Majority Leader Mitch McConnell said the Senate has ample time to confirm a Supreme Court justice but did not indicate whether the nominee would be considered before or after the Nov. 3 election.
“The Senate has more than sufficient time to process a nomination,” the Kentucky Republican said Monday. “History and precedent make that perfectly clear.”
Senate Minority Leader Chuck Schumer, a New York Democrat, spoke on the floor after McConnell, saying the GOP “had no right” to confirm a new justice, even though they control the majority and the White House.
The two leaders staked their positions as the parties geared up for a bipartisan battle over replacing the late Justice Ruth Bader Ginsburg, who died on Friday.
McConnell pointed to several other justices confirmed within the same time frame or sooner, including John Paul Stevens, who was seated on the high court 19 days after the Senate received the nomination. Sandra Day O’Connor was confirmed in 33 days.
But Schumer said Republicans should not confirm a new justice so close to Nov. 3, which is more than 40 days away.
“The Senate has never confirmed a nominee to the Supreme Court this close to an election,” Schumer said.
Democrats remain angry over the GOP’s refusal to take President Barack Obama’s high-court nominee in 2016. Republicans at the time cited the upcoming election and the desire to let voters have a say in who picks the next Supreme Court justice.
“If that was how Leader McConnell and Senate Republicans justified their mindless obstruction of President Obama’s nominee, surely, they must abide by their own standard,” Schumer said. “What’s fair is fair. A senator’s word must count for something.”
McConnell did not indicate when this year the Senate will take up the nomination. The Senate could consider it any time before January.
McConnell said the standard applied in 2016 is different because the Senate and White House were controlled by opposite parties.
“We’re going to vote on this nomination on this floor,” McConnell said.
