Sen. Ted Cruz (R-TX) said on Fox News’ Hannity Friday night that the U.S. could face a “constitutional crisis” if President Donald Trump and the Senate wait until after the election to fill the Supreme Court seat made empty by Ruth Bader Ginsburg’s death.
Democrats have already pledged to fight a 2020 election loss for their candidate Joe Biden, and the case could very well end up a tie at the Supreme Court with its current makeup. Having a ninth justice could prevent a tie and give a definitive ruling.
Cruz acknowledged that there would be intense pressure to delay replacing Ginsburg until after the election.
“But this election — this nomination is why Donald Trump was elected,” Cruz said. “This confirmation is why the voters voted for a Republican majority in the Senate.”
“Democrats and Joe Biden have made clear, they intend to challenge this election, they intend to fight the legitimacy of the election. … And we cannot have Election Day come and go with a 4-4 court,” Cruz concluded.
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