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US President Donald Trump has said he will nominate his candidate for the Supreme Court justice position over the weekend, and also asked the Republican-controlled Senate to confirm his choice before the election. appoint the president.
The plan started a fierce battle ahead of the Nov. 3 vote.
Trump wants to replace Ruth Bader Ginsburg, a radical who died Friday at age 87, with a conservative.
It seems to have received sufficient support in the Senate.
This would strengthen a right-wing majority in the highest court in the United States, where judges serve life sentences or until they decide to withdraw on their own.
The 9-member court’s balance of thought is central to court rulings on the most important issues of US law, with decisions made in recent years on importation. migration, carbon emissions and same-sex marriage.
Democrats have criticized Trump’s plan in which presidential candidate Joe Biden sees it as an “abuse of power.”
Meanwhile, Ms. Ginsburg will become the first woman in history to have a national mourning ceremony this Friday.
After her death from cancer, people across the country paid tribute to her, the famous feminist, who served in this court for 27 years.
What is the next step in the nomination?
On Monday, Trump said he “has a constitutional obligation” to nominate someone to the Supreme Court.
“We’re looking at five great jurists … extraordinary women in every way. I mean, frankly, it could be any one of them, and we’ll announce it on Friday or Saturday,” he told supporters in Ohio.
The president previously had a private meeting at the White House with potential candidate Amy Coney Barrett, an appeals court judge who has the backing of anti-abortion conservatives.
Once the president names a candidate, the Senate’s job is to vote to confirm it. The Judicial Committee will review the selection first and then vote to put the nominee in place to vote in full.
Senate Majority Leader Mitch McConnell promised to hold a confirmation vote before the November election, but Democrats accused him of being hypocritical.
After the death of Conservative Justice Antonin Scalia in 2016, McConnell declined to vote to confirm a candidate nominated by Democratic President Barack Obama.
Obama nominated Merrick Garland in February of that year, nine months before the election, but McConnell argued that the justices of the Supreme Court should not be approved in an election year.
This time, however, with a president from the same party, said the Senate leader, since the Senate and the White House are in the hands of the Republicans, unlike in 2016, the nomination will proceed.
Candidates for the Supreme Court need 60 votes in the Senate to be approved. But in 2017, McConnell voted to change the rules, so the nominees would need a 51-vote majority in the 100-seat Senate. This allows Senate Republicans to intensify the identification of Trump’s candidate as Neil Gorsuch.
Republicans currently have a 53-47 majority in the upper house.
The president’s plan to appoint judges gained momentum Monday after two of his party’s senators, who are already closely watched, Cory Gardner in Colorado and Charles Grassley in Iowa, voiced support for the confirmation.
His endorsement could give Republicans the 50 votes they need to back a judge, led by Vice President Mike Pence if necessary, to vote if the two sides are equal.
Lindsey Graham, chairman of the powerful Senate Judiciary Committee, said Monday that he would be “proactive in ensuring that the candidate nominated by President Trump has an audience.” , [và] they are taken to the United States Senate to vote. “
Mitt Romney, in Utah, is still undecided. Susan Collins in Maine and Lisa Murkowski in Alaska supported the postponement of the vote.
Ms. Collins said she is “not opposed” to the candidate review process that begins now, but does not believe the Senate should vote on a candidate before the November election. faces a tough reelection this year.
Murkowski said he “did not support the nomination eight months before the 2016 election” and believes “the same standards must now be applied.”
Even if Republicans lose a majority in the Senate on Nov. 3, the new National Assembly will not take office until Jan. 3, giving existing senators time to confirm their election. Mr trump
If the nominee is not confirmed on January 20, the inauguration day, who is president will re-nominate the candidate.
How long does it take to confirm a Supreme Court judge?
Usually it takes a long monthly process to go from screening to validation, but there are no rules regarding this time frame.
Since 1975, it has taken an average of 70 days. This time, the elections are just a few weeks away.
The last time lawmakers completed this quick statement was by Ginsburg’s own choice in 1993. It was then passed after 42 days.
What risks?
The highest court in the United States is often the court with the final judgment on highly contested laws, interstate disputes, and the federal government.
In recent years, courts have allowed the expansion of same-sex marriage to all 50 states, upheld President Trump’s travel ban in some Muslim-populated countries, and delayed plans for cuts. reduce U.S. carbon emissions
The court also addresses fertility issues like abortion, a controversial election issue, especially for one of Trump’s key Republican constituencies. Opponents of abortion have called for the revocation of protections against abortion, and the appointment of understanding judges has been one of Trump’s re-election efforts.
Clara Spera, Ginsburg’s granddaughter, revealed that the dying judge’s wish was not to be replaced until after the election. Ms Spera told the BBC World Service: “She is concerned for the country and for the court that she has tirelessly served for more than 27 years.
“I think he would be very pleased to know that there are so many people who believe that we must return to order and rules, that we agree and that they want to fulfill their fervent wish,” Spera said.
Mrs. Ginsburg’s national funeral will be held on Friday.
Which is the answer?
House Speaker Nancy Pelosi, Washington’s most powerful Democrat, suggested she could try to influence what happened next with the candidate’s endorsement.
Pelosi told the New York Times that she had “an arrow in her coat [bà], in the House of Representatives “but I will not elaborate.
On Sunday, Democratic presidential candidate Joe Biden said Trump had “made it clear that this is power, pure and simple.”
He urged Senate Republicans to “follow their conscience, let the people say, [và] to cool the fire that surrounds our country ”.
In prayers for Judge Ginsburg Sunday night, Democratic Senator Elizabeth Warren received cheers from the crowd for criticizing Republicans for the nomination.
“Mitch McConnell and his henchmen believe they can go to the Supreme Court 45 days after Election Day,” he said. “What Mitch McConnell doesn’t understand is that this war is just beginning.”
Who are the main candidates?
Barbara Lago: Cuban-American of the Court of Appeals for the 11th District based in Atlanta, was the first Hispanic judge on the Florida Supreme Court. She is also a former federal prosecutor.
Amy coney barrettA member of the Chicago-based 7th District Court of Appeals, she has the support of religious conservatives and is known for her stance against abortion. She is a legal scholar at Notre Dame Law School in Indiana.
Kate Comerford Todd: Deputy White House Counsel, well supported within the White House. He served as Senior Vice President and Senior Counsel for the American Chamber of Commerce Litigation Center.