sarah Pitlyk, U.S. District Court for the Eastern District of Missouri. 43
Allison Jones Rushing, U.S. Court of Appeals for the Fourth Circuit. 38
Lawrence VanDyke, U.S. Court of Appeals for the Ninth Circuit. 47
Current And Former Republican Officials
Daniel Cameron, Kentucky Attorney General. 34
Paul Clement, partner with Kirkland & Ellis, former solicitor general. 54
Steven Engel, assistant attorney general for the Justice Department's Office of Legal Counsel. 46
Noel Francisco, former U.S. solicitor general. 51
Christopher Landau, U.S. ambassador to Mexico. 56
Kate Todd, deputy White House counsel. 45
Community Forum
Topic: Trump is expected to ignore RBG's dying wish and nominate her replacement in day (Read 1206 times)
November 13, 2007, 08:50:16 am
