Graham: GOP will confirm Trump's Supreme Court nominee before the election | TheHill - The Hill

Senate Judiciary Committee Chairman Lindsey GrahamLindsey Olin GrahamMcConnell locks down key GOP votes in Supreme Court fight Will Republicans' rank hypocrisy hinder their rush to replace Ginsburg? Momentum growing among Republicans for Supreme Court vote before Election Day MORE (R-S.C.) predicted on Monday that Republicans will confirm President TrumpDonald John TrumpBiden leads Trump by 36 points nationally among Latinos: poll Trump dismisses climate change role in fires, says Newsom needs to manage forest better Jimmy Kimmel hits Trump for rallies while hosting Emmy Awards MORE's forthcoming nominee to fill the late Justice Ruth Bader GinsburgRuth Bader GinsburgRegina King accepts Emmy wearing Breonna Taylor shirt, urges viewers to vote Ocasio-Cortez to voters: Tell McConnell 'he is playing with fire' with Ginsburg's seat Mural of Ruth Bader Ginsburg pops up blocks away from White House MORE's Supreme Court seat before the November election.

"I've seen this move before. It's not going to work. ... We've got the votes to confirm Justice Ginsburg's replacement before the election. We're going to move forward in the committee. We're going to report the nomination out of the committee to the floor of the United States Senate so we can vote before the election," Graham told Fox News. 

"We're going to have a process that you will be proud of. The nominee is going to be supported by every Republican in the Judiciary Committee. And we've got the votes to confirm the ... justice on the floor of the Senate before the election, and that's what is coming," he added. 

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Graham's prediction comes as Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellOcasio-Cortez to voters: Tell McConnell 'he is playing with fire' with Ginsburg's seat McConnell locks down key GOP votes in Supreme Court fight Video shows NYC subway station renamed after Ruth Bader Ginsburg MORE (R-Ky.) hasn't yet tipped his hand on if he will push for a vote before the Nov. 3 election or wait until the end-of-the-year lame-duck session, a strategy that could have risks for Republicans if Trump loses. 

McConnell, speaking from the Senate floor on Monday, only vowed that Trump's forthcoming nominee, who the president is expected to name later this week, will get a vote on the Senate floor this year. 

"The Senate will vote on this nomination this year," McConnell said. 

If Democrats want to prevent McConnell from filling the seat, they will need to win over four GOP senators to vote against proceeding to the nomination. Sen. John ThuneJohn Randolph ThuneWhat Senate Republicans have said about election-year Supreme Court vacancies The Hill's 12:30 Report - Presented by Facebook - Don't expect a government check anytime soon The Hill's Morning Report - Sponsored by The Air Line Pilots Association - Trump contradicts CDC director on vaccine, masks MORE (R-S.D.), McConnell's No. 2, also stopped short of predicting Republicans would have at least 50 of their 53 members, noting the issue would be discussed at a closed-door caucus lunch on Tuesday. 

So far, two GOP senators — Susan CollinsSusan Margaret CollinsMcConnell locks down key GOP votes in Supreme Court fight Most Americans think winner of election should pick next Supreme Court justice: poll Murkowski: Supreme Court nominee should not be taken up before election MORE (Maine) and Lisa MurkowskiLisa Ann MurkowskiMcConnell locks down key GOP votes in Supreme Court fight Most Americans think winner of election should pick next Supreme Court justice: poll Murkowski: Supreme Court nominee should not be taken up before election MORE (Alaska) — have said they don't think the Senate should take up the nomination before the election. 

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But McConnell appears to have locked down other key swing votes, including institutionalists such as Sen. Lamar AlexanderAndrew (Lamar) Lamar AlexanderMcConnell locks down key GOP votes in Supreme Court fight Alexander backs vote on Trump Supreme Court nominee: What Democrats 'would do if the shoe were on the other foot' Toobin: McConnell engaging in 'greatest act of hypocrisy in American political history' with Ginsburg replacement vote MORE (R-Tenn.) and vulnerable GOP incumbents such as Sens. Joni ErnstJoni Kay ErnstPoll shows tight Senate race in Iowa Will Republicans' rank hypocrisy hinder their rush to replace Ginsburg? Momentum growing among Republicans for Supreme Court vote before Election Day MORE (R-Iowa) and Cory GardnerCory Scott GardnerMcConnell locks down key GOP votes in Supreme Court fight Will Republicans' rank hypocrisy hinder their rush to replace Ginsburg? Jeff Flake: Republicans 'should hold the same position' on SCOTUS vacancy as 2016 MORE (R-Colo.), who both signaled support on Monday for filling a Supreme Court vacancy this year. 

Sen. Mitt RomneyWillard (Mitt) Mitt RomneyGOP set to release controversial Biden report McConnell locks down key GOP votes in Supreme Court fight Will Republicans' rank hypocrisy hinder their rush to replace Ginsburg? MORE (R-Utah) is viewed as the last likely swing vote on the issue. Even if he came out against taking up the nomination before the election, that would still put the Senate at 50-50 tie and let Vice President Pence break a tie. 

Graham's position on the Supreme Court vacancy has come under scrutiny after a 2016 video went viral over the weekend of the GOP senator saying that a Supreme Court seat should not be filled during an election year. 

"I want you to use my words against me. If there's a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say Lindsey Graham said let's let the next president, whoever it might be, make that nomination," he said four years ago when arguing against then-President Obama's nomination of Merrick GarlandMerrick Brian GarlandOcasio-Cortez to voters: Tell McConnell 'he is playing with fire' with Ginsburg's seat Video shows NYC subway station renamed after Ruth Bader Ginsburg Alexander backs vote on Trump Supreme Court nominee: What Democrats 'would do if the shoe were on the other foot' MORE.

But Graham has argued that the contentious confirmation process in 2018 surrounding Justice Brett KavanaughBrett Michael KavanaughMcConnell locks down key GOP votes in Supreme Court fight Names to watch as Trump picks Ginsburg replacement on Supreme Court Battle lines drawn on precedent in Supreme Court fight MORE, who faced allegations of sexual assault, changed his view of the court fight. 

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Democrats on the Judiciary Committee sent Graham a letter over the weekend urging him to delay action on a Supreme Court nominee until a new Senate is sworn in next year.

Graham, however, rejected that request in a letter on Monday responding to committee Democrats, adding that he would "proceed expeditiously."

“I ... think it is important that we proceed expeditiously to process any nomination made by President Trump to fill this vacancy. I am certain if the shoe were on the other foot, you would do the same,” Graham wrote in a letter to Democrats.

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