Utah Republican Sen. Mitt Romney said Tuesday he supports voting to fill the late Justice Ruth Bader Ginsburg’s seat on the Supreme Court, all but ensuring President Donald Trump has the backing needed to push the nomination over Democratic objections that it’s too close to the November election.
Romney issued a statement saying he would support moving forward.
“If the nominee reaches the Senate floor, I intend to vote based upon their qualifications,” Romney said.
The Senate’s judiciary chair who will shepherd the nomination through the chamber said Republicans have the votes they need for confirmation — even though no nominee has been announced.
“The nominee is going to be supported by every Republican in the judiciary committee,” chair Lindsey Graham told Fox News late Monday. “We’ve got the votes to confirm the justice on the floor of the Senate before the election, and that’s what’s coming.”
LISTEN l The heated Senate fight ahead:
More turbulence in presidential campaign
Four Republicans could halt a quick confirmation. Trump criticized Republican Senators Susan Collins of Maine and Lisa Murkowski of Alaska for opposing a vote before elections. The president warned they would be “very badly hurt” by voters.
The mounting clash over the vacant seat — when to fill it and with whom — injects new turbulence in the presidential campaign with the nation still reeling from the coronavirus pandemic that has killed nearly 200,000 Americans, left millions unemployed and heightened partisan tensions and anger.
Both sides are mobilizing for a wrenching confirmation fight punctuated by crucial issues before the court — health care, abortion access and even the potential outcome of the coming presidential election.
Democrats point to hypocrisy in Republicans trying to rush through a pick so close to the Nov. 3 election after Senate majority leader Mitch McConnell led the GOP in refusing to vote on Merrick Garland, a nominee of President Barack Obama in February 2016, long before that year’s election.
Republican Senator Mitt Romney says he supports a vote on Trump’s Supreme Court nominee. The GOP has 53 votes while the Democrats have 47; 2 Republicans have said they oppose a vote, but the Democrats need 2 more defections. Romney was considered among the most likely to do so. <a href=”https://t.co/UwzhqQpJMY”>pic.twitter.com/UwzhqQpJMY</a>
Romney, like McConnell, told reporters Tuesday the circumstances are different this time as the same party controls both the White House and the Senate.
“I came down on the side of the Constitution and precedent as I’ve studied it and [made] the decision on that basis,” he said.
Trump to announce nominee on Saturday
Democratic presidential nominee Joe Biden, has said that voters should speak first, on Election Day, and the winner of the White House should fill the vacancy. Biden has appealed to Republicans to join Murkowski and Collins in opposing a confirmation vote before the election.
Trump, meanwhile, said in a tweet he would announce his choice to replace the late Ginsburg on Saturday, setting off a Senate battle with Democrats.
At a Trump rally later Monday in Ohio, people chanted, “Fill the seat!”
Republicans hold a 53-47 majority in the chamber and can confirm a justice by a simple majority.
With just over a month before the election, McConnell said the Senate has “more than sufficient time,” though most confirmations have typically taken over two months.
No nominee has won confirmation so quickly since Sandra Day O’Connor — with no opposition from either party — became the first woman to serve on the Supreme Court in 1981.
WATCH l On Ginsburg’s life and legacy:
The president met with conservative Judge Amy Coney Barrett at the White House on Monday and told reporters he would interview other candidates and might meet with Judge Barbara Lagoa when he travels to Florida later this week. Conversations in the White House and McConnell’s office have been increasingly focused on Barrett and Lagoa, according to a person granted anonymity to discuss the private deliberations.
Barrett, 48, a judge on the U.S. Court of Appeals for the 7th Circuit, was a strong contender for the seat that eventually went to Brett Kavanaugh in 2018. At the time, Trump told confidants he was “saving” Barrett for Ginsburg’s seat.
She clerked at the U.S. Court of Appeals for the District of Columbia Circuit and also clerked at the Supreme Court for Justice Antonin Scalia.
Barrett has long expressed sympathy with a mode of interpreting the Constitution, called originalism, in which justices try to decipher original meanings of texts in deciding cases. Many liberals say that approach doesn’t allow the Constitution to change with the times.
Trump has said he would choose a woman, and he admitted that politics may play a role. He gave a nod to another election battleground state, Michigan, and White House officials confirmed he was referring to Joan Larsen, a federal appeals court judge there.
The president also indicated that Allison Jones Rushing, a 38-year-old appellate judge from North Carolina, is on his short list. His team is also actively considering Kate Todd, the White House deputy counsel who has never been a judge but was a clerk for Justice Clarence Thomas.
Ginsburg, 87, died Friday of metastatic pancreatic cancer. She will lie in state at the U.S. Capitol this week, the first woman ever accorded that honour. First, her casket is to be on view midweek on the steps of the high court.