When it comes to raw political power, Republicans could replace the late Justice Ruth Bader Ginsburg before the election. Were President Trump and Majority Leader Mitch McConnell the no-holds-barred, win-at-all-costs knife fighters their reputations suggest, they would rush a nominee through before the election. With a 6-to-3 conservative majority on the Supreme Court, the Right could secure power over the levers of government for decades.

But power is not the only thing. Democratic legitimacy matters in America. We are in an election season, and it would be a sloppy rush job to run a whole confirmation process before Nov. 3 while one third of senators are out on the campaign trail. Trump shouldn’t rush anything, but he also shouldn’t shy away from the confirmation battle. There’s no precedent for a president declining to nominate someone to fill a Supreme Court vacancy simply because an election is coming.