President Donald Trump is expected to present a candidate to fill the seat of Ruth Bader Ginsberg on the Supreme Court in the coming days, many sources close to the president and with direct knowledge of the situation told ABC News.
Resources The description of the list of potential nominees is very short and includes at least one woman. U.S. Circuit Judge Amy Connie Barrett is seen as the leading contender, two sources told ABC News.
Trump was asked about Ginsberg’s death after leaving his campaign rally Friday night in Minnesota and said his death was not reported. The 87-year-old judge died Friday after a battle with pancreatic cancer, the court announced.
“Wow. I didn’t know that. I just – you’re telling me for the first time now,” he told reporters. “She lived an amazing life. What else can you say? She was a beautiful woman. Believe it or not, she was a beautiful woman who lived an amazing life. I’m really sad to hear that. I’m sad to hear that. That. “
Sources added that Senate Majority Leader Mitch McConnell is already in contact with members of the Republican Caucus after news of Ginsberg’s death broke. Republicans currently have seat-holding seats and the Senate only needs a simple majority to confirm the nominee.
McConnell refused to bring then-President Barack Obama’s candidate in 2016 – Merrick Garland – to the floor to vote for Antonin Scalia, but said he would not do so this time.
“In the last midterm elections before Justice Scalia’s death in 2016, Americans voted for a Republican Senate majority because we promised to examine and balance the last days of the second term of the lame-duck president. We kept our promise. The Supreme Court’s nomination of the president of the opposition in the presidential election year has been confirmed, “McConnell said in a statement following Ginsberg’s death.
“On the contrary, the Americans re-elected our majority in 2016 and expanded it in 2018 because we promised to work with President Trump and support his agenda, especially his pending appointments to the federal judiciary. Once again, we will keep our promise.” , ”He continued. “President Trump’s nominee will get a vote on the floor of the United States Senate.”
Trump told CNN in March 2016 that he believes the next president – probably – him – should choose the nominee, not Obama.
“I think the next president should make a choice, and I don’t think he should move forward,” he told New Day on March 16, 2016. “And I believe the Republicans I agree with say. I think the next president should make a choice. We don’t have a long way to go.”
Sen. Lindsay Graham, RSC, went so far as to say that the Republicans officially changed the procedure in a speech from the floor in 2016 and could withdraw the video if the Supreme Court takes its place in 2020.
“If there is a Republican president in 2016 and there is a vacancy in the last year of his first term, you can say that Lindsay Graham said let’s run for the next president, whatever it is, and you can use my words against me.” And you’ll be fine, “he said.” We’re setting an example here today. “
Obama released a statement praising Ginsberg’s virtues, while simultaneously reminding Republicans of his decision in 2016.
“Four-and-a-half years ago, when Republicans refused to hold a hearing or an up-down vote on Merrick Garland, they discovered the principle that an open seat on the Supreme Court should not be filled by the Senate before the new president was sworn in.” He said in a statement. “The basic principle of the law – and the everyday fair chit – is that we apply the rules with consistency, and not based on whether it is convenient or beneficial at the moment.”
“The rule of law, the legitimacy of our courts, the basic functioning of our democracy are all based on that basic principle,” he added. “Since this election is already being voted on, Republican senators have now been asked to apply that standard.
Biden, the current Democratic presidential candidate at the time of Garland’s nomination, was vice president, and returning from campaigning in Minnesota, he told reporters late Friday night in Delaware that Republicans should stick to what he said in 2016.
“In the days to come, we should focus on the loss of justice and its enduring legacy. But there is no doubt about it – I am clear that voters should choose the president, and the president should choose justice for the Senate.” “Consider,” Biden said. “This was the position of the Republican Senate before 2001, when there were about 10 months left before the election. That position must be taken by the United States Senate today.”
Even if the nominee is put forward, the deadline for confirmation of justice before election day seems tight. According to the Congressional Research Service, the average number of days since the Scots were nominated for a final vote in the Senate is 69.6 days – about 2.3 months.
There are plenty of examples for nominations and confirmations in the Supreme Court in the years leading up to the presidential election. It has happened six times since 1900. The most recent nominations and confirmations in the election year were 1940, following the death of Justice Pierce Butler in office and Franklin D. Frank Murphy was nominated by Roosevelt in January 1940; It was confirmed 12 days later.
The latest election year was confirmed in 1916, when Charles Evans Hughes resigned in June, and President Woodrow Wilson appointed John Clarke on July 14. Ten days later they were unanimously confirmed. No one has ever filled before the election.
In light of all this, Garland’s 301G GOP blockade was indeed an anomaly, which McConnell now looks forward to doing if given the chance.
Swing Sense. Lisa Murkowski, R-Alaska and Susan Collins, R-Maine, each recently told the media that they do not believe the vote should be taken. Murkowski told Alaska Public Radio on Friday before Ginsberg’s death that no vote should be taken, while Collins told The New York Times’ Jonathan Martin earlier this month that he was too close to get justice in October.
Trump allies have already lined up behind the idea of quickly confirming the replacement. Texas Sen. Ted Cruz told Sean Hannity of Fox News, “I think the president should nominate a successor in court next week. I think it’s serious that the Senate takes over and confirms the successor before election day.”
Barrett, a former Notre Dame law professor who previously worked as a clerk for Scalia, visited Chicago’s U.S. Open in October 2017. This was confirmed before the Circuit Court of Appeals.
Here is a list of other potential candidates based on ABC News reporting:
Judge John Larson
Larson was confirmed for the 6th Circuit in Cincinnati in October 2017 and previously served in the Michigan Supreme Court. He is a professor of law at the University of Michigan, and like Barrett, he also worked as a clerk for Scalia.
Judge Amul Thapar
Thapar was confirmed to the 6th Circuit in May 2017 and was previously a federal judge in Kentucky before Trump nominated him to the 6th Circuit.
Judge Raymond Cathlage
President George W. Cathlage was confirmed before the Court of Appeals for the 6th Circuit in 2008 after being nominated by Bush. That Justice Anthony M. A former clerk for Kennedy and a former building lawyer for Ford Motor.
Judge Britt Grant
The grant was confirmed at the 11th Circuit in Atlanta last July. Prior to that Georgia was a partner of the Supreme Court Justice, the Georgia Solicitor General and Kirkland and Ellis.
Judge Thomas Hardyman
Hardyman, of the 3rd Circuit in Philadelphia, was the first person in his family to attend a college lodge, and he drove a taxi to help pay for a Georgetown University law degree.
He was also a top contender for the first two vacancies under President Trump.
Judge Niyomi Rao
Justice Clarence replaces Thomas’ former clerk Rao Trump, who previously served as U.S. Attorney for the DC Circuit. The Court of Appeals was occupied by Brett M. Kavanagh. He recently wrote an opinion ordering the dismissal of the case against Michael Flynn.
The report was contributed by ABC News’ Karma Allen, Mark Osborne, Devin Dwyer, Molly Nagley, Will Stickin, Trish Turner and Chris Donovan.
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