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Trump to name Supreme Court pick this week

Joe Biden is leading calls for the Senate to delay voting on a nominee until the results of the 3 November election are known
Joe Biden is leading calls for the Senate to delay voting on a nominee until the results of the 3 November election are known

President Donald Trump has said he will announce his nominee for the empty Supreme Court seat at the end of this week, kickstarting a political fight set to upend the US election.

"We'll make a decision probably Saturday, maybe Friday" between five female candidates, Mr Trump told reporters.

The death last week of Ruth Bader Ginsburg stripped the court, which was already tilted to the right, of one of its steadiest liberal votes.

Ruth Bader Ginsburg died last week

With a chance to name his third new justice since entering the White House, Mr Trump is now on the cusp of installing a firmly conservative majority for many years to come.

Democrat opponent Joe Biden is leading calls for the Republican-controlled Senate to delay voting on a nominee until the results of the 3 November election are known, arguing that to rush through confirmation before would be an "abuse of power".

But Mr Trump made clear yesterday that he has no qualms in flexing his political muscle and his allies in the Senate have said they intend to deliver.

There is "overwhelming precedent behind the fact that this Senate will vote on this nomination this year," said Republican Senate majority leader Mitch McConnell, dismissing comparisons to when GOP members refused in 2016 to vote on a replacement nominated by President Barack Obama for the late Justice Antonin Scalia.

Ms Ginsburg will lie in repose for public viewing at the Supreme Court tomorrow and Thursday, and will lie in state Friday in the national statuary hall of the US Capitol, where an invitation-only ceremony is planned.

She will be buried next week in a private ceremony in Arlington, near the capital Washington DC.

Mr Trump said his nominee announcement will wait until after memorial services are completed, but after that he wants to move full speed ahead.

Election politics

"The final vote should be taken before the election. We have plenty of time for that," Mr Trump said yesterday in an interview with Fox News.

Mr Trump cited fears that a court with only eight judges left could end up in a 4-4 split on rulings following what is likely to be a close and contentious election.

"We don't want to have a tie," Mr Trump said.

He rejected Democratic complaints, saying if they "were in the same position there is zero chance that they wouldn't do it".

"They wouldn't even talk about it. They'd say 'you're crazy'."

Mr Trump confirmed that two women - Judge Amy Coney Barrett and Judge Barbara Lagoa - feature prominently on his short list.

He also noted Judge Lagoa is a Hispanic-American from Florida, a state that by some projections he has to win if he has any hope of securing a second term.

Ms Lagoa is "excellent, she's Hispanic, she's a terrific woman", he said. "We love Florida."

Analysts say that a Supreme Court nomination saga could also shift attention away from the coronavirus pandemic, which has already killed nearly 200,000 Americans, and inspire Republican voters who want the Supreme Court to reflect their conservative views on issues like immigration, abortion and healthcare.

There are risks for Mr Trump, though.

Ms Ginsburg was an icon to the left and the fight to replace her with a conservative during an election race that Mr Biden is currently leading in opinion polls might stir Democrats even more than Republicans.

A Reuters/Ipsos poll found that 62% of Americans, including one in two Republicans, think the vacant court seat should be filled only after the election.