Washington—President Donald Trump said Monday he will announce his nominee for the empty Supreme Court seat at the end of this week, kickstarting a political fight set to upend the already nail-biting US election.
Down in the polls against Democratic opponent Joe Biden and widely criticized for his handling of the coronavirus pandemic, the Republican is seizing on the sudden vacancy at the constitutional court as a way to change the subject and super-charge his right-wing base.
“We’ll make a decision probably Saturday, maybe Friday” between five female candidates, Trump told reporters.
The death last week of Ruth Bader Ginsburg stripped the court, which was already tilted to the right, of one of its steadiest liberal votes.
With a chance to name his third new justice since entering the White House, Trump is now on the cusp of installing a firmly conservative majority for many years to come.
Biden is leading calls for the Republican-controlled Senate to delay voting on a nominee until the results of the November 3 election are known, arguing that to rush through confirmation before would be an “abuse of power.”
But Trump made clear Monday that he has no qualms in flexing his political muscle and his allies in the Senate have said they intend to deliver.
There is “overwhelming precedent behind the fact that this Senate will vote on this nomination this year,” said Republican Senate majority leader Mitch McConnell, dismissing comparisons to when GOP members refused in 2016 to vote on a replacement nominated by President Barack Obama for the late Justice Antonin Scalia.
Ginsburg is to lie in repose for public viewing at the Supreme Court on Wednesday and Thursday, and will lie in state Friday in the national statuary hall of the US Capitol, where an invitation-only ceremony is planned.
She will be buried next week in a private ceremony in Arlington, near the capital Washington.
Trump said his nominee announcement will wait until after memorial services are completed, but after that he wants to move full speed ahead.
Election politics
“The final vote should be taken before the election. We have plenty of time for that,” Trump said earlier Monday in an interview with Fox news.
Trump cited fears that a court with only eight judges left could end up in a 4-4 split on rulings following what is likely to be a close and contentious election.
“We don’t want to have a tie,” Trump said.
He rejected Democratic complaints, saying if they “were in the same position there is zero chance that they wouldn’t do it.”
“They wouldn’t even talk about it. They’d say ‘you’re crazy.’”
Trump confirmed that two women — Judge Amy Coney Barrett and Judge Barbara Lagoa — feature prominently on his short list. He also noted Lagoa is a Hispanic-American from Florida, a state that by some projections he has to win if he has any hope of securing a second term.
Lagoa is “excellent, she’s Hispanic, she’s a terrific woman,” he said. “We love Florida.”
Analysts say that a Supreme Court nomination saga could also shift attention away from the coronavirus pandemic, which has already killed nearly 200,000 Americans, and inspire Republican voters who want the Supreme Court to reflect their conservative views on issues like immigration, abortion and healthcare.
There are risks for Trump, though.
Ginsburg was an icon to the left and the fight to replace her with a conservative during an election race that Biden is currently leading might stir Democrats even more than Republicans.
A Reuters/Ipsos poll found that 62 percent of Americans, including one in two Republicans, think the vacant court seat should be filled only after the election.
In another potential warning sign to gung-ho Republicans, the Democratic fundraising group ActBlue reported Sunday that small donors had given a total of $100 million since Ginsburg’s death.
Trump, however, signaled he’ll play hardball, repeatedly rejecting reports that, in the days before her death, Ginsburg told her granddaughter that her final wish was for her seat to be filled by the new president.
“I don’t know she said that,” Trump told Fox, suggesting the statement was “written out” by Democratic leaders. “That came out of the wind.”
He later told the press conference the report seemed “just too convenient.”
