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Mitch McConnell pledges Senate will vote on Ginsburg's supreme court replacement – live Mitch McConnell pledges Senate will vote on Ginsburg's supreme court replacement – live
(32 minutes later)
McConnell in 2016 argued it would be wrong to confirm a Democratic president’s nominee in the year before a electionMcConnell in 2016 argued it would be wrong to confirm a Democratic president’s nominee in the year before a election
The announcement that supreme court justice and progressive icon Ruth Bader Ginsburg died this evening has left many Americans shocked and grieving, and has launched an intense political battle within the US senate that could determine the basic rights of millions of Americans for decades to come.
I’m handing over our live politics coverage to our colleagues in Australia, who will continue to cover the reaction to Ginsburg’s death. Here’s summary of some of the key developments of this evening so far:
Ginsburg, the second woman to serve on the supreme court, died tonight in Washington, from complications from metastatic pancreatic cancer. She was 87.
Trump will nominate a replacement for Ginsburg, and the Republican-controlled senate has the power to confirm that nominee to the supreme court.
But Republicans have only a slight voting majority, raising questions about whether they have the votes to push through a controversial nominee just weeks before a presidential election. Republican Sen. Ted Cruz suggested they should move fast. Potential Senate swing votes, like Susan Collins and Mitt Romney, will face immense pressure as Republicans count their potential votes.
Senate majority leader Mitch McConnell released a statement saying that Trump’s nominee would get a vote in the Senate, but did not say exactly when. McConnell did make clear that he would ignore his own argument from 2016, when he suggested that confirming a president’s supreme court nominee months before a presidential election was inappropriate.
It’s very possible that Republicans may have enough votes to push through a nominee of their choice before Election Day. But there’s also the risk of electoral backlash from liberal voters if they do so. McConnell might decide it’s more strategic to try to push through a Republican justice after Nov. 3, but before a new president is sworn in, should Trump lose to Biden.
What will happen if the supreme court is left to decide a crucial case about the outcome of the 2020 election with only eight justices, instead of nine (and with a 5-3 conservative majority) is also a pressing question.
Ginsburg made her own position clear, telling her granddaughter this week: “My most fervent wish is that I will not be replaced until a new president is installed.”
Will Senate Republicans try to confirm a conservative supreme court justice immediately? Or will they wait until after the election, but before the inauguration, and try to push through a conservative just then?
Here’s what we know about what options Republicans are considering tonight:
Yes, Ginsburg’s death is a powerful opportunity for Trump, for Republicans, and for people who hope to make abortion illegal and advance other rightwing causes:
But the huge conservative victory of pushing through another Trump appointee could also backfire on election day, some Republicans are warning:
McConnell’s statement tonight pledging that Trump’s nominee will get a vote doesn’t necessarily mean a vote before election day, though Senator Ted Cruz is pushing for that:
And then there’s the question: what happens if there’s some kind of election crisis the supreme court is asked to decide, and it only has eight justices?
‘A person who dies on Rosh Hashanah is a person of great righteousness’‘A person who dies on Rosh Hashanah is a person of great righteousness’
The political battle over replacing Ruth Bader Ginsburg began barely an hour after the announcement of her death.The political battle over replacing Ruth Bader Ginsburg began barely an hour after the announcement of her death.
The outcome of that battle will have profound, even life-or-death consequences, and affect hundreds of millions of Americans for decades.The outcome of that battle will have profound, even life-or-death consequences, and affect hundreds of millions of Americans for decades.
But many Americans are also mourning Ginsburg herself: the “notorious RBG,” Jewish feminist icon and inspiration.But many Americans are also mourning Ginsburg herself: the “notorious RBG,” Jewish feminist icon and inspiration.
NPR’s Nina Totenberg visited Ginsburg today before her death:NPR’s Nina Totenberg visited Ginsburg today before her death:
SCOTUSblog on Ginsburg as a fighter and feminist icon in the legal worldSCOTUSblog on Ginsburg as a fighter and feminist icon in the legal world
The note RGB’s husband left her when he diedThe note RGB’s husband left her when he died
The Democratic presidential candidate Joe Biden said that the Republican-controlled senate should wait until after the election to confirm Ruth Bader Ginsburg’s replacement on the supreme court, following the precedent Republicans set in 2016.The Democratic presidential candidate Joe Biden said that the Republican-controlled senate should wait until after the election to confirm Ruth Bader Ginsburg’s replacement on the supreme court, following the precedent Republicans set in 2016.
The Republican Senate majority leader, Mitch McConnell, has already announced that Republicans will do whatever they want and Trump’s nominee will get a swift vote.The Republican Senate majority leader, Mitch McConnell, has already announced that Republicans will do whatever they want and Trump’s nominee will get a swift vote.
‘She’s dead? Wow.’ Reporters inform Trump Ginsburg has died‘She’s dead? Wow.’ Reporters inform Trump Ginsburg has died
NBC News has the moment on video:NBC News has the moment on video:
Average number of days to confirm a supreme court justice: 69.6Average number of days to confirm a supreme court justice: 69.6
Days until the 2020 presidential election: 45.Days until the 2020 presidential election: 45.
