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Donald Trump’s decision to replace the late Supreme Court Justice Ruth Bader Ginsburg before the presidential election is an “abuse of power,” says his Democratic rival Joe Biden.
Trump has said he will nominate a woman to replace the old liberal justice.
Biden has urged Senate Republicans to delay the confirmation vote.
Ginsburg, a liberal icon and feminist standard-bearer, died Friday at the age of 87.
Democrats fear Republicans will vote to secure a decades-long conservative majority in the nation’s highest court.
The ideological balance of the nine-member court is crucial to its rulings on the most important issues in American law.
What has Biden said about Trump’s decision?
During a speech at the Constitutional Center in Philadelphia on Sunday, Biden said the president had “made it clear that this is about power, pure and simple.”
“The United States constitution allows Americans the opportunity to be heard, and their voice must be heard … they must make it clear that they will not tolerate this abuse of power,” he said.
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Joe Biden: “Our country faces a choice: if we return from the abyss”
“I appeal to the Senate Republicans: follow your conscience, let the people speak, cool the flames that have been engulfing our country,” he said.
“Don’t vote to confirm anybody nominated in the circumstances that President Trump and Senator McConnell created. Don’t go there.”
Biden said that if he won the presidential election, Trump’s nominee should be removed. He said he would then consult senators from both parties before presenting his choice.
He added that it would be a mistake to publish his list of possible candidates for the Supreme Court now, as this could expose some justices to political attack.
But she said her first Supreme Court election “will make history as the first African-American woman on the court.”
How have the senators reacted?
Two Republican senators, Susan Collins and Lisa Murkowski, have supported a delay in voting until after the November presidential election.
Maine Senator Ms. Collins said she “had no objection” to the review process for a candidate as of now, but that she did not believe the Senate should vote on the candidate before the election.
Later, Alaska Senator Ms Murkowski joined her in endorsing a delay: “I did not support accepting a nomination eight months before the 2016 election … Now we are even closer to the 2020 election. Less than two months later, and I think the same standard should apply, “he said.
Both women have diverged from party lines in the past, including on issues like abortion rights. Collins faces a difficult re-election this year and is trying to defend her reputation as a moderate.
If they are joined by two more Republican senators, they could block or at least delay a confirmation vote, since Republicans have a majority of just six in the Senate.
In the event the vote is a tie, the United States Constitution allows Vice President Mike Pence to cast a tiebreaker vote.
To avoid that outcome, McConnell seeks to secure the support of Republican senators. He has already won the backing of Republican Senator Lamar Alexander, who was seen as a potential swing vote.
On Sunday, Alexander said the US Constitution “gives senators the power” to vote on a Supreme Court nomination, even during a presidential election year.
What has Trump said about Ginsburg’s successor?
Trump has promised to swear in Ginsburg’s successor “without delay.”
“I think it should be a woman because I actually like women a lot more than men,” she said at a campaign rally in Fayetteville, North Carolina, on Saturday.
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President Trump said that Ginsburg’s successor will be a “very talented and very bright woman.”
Earlier, Trump praised two judges serving in federal appeals courts as possible options. Both justices, Amy Coney Barrett and Barbara Lagoa, are conservatives who would tip the balance of the Supreme Court in favor of the Republicans.
Democrats have vigorously opposed any nominations before the November elections, arguing that Senate Republicans blocked the election of Democratic President Barack Obama to the United States’ highest court in 2016.
At the time, Senate Majority Leader Mitch McConnell justified the move by claiming it was an election year. But on Friday, Senator McConnell said he intended to act on any nomination Trump made and put it to a vote in the Senate before Election Day.
How quickly can a Supreme Court judge be appointed?
Since 1975, the Senate has taken about 70 days on average to confirm a nominee.
The appointment of judges in the United States is a political matter, which means that the president can choose who he runs for. The Senate then votes to confirm or reject the election.
After the president announces his nomination, the Senate Judiciary Committee examines the nominee and conducts confirmation hearings. Nominees generally meet with senators in person in Washington DC, and if the committee approves the nomination, it goes to the full Senate for a final confirmation vote.
A simple majority is required to appoint a Supreme Court justice.
Doing all of this before the November 3 election, less than 50 days away, would require unusual speed.
The last time this process was completed within this period was in 1993, with Ginsburg. It took 42 days for it to be confirmed by the Senate after being nominated by then-President Bill Clinton, according to data from the Congressional Research Service.
In a statement to her granddaughter, days before her death, Ginsburg expressed her “fervent wish” not to be replaced until a new president took office.
Ginsburg was one of four Liberals on the nine-seat bench. His death means that if the Republicans succeed in passing the vote, the balance of power would shift decisively towards the Conservatives.
How have Americans been paying homage to Ginsburg?
Ginsburg, the second woman to serve on the Supreme Court, died of metastatic pancreatic cancer at her home in Washington DC, surrounded by her family.
Pain, appreciation, and anxiety have been seen across the United States as the country reflects on its groundbreaking legal career and the future direction of the Supreme Court.
- Ginsburg Tributes: ‘A Warrior for Gender Equality’
- Ruth Bader Ginsburg’s most memorable statements
The memorials attended by thousands of people across the country this weekend have shown the esteem in which Ginsburg is held.
Supporters of the woman some affectionately call “The Notorious RBG,” a play named after the late rapper, The Notorious BIG, have been gathering in front of the Supreme Court in Washington DC since Friday night. Visitors to the court have left flowers and banners in tribute, contributing to an impromptu vigil.
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The mourners have been gathering in front of the Supreme Court since Friday night.
The Supreme Court said the flags in its front plaza will be flown at half mast for 30 days in honor of Ginsburg. In a statement Sunday, the court said Ginsburg’s bench chair and the bench directly in front of it have also been covered with black wool crepe.
This, the court said, was done in accordance with a 147-year tradition of the death of a sitting judge.
What does the Supreme Court do?
The highest court in the US is often the last word on highly controversial laws, disputes between states and the federal government, and final appeals to stay executions.
In recent years, the court has expanded gay marriage to all 50 states, allowed President Trump’s travel ban to be enacted and delayed a U.S. plan to cut carbon emissions while appeals progress.
- Why is the US Superior Court so important?
It also addresses issues such as reproductive rights, one of the main reasons some anti-abortion conservatives want to tip the balance away from liberals.
Who are the main contenders?
- Barbara Lagoa: Cuban-American of the Court of Appeals for the 11th Circuit based in Atlanta, she was the first Hispanic judge on the Florida Supreme Court. She is a former federal prosecutor
- Amy Coney Barrett: A member of the Chicago-based Court of Appeals for the Seventh Circuit, she is a favorite of religious conservatives and known for her views against abortion. She was a legal scholar at Notre Dame Law School in Indiana.
- Kate Comerford Todd: Deputy White House Attorney, he has a lot of support within the White House. He served as a former Senior Vice President and Senior Counsel for the US Chamber Litigation Center.
