Republicans begin to line up for Court judge vote

Republicans approve replacement of judge before 3:27 elections

Washington (CNN) -

Senate Majority Leader Mitch McConnell is moving closer to securing enough support to pave the way for the confirmation of a new Supreme Court candidate.

The vote comes in the midst of a hugely momentous election year, increasing calls for a quick vote that could fundamentally alter the court in a much more conservative direction for decades to come.

Two key Republican senators - Cory Gardner, who faces a tough reelection fight in Colorado, and Chuck Grassley of Iowa, who had previously suggested he was opposed to filling a vacancy this year - signaled Monday that they would be open to confirm a candidate from Trump to the Supreme Court.

It's a sign that McConnell is at this stage closer to having the GOP votes he would need to secure confirmation of a new judge.

While Senate Republicans are still unsure about the timing of the vote, party leaders are increasingly confident that they will confirm a candidate, either just before the election or shortly after, regardless of the outcome and despite having taken the opposite position four years ago when then-President Barack Obama sought to fill a vacancy during an election year.

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When asked Monday if the Senate would confirm a Trump Supreme Court nominee in a session with a powerless president if Biden wins, Republican Sen. John Cornyn of Texas said, "You mean when we're still in our mandate and the president is still Trump?

Of course".

Will there be confirmation of the candidate before the elections?

Senate Judiciary Chairman Lindsey Graham, a Republican from South Carolina, said on Fox News that Republicans will confirm Ginsburg's replacement on the Supreme Court before Election Day.

"The candidate for the Supreme Court will be supported by all Republicans in the Judicial Committee and we have the votes to confirm the judge, the justice, in the full Senate before the elections, and that is what comes," said Graham.

Graham's comments are all the more remarkable because there is no candidate and he claims that Republicans are already promising to give final approval to Trump's election in what would be one of the fastest Supreme Court confirmations in modern history.

Currently, there are 53 Republican senators, which means they can only lose three Republicans if Vice President Mike Pence steps in to cast a tiebreaker vote.

So far, two Republicans, Lisa Murkowski of Alaska and Susan Collins - who faces a competitive reelection fight in Maine - have voiced their opposition to taking whoever Trump nominates to fill the vacant seat of the late Judge Ruth Bader Ginsburg by Sept. 3. November.

But it is not clear if there will be more Republican defections.

Republican Sen. Mitt Romney of Utah has yet to say his position.

"I'm not going to talk about this until I have a chance to talk to my colleagues," he said.

But even if she were opposed to going forward with a Supreme Court nominee, it is unclear whether there would be a fourth Republican senator who would do the same, and many Republicans believe it is doubtful that a fourth would break ranks.

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Republicans line up to confirm Trump's candidate

The president has yet to formally name a candidate, and his decision of who he nominates will influence how senators vote.

It is also impossible to predict how the Senate confirmation process will unfold and what setbacks could still loom for any candidate.

But Gardner and Grassley's remarks on Monday could serve to push the Republican Senate conference to unite and move quickly to elect a candidate.

On Monday night, Gardner noted that he is not opposed to confirming a candidate near an election.

“I have supported and will continue to support judicial candidates who will protect our Constitution.

They will not legislate from the court and defend the law.

Should a qualified candidate who meets these criteria come forward, I will vote to confirm.

In 2016, after Obama announced Merrick Garland's nomination to the Supreme Court following the death of Justice Antonin Scalia, Gardner said in a statement: "The next president of the United States should have the opportunity to fill the vacancy on the Supreme Court. ».

“Our next elections are too early and the stakes are high;

the American people deserve a role in this process as the next Supreme Court justice will influence the direction of this country for years to come, ”he said at the time.

Grassley, chairman of the Senate Finance Committee and former chairman of the Senate Judiciary Committee, said Monday that he is on McConnell's side, despite suggesting in July that he would not be in favor of going forward with a candidacy this year if he still has. was president.

of the Commission.

A difficult choice to replace Ruth Bader Ginsburg

In a statement Monday, Grassley said: "Once the hearings are underway, it is my responsibility to assess the candidate on the merits, as I always have," adding: "Make no mistake: if the shoe were on the other foot, Senate Democrats would not hesitate to use their constitutional authority and whatever else at their disposal to fill this position.

The looming fight before the Supreme Court puts vulnerable Republicans in a tough spot, as Democrats call for any candidate to be put on hold for consideration until after the inauguration.

And the high-stakes fight could have dramatic implications for the race for control of the Senate and the White House.

A statement by Republican Sen. Joni Ernst, who faces competitive reelection in Iowa and is on the Senate Judiciary Committee, did not address her take on the timing.

In the statement, Ernst said: “We have a lot to consider in the coming days.

The Supreme Court plays a fundamental role in the defense of our Constitution and in protecting our rights and freedoms.

Once the President presents his candidate to the Supreme Court, I will fulfill my duty, as a member of the Senate Judiciary Committee, to evaluate the candidate for the highest court in our nation. "

In a Senate speech Monday, McConnell defended his vote that a candidate will get a vote in the Senate, adding that “the Senate has more than enough time to process a nomination.

History and precedents make it perfectly clear.

McConnell has not yet specified whether a vote will be held before or after the election.

A quick choice of the candidate

Senator John Thune, the second Republican in the Senate, said Monday that he does not know if there are four Republicans who are against going ahead with a Supreme Court nomination vote before the presidential election.

"It's difficult," Thune said.

'We haven't heard from everyone.

We know for the most part where most of our members are, but until we get a chance with everyone together, I think it's probably a bit early to speculate on that. "

Some Republicans acknowledged Monday that it can be challenging to confirm a new judge before Election Day, but suggested that confirmation could still proceed during a poor session after the election, even if former Vice President Joe Biden were to win the White House. .

When asked if it could be done in 43 days, the amount of time left before the November 3 election, Cornyn said: “Those that have been done more quickly have usually been done with much more cooperation.

I think I'm not expecting much cooperation from the Democrats, so they can probably extend it further.

When Republican Senator Roy Blunt of Missouri was asked if confirmation could be made before the election, he said: “It would be the new recent world record… we would have to do more than we have done in a long time.

It's time to make one so fast, but it's possible.

The Roe v.

Wade

Will abortion return to the Supreme Court?

0:47

When asked if it would be fair to vote with a president without ad portas to leave office, if Trump loses, he said: "Well, many presidents have lost and confirmed the judges during the period before re-inauguration."

Thune declined to discuss a hypothesis about whether he would support a nomination vote during a transitional period if Trump lost the election.

"That is hypothetical, I will not go into that," he replied.

While Trump has yet to name a candidate, on Monday he said he plans to do so by the end of the week, and said it will likely happen on Friday or Saturday.

Judge Amy Coney Barrett, a federal appeals judge and Notre Dame law professor, is currently considered one of the top contenders.

Republican Sen. Josh Hawley, who has said his support for a Supreme Court justice depends on whether the candidate believes Roe v.

Wade, the landmark Supreme Court abortion case, "was incorrectly decided," said Barrett, an appeals court judge, meets that test.

When asked about Barrett, he said, “As for the Roe question, yes.

I think it meets that standard.

- Ali Zaslav, Vogue's Ariane, CNN's Phil Mattingly and Lauren Fox contributed to this report.

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