Possible Constitutional Crisis

 

Ted Cruz urges Senate to fill Ruth Bader Ginsburg's seat, warning of 'constitutional crisis' on Election Day

Ginsburg's death, less than 7 weeks before the Nov. 3 election, sets up a fierce partisan battle over the future of the court

Sen. Ted Cruz on Friday urged his fellow lawmakers to nominate and confirm a Supreme Court justice before the Nov. 3 presidential election following the death of Ruth Bader Ginsburg, warning of a looming "constitutional crisis" if the seat remains vacant.

"We cannot have Election Day come and go with a four-four court," Cruz said during an interview with Fox News' Sean Hannity. "A four-four court that is equally divided cannot decide anything. And I think we risk a constitutional crisis if we do not have a nine-justice Supreme Court, particularly when there is such a risk of a contested election."

The Texas Republican -- one of President Trump's 20 potential nominees to the court, according to a list issued last week by the White House -- called on Trump to nominate Ginsburg's successor next week. Ginsburg died Friday due to complications of metastatic pancreatic cancer. She was 87.

"I think it is critical that the Senate takes up and confirms that successor before Election Day," he said. "There's going to be enormous pressure from the media, there's going to be enormous pressure from the Democrats to delay filling this vacancy. But this election, this nomination is why Donald Trump was elected. This confirmation is why the voters voted for a Republican majority in the Senate."

Cruz continued: "I'll tell you one reason in particular why I think it is tremendously important that not only does the nomination happen next week, but that the confirmation happen before Election Day. Democrats and Joe Biden have made clear they intend to challenge this election. They intend to fight the legitimacy of this election. As you know, Hillary Clinton has told Joe Biden 'under no circumstances should you concede. You should challenge this election.'"