President Trump said in an interview before the death of Supreme Court Justice Ruth Bader Ginsburg that he would “move quickly” to fill a vacancy on the high court in the final months of his term.
“I would move quickly,” Mr. Trump said in an interview with radio host Hugh Hewitt. “Why not? I mean, they would. The Democrats would if they were in this position.”
Mr. Hewitt said on Twitter Friday night that the Court “must be at a full compliment [sic] should any election disputes such as Bush v Gore occur.”
In 2000, the Court ruled 5-4 to end a recount in Florida’s presidential election, resulting in Republican George W. Bush winning the presidency. Some observers are raising concerns that Justice Ginsburg’s death increases the likelihood of a deadlocked 4-4 vote if the presidential contest ends up at the high court and the vacancy hasn’t been filled.
Sen. Ted Cruz, Texas Republican who was touted by the president as a possible nominee Friday night, said the president should nominate a candidate quickly to avoid a tie vote in a “Bush v. Gore” situation.
“I believe the president should next week nominate a successor to the court, and I think it is critical the Senate takes up and confirms that successor before Election Day,” Mr. Cruz told Fox News host Sean Hannity.