Romney spokesperson denies claim that he won’t support a nominee nowRomney spokesperson denies claim that he won’t support a nominee now
The Utah senator is seen as a potential Republican swing vote, part of a small handful of Republicans who might prevent the confirmation of a Trump appointee until after the November election.The Utah senator is seen as a potential Republican swing vote, part of a small handful of Republicans who might prevent the confirmation of a Trump appointee until after the November election.
But his spokesperson just called a claim that he would not support a nominee until after inauguration day “grossly false”.But his spokesperson just called a claim that he would not support a nominee until after inauguration day “grossly false”.
Ted Cruz: confirm a conservative replacement for Ginsburg before election dayTed Cruz: confirm a conservative replacement for Ginsburg before election day
The Republican Senator Ted Cruz was added to Trump’s supreme court nominee short list earlier this month. Trump quipped at a campaign rally tonight that Trump would get an easy nomination to the court, with backing from even Senate Democrats, since they would all be so eager to get Cruz out of the Senate.The Republican Senator Ted Cruz was added to Trump’s supreme court nominee short list earlier this month. Trump quipped at a campaign rally tonight that Trump would get an easy nomination to the court, with backing from even Senate Democrats, since they would all be so eager to get Cruz out of the Senate.
The crowd of mourners in front of the supreme court is growingThe crowd of mourners in front of the supreme court is growing
A historic war for the future of the supreme court, and for Americans’ rights
Ginsburg’s death has set up nothing short of a historic war for the future of the court – and American life under the law. Donald Trump and Republicans in the Senate are determined to replace Ginsburg with a conservative justice. Their doing so could decisively tilt the ideological balance of the court for a generation and would probably constitute the most lasting legacy of the Trump presidency.
At stake: reproductive rights, voting rights, protections from discrimination, the future of criminal justice, the power of the presidency, the rights of immigrants, tax rules and laws, and healthcare for millions of vulnerable Americans, to name a few issues. Every big issue in American life is on the line.
Trump released an updated list of potential supreme court nominees, including current Republican senators Ted Cruz, Josh Hawley and Tom Cotton, on 9 September.
Cotton’s response to being added to the list was to say that it’s time for the supreme court to make abortion illegal. Verbatim: “It’s time for Roe v Wade to go,” he said.
That landmark 1973 case found that women had a constitutional right to choose whether or not to have an abortion without excessive government interference.
As the Washington Post reported, Cotton also responded to Trump’s short list “by saying he ‘will always heed the call of service’ and that that he is ‘honored’ and ‘grateful’ to have the president’s confidence.”
Trump, before boarding Air Force One: ‘She just died? I didn’t know that’
The president offered brief comments to the press about Ginsburg before boarding Air Force One, according to the White House pool report:
“She just died? I didn’t know that.She led an amazing life, what else can you say? Whether you agree or not ... she led an amazing life.”
Trump avoids live reaction to news of Ruth Bader Ginsburg’s death
For more than an hour, as the news of the death of a key liberal supreme court justice left Americans shaken, and as a fierce political battle began to confirm a supreme court nominee before the election, Trump was on camera, at a campaign event in Minnesota, talking and talking and talking.
He riffed on one issue and then another, returning more than once to the issue of the supreme court, apparently unaware of the fundamental change in the political landscape. None of his staff intervened to notify him. An NBC News reporter covering the rally noted that someone in the crowd tried to yell the news to Trump at least once, but did not appear to be heard.
Full text of McConnell’s pledge to get Trump a vote on his supreme court nominee
The full statement Mitch McConnell, the GOP Senate majority leader, sent out, barely an hour after the news broke that liberal supreme court justice Ruth Bader Ginsburg had died.
Trump is still talking about the supreme court, doesn’t know Ginsburg is dead
It’s truly bizarre to watch the president continue to speak publicly about the importance of the supreme court in the 2020 election at a campaign rally, apparently unaware that Ginsburg has just died. Trump will apparently learn about this news later than many Americans, who watching him speak and riff on different subjects with apparently no idea that the world has fundamentally changed.
Republican senate majority leader Mitch McConnell, who argued that it would be wrong to confirm a Democratic president’s supreme court nominee in the year before a presidential election, now argues that it’s absolutely right to confirm a Republican supreme court nominee just 47 days before a presidential election.
This is how McConnell is justifying why the rules are simply different, depending on what benefits Republicans.
Key GOP senators who will face pressure not to vote to confirm Ginsburg’s replacement
Republicans have only a narrow majority in the Senate. Will enough Republicans decide to block the confirmation of a Trump-approved supreme court justice so close to the election?
Senator Susan Collins and Lisa Murkowski were both on the record as opposing, in theory, confirming a supreme court justice at a time that’s too close to the 2020 election.
But they will face tremendous pressure to change course:
And, as NBC’s Katy Tur points out, there is a real electoral cost for any GOP senator who votes against Trump on this key vote.