Even as it mourned the death of Supreme Court Justice Ruth Bader Ginsburg, officials in Washington began contemplating her replacement on the court.

Supreme Court justice Ruth Bader Ginsburg has died at age 87. Ginsburg is most noted for her lifelong fight for equality for women.
USA TODAY
WASHINGTON  President Donald Trump and Senate Majority Leader Mitch McConnell signaled Friday they are prepared to move soon on what is likely to be a fraught process of filling the Supreme Court vacancy left by Justice Ruth Bader Ginsburg’s sudden death. 
McConnell asserted, shortly after Ginsburg’s passing, that he would bring a Trump nominee to the floor. And a senior administration official, speaking on the condition of anonymity to reveal internal discussions, confirmed Trump intends to choose a nominee soon, though declined to discuss a specific timeline. 
“President Trumps nominee will receive a vote on the floor of the United States Senate,” McConnell said in a statement.
“Americans reelected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary,” he added. “Once again, we will keep our promise.”
Even as they began to process and mourn the loss of Ginsburg’s death, officials at the White House and on Capitol Hill began thinking about the inevitable  and messy  process of filling her seat. 
The vacancy gives Trump an opportunity to create a solidly conservative court, perhaps for decades to come, though the already touchy process of confirming a nominee will begin to play out two months before a presidential election that has divided the nation. 
Supreme Court nominees generally take months to win confirmation even longer if controversy arises. Trump nominated Justice Neil Gorsuch in January 2017, days after taking office, and the Senate did not confirm him until April. The nomination of Justice Brett Kavanaugh, delayed by allegations of sexual assault, took three months in 2018.
That timing makes it unlikely to secure a confirmation by the election, but it would leave plenty of room to approve a nominee during a lame duck session regardless of whether Trump or Democratic nominee Joe Biden wins in November.  
When an election is on the horizon, the process can become even more complicated. McConnell is still widely remembered for refusing to give President Barack Obama’s last appointee to the high court, Judge Merrick Garland, a Senate hearing in 2016. 
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White House aides have long said Trump would nominate a replacement as soon as there is a vacancy. Earlier this month, Trump unveiled a new list of 20 potential nominees, part of an effort to his signal the direction he would take the court if reelected. 
News of Ginsburg’s death came as Trump was speaking at a campaign rally in Minnesota, apparently unaware of her passing.
As he wrapped up his remarks in Minnesota, Trump used a line he often delivers at his rallies, saying he would nominate justices “who interpret the Constitution as written.” He noted the winner of the presidential election could have the opportunity to appoint “one to four” new members of the high court. 
The White House did not immediately respond to request for comment.      
Trump officials in the past have described two potential candidates as favorites: Judge Amy Coney Barrett, who he placed on the U.S. Court of Appeals for the 7th Circuit, and Judge Amul Thapar of the 6th Circuit appeals court, a McConnell favorite.
Aides said they expect Trump to nominate a replacement soon, but did not want to discuss the process out of respect for Ginsburg.
On July 15, amid questions about Ginsburg’s health, White House Chief of Staff Mark Meadows told reporters that Trump would seek to fill any vacancy before Election Day.
I cant imagine that if he had a vacancy on the Supreme Court that he would not very quickly make the appointment and look for the Senate to take quick action,” he said. “That being said, were glad that Ruth Bader Ginsburg is well and out of the hospital and I dont want any comment there to be a suggestion that we do anything but wish her the very best in health. 
Despite McConnell’s vow to move ahead during an election, some members of his conference have voiced hesitancy, especially if the vacancy came close to an election. 
Sen. Lindsey Graham, R-S.C. and a close ally of the president, vowed in 2018 he would not fill a vacancy if it came too close to the election. 
“If an opening comes in the last year of President Trumps term, and the primary process has started, well wait until the next election,” he said at the time. 
Graham chairs the Senate Judiciary Committee, the panel that would be tasked with the nomination process for a new justice. 
In 2018, Sen. Chuck Grassley, R-Iowa and one of the most senior members of the Senate, similarly said he would not consider a nominee during an election. He played a key role in 2016 as chairman of the Senate Judiciary Committee, vowing not to start the nomination process of Garland. 
“Because I pledged that in 2016,” Grassley said, explaining his rationale. “That’s a decision I made a long time ago.”
The issue is also likely to be a challenge for moderate Republicans and those facing tough races in November. Polling has shown Democratic candidates up in several states, leaving the GOP’s 53-47 majority in danger. 
A source close to McConnell told USA TODAY that this vacancy will leave the Kentucky Republican in a bind given how other Republican senators might react to the news of Ginsburg’s death.
 “His hands may be tied,” the source said. “We just don’t know yet.”
Sen. Lisa Murkwoski, R-Alaska, a key moderate in the chamber, already has poured cold water on the idea of filling a vacancy so close to November, telling The Hill in August that doing so would be a “double standard” after Garland.
“I would not support it,” she said.
Opponents said Trump and the Republicans would pay a political price if they try to rush a replacement onto the high court.
“This seat will be filled in due time,” tweeted Neal Katyal, a legal commentator and former acting solicitor general.
“If Trump tries to rush it, he will be monkeying with the Court, w/devastating consequences,” he said in a tweet. “The Democrats will have options, incl increasing the size of the Supreme Court. For now, let’s take a deep breath and remember the legacy RBG left us.”
President Donald Trump speaks during a campaign rally at the Minden-Tahoe Airport in Nevada on Sept. 12, 2020.
 (Photo: Jason Bean, USA TODAY Network)
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