In 1992, then-Senator Joe Biden responded to a hypothetical question by declaring that if a Supreme Court vacancy becomes available during an election year, and the President is from one party and the Senate is controlled by another, then there should not be a vote on a replacement until after the election. This became known as the "Biden Rule."
But we are not in that scenario. Ruth Bader Ginsburg has passed away. The Senate is held by Republicans. The President is a Republican. And we have 45 days until the election.
President Trump signaled this morning that he will be nominating a replacement.
Here is the problem: never underestimate the GOP's ability to cave to Democrats' demands. Republicans are already getting cold feet and signaling they will help keep the seat open!
Lisa Murkowski (R-AK) has become the first GOPer to say that she will not vote for a new Supreme Court nominee. Since Barack Obama's radical pick — Merrick Garland — was blocked, Murkowski says Trump's pick should be blocked as well. "Fair is fair," she said. Now, this quote came yesterday, but before the news broke that Ruth Bader Ginsburg had passed away. We are still hopeful that we can reverse her stance.
But just think about that, for a second. We have a chance to secure major victories on pro-life and pro-gun issues, fights we have been waging for decades, and this coward says she won't vote for a nominee because "fair is fair?"
Susan Collins (R-ME) is facing a tough re-election fight in Maine. She is also on the record saying it is hard to see a way to confirm a nominee so close to the election.
Lamar Alexander (R-TN) is retiring this year. When he used to run the Senate Judiciary Committee, he said that he would not allow a hearing on a new Supreme Court nominee this close to an election.
Then, there is Mitt Romney (R-UT). Rumors spread last night that Romney had decided to oppose any nominee that Trump would put forward. Romney's Communications Director came out and denied the allegation, but it is clear that we cannot trust Romney to do the right thing.
If those four Republicans vote against Trump's nominee, it is over. We can stand to lose three Republican votes but if we lose four, it is over.
Democrats are going to give everything they have to block this. They know that the GOP is largely made up of cowards who will cave at the slightest hint of pressure.
If you thought Kavanaugh's confirmation was bad, this is going to get nuclear.
And the stakes truly couldn't be higher. The leading candidate is obviously Amy Coney Barrett. She is a rock-solid conservative and is only 40 years old. If confirmed, she could serve on the Supreme Court for four decades.
It is not an exaggeration. What happens over the next 45 days will decide the future of this country. It will decide whether we have a solid conservative majority on the Supreme Court for years to come, or whether John Roberts will get to continue casting deciding votes with the liberal justices. That is a really important part of this. Adding another Conservative to the bench would eliminate John Roberts' power as a "swing vote."
There is too much at stake here. Donald Trump will nominate a Conservative. It is up to YOU to stop the GOP from surrendering and leaving the seat open!
I have seen some Establishment Republicans say that we need to spend some time remembering Ginsburg's career before talking about her replacement. I say we can walk and chew gum at the same time.
The truth is that we are up against the clock here. If Trump's nominee is to get confirmed, he or she will have to be the fastest confirmation that this country has seen in decades.
Remember during the Kavanaugh process when spineless Republicans pumped the brakes and demanded more time to consider the bogus allegations against him? If Republicans delay even a little bit, there will not be enough time to fill the seat before the election. There is no room for error here.
We are already seeing Republicans' resolve starting to buckle. That is why it is so important for you to rise up right now and FORCE them to confirm Trump's nominee!
Fight with everything you've got!