No reason for Senate GOP to wait until after election to confirm Trump’s Ginsburg replacement to Supreme Court:
Senate Majority Leader Mitch McConnell (R-Ky.) is under enormous pressure from his Democratic colleagues not to confirm whoever President Donald Trump may nominate to replace the late Ruth Bader Ginsburg before the election. But in truth, there is no reason, neither constitutional nor political, for Trump and McConnell to wait at all. The Constitution simply states, in Article II, Section 2, “The President… shall nominate, and by and with the advice and consent of the Senate, shall appoint … judges of the Supreme Court…” Meaning, under the law, when there is a vacancy, President Trump can make his nomination whenever he wants, and the Senate, led by McConnell, can confirm that nominee as soon as possible. Given the gravity of the vote — where it will cement a 6 to 3 Republican-appointed majority on the Supreme Court — it is probably safer for Republicans politically to push for the vote prior to the election. After all, a lot can change after the election. If the Supreme Court seat is on the ballot in November and the fate of the Ginsburg seat is uncertain, former Vice President Joe Biden and Democrats can use that to drive turnout not only in the presidential race against President Trump, but also House and Senate elections.
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