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Biden:Don't Jam Through Justice Nominee09/21 06:06

   Joe Biden on Sunday slammed President Donald Trump and leading Senate 
Republicans for trying to jam through a replacement for the late Justice Ruth 
Bader Ginsburg and urged more senators to stand with a pair of GOP colleagues 
who oppose the election-season rush.

   PHILADELPHIA (AP) -- Joe Biden on Sunday slammed President Donald Trump and 
leading Senate Republicans for trying to jam through a replacement for the late 
Justice Ruth Bader Ginsburg and urged more senators to stand with a pair of GOP 
colleagues who oppose the election-season rush.

   The extraordinary televised plea from the Democratic presidential candidate 
to Republican senators reflected the ferocious maneuvering that has followed 
Ginsburg's death at 87 on Friday. Her passing upended a campaign that had, 
until then, focused on Trump's handling of the coronavirus pandemic, the 
nation's economic collapse and racial unrest that has stoked protests in U.S. 

   Trump has said he intends within days to name a woman to succeed the liberal 
icon, and Senate Majority Leader Mitch McConnell was moving ahead swiftly with 
plans for confirmation hearings and votes.

   Just hours before Biden spoke, a second Republican senator, Lisa Murkowski 
of Alaska, joined Sen. Susan Collins of Maine in opposing efforts to fill 
Ginsburg's seat before the next president is elected.

   It takes four Republicans to break ranks to keep Trump's nominee off the 
court. Attention quickly focused on Sen. Mitt Romney of Utah, who voted to 
convict Trump on one count of impeachment, and Sen. Chuck Grassley of Iowa, a 
former chairman of the Judiciary Committee.

   Biden acknowledged that those Republicans and others like them were his 
target audience when he warned that Trump's plan was an "abuse of power."

   "Uphold your constitutional duty, your conscience," said Biden, speaking in 
battleground Pennsylvania. "Let the people speak. Cool the flames that have 
engulfed our country."

   There was little chance of calm overtaking the historic campaign as early 
voting progressed and the death toll from the virus reached 200,000 Americans.

   Just before Murkowski joined Collins, House Speaker Nancy Pelosi referred to 
the House having "options" she did not name to stall or prevent the Senate from 
confirming Ginsburg's successor to the lifetime job.

   "We have arrows in our quiver that I'm not about to discuss right now," 
Pelosi said on ABC's "This Week." The House has no formal role in the 
confirmation of Supreme Court justices. But Pelosi would not rule out a new 
round of impeachment proceedings that might divert the Senate's attention. That 
route seemed unlikely.

   Meanwhile, Murkowski raised by one the number of Republicans opposing a rush 
to confirmation.

   "For weeks, I have stated that I would not support taking up" a potential 
nomination as the presidential election neared. "Sadly," she said, "what was 
then a hypothetical is now our reality, but my position has not changed."

   Collins, meanwhile, said the next president should name Ginsburg's 

   Republicans hold a 53-47 edge in the Senate. If there were a 50-50 tie, it 
could be broken by Vice President Mike Pence.

   There is another potential wrinkle: Because Arizona's Senate race is a 
special election, that seat could be filled as early as Nov. 30. If the winner 
is Democrat Mark Kelly, that would narrow the window for McConnell.

   Trump has said he is obligated to act as soon as possible and had at least 
two women in mind for the seat. Most Republicans concurred on the need for 
speed and one named a practical reason: The nine-member court, argued Sen. Ted 
Cruz of Texas, must be full if called upon to decide the outcome of a disputed 
presidential election.

   But Biden and other Democrats said voters should choose the next president, 
who should pick Ginsburg's successor. Health care, abortion rights and 
religious freedom are on the line, they said.

   Biden, who has run on uniting the country after Trump's divisive tenure, 
warned against more upheaval.

   "The last thing we need is a constitutional crisis that plunges us deeper 
into the abyss and deeper into the darkness," he said. He acknowledged that if 
Trump wins, his pick should be approved.

   But he added, "If I win this election, President Trump's nominee should be 
withdrawn and as the new president I should be the one to nominate Justice 
Ginsburg's successor."

   Nonetheless, the process for replacing her moved swiftly ahead. On a call 
with McConnell, R-Ky., late Saturday, Trump mentioned two federal appeals court 
judges: Amy Coney Barrett and Barbara Lagoa, according to a person familiar 
with the private conversation who was not authorized to publicly discuss the 
call and spoke on condition of anonymity.

   To the chants of "Fill that seat," Trump told supporters at an event 
Saturday night in North Carolina that he would nominate a woman as soon as this 

   "We win an election and those are the consequences," said Trump, who then 
seemed to signal that he'd be willing to accept a vote on his nominee during 
the lame-duck period after the election. "We have a lot of time. We have plenty 
of time. We're talking about January 20th" --- when the next president is 

   Democrats have denounced McConnell's move to push ahead as hypocritical, 
pointing out that he refused to call hearings for President Barack Obama's 
nominee, Merrick Garland, 237 days before the 2016 election.

   If the court were to take cases with eight justices, 4-4 ties would revert 
the decision to a lower court; for instance, the Affordable Care Act could then 
be struck down by a lower Texas court.

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