'It's very important to have a 9th judge': Trump says Supreme Court needs RBG replacement NOW because it may have to decide the presidential election and 'having a 4-4 situation is not a good situation'
President Donald Trump said Wednesday the Supreme Court needs its full complement of nine justices because they may have to decide the winner of the 2020 presidential election.
Trump repeated his many complaints and concerns about mail-in ballots - at least 80 million Americans are expected to use them instead of waiting in line on Election Day because of the coronavirus - and said the issue will likely end up in the high court.
'I think it's better if you go before the election because I think the scam the Democrats are pulling, this scam will be before the United States Supreme Court,' Trump said at the White House.
He said a tie situation of 4-to-4 justices would not ideal although if that should be the scenario then the lower court ruling would stand.
'I think having a 4-4 situation is not a good situation,' Trump said.
'Just in case it would be more political than it should be I think it's very important to have a 9th judge,' he said.
President Donald Trump said the Supreme Court needs nine justices because they may have to decide the winner of the 2020 presidential election
President Trump plans to name his nominee to replace Ruth Bader Ginsburg on Saturday; above the remaining Supreme Court justices gathered Wednesday morning for Ginsburg's memorial service
The Republican Party has launched several lawsuits against states that have expanded mail-in ballot options and mailed ballots to all registered voters ahead of the November 3 election date.
Some court rulings have already come down. In Pennsylvania, for example, Democrats won a victory when a judge upheld a new state rule that expanded the deadline for mail-in ballots to be counted. The state will allow any ballot received by the Friday after the election to be counted as long as it's post marked by November 3.
Republicans are already planning on appealing that ruling to the Supreme Court.
Additionally, a court ruling in Michigan extended the period during which late-arriving mail ballots could be legally counted. And a Texas court refused a Republican request to stop ballots from being mailed to registered voters.
Trump has complained - without showing proof - that mail-in voting leads to a 'rigged' election. Numerous studies have shown that mail-in votes do not lead to voter fraud.
If Trump succeeds in getting Ruth Bader Ginsburg's replacement confirmed before Election Day, he would have appointed three of the nine justices hearing any election-related case.
Ginsburg died on Friday from complications of colon cancer and her death has resulted in a political battle to replace her. Trump is expected to name a conservative to replace the liberal icon.
The last presidential election to be decided by the Supreme Court was Bush vs. Gore in 2000. The Supreme Court's ruling resulted in George W. Bush being declared the winner over Al Gore.
Trump expressed confidence his nominee could be confirmed by November 3, particularly after most Senate Republicans said the president should appoint Ginsburg's replacement. Democrats want the winner of November's contest to appoint the next justice, citing precedent set by Republicans in 2016 when they would not hold hearings on President Barack Obama's nominee.
But Republicans say this year is different because their party controls both the White House and the Senate, which was not the case in 2016.
'We should go very quickly,' Trump said. 'You see the Republicans are very united. As far as timing is concerned, we were elected. We have a lot of time.'
Trump plans to name his nominee at 5 p.m. on Saturday. He said he will name a woman to the lifetime position and, of his five finalists, Judge Amy Coney Barrett, is said to be the favorite.
The president said no matter who he names he does not expect any trouble in the confirmation hearings, which will be led by his close ally Republican Senator Lindsey Graham of South Carolina.
'He wouldn't have to hold a hearing,' Trump said of Graham. 'He's going to.'
However, Republican Senate Leader Mitch McConnell on Tuesday would not promise to hold a vote on President Trump's nominee ahead of the election.
McConnell said he would wait for the person to come out of Senate Judiciary Committee hearings and then set the date for the vote on the Senate floor.
'When the nomination comes out of committee, then I'll decide when and how to proceed,' he said after the Senate Republicans' lunch on Capitol Hill Tuesday.
He would not address if that vote would be before or after November 3, when voters decide who will be the next president of the United States.
McConnell could be more peckish on the timing to help out his senators in tight re-election contests who would prefer to deal with the issue after the voters go to the polls.
Republican Senate Leader Mitch McConnell would not promise to hold a vote on President Trump's nominee ahead of the election
Timing in the Senate is also tough. There would be less than 40 days before the election to complete the process when most nominations take at least 70 days. Traditionally a nominee holds meetings with senators, has a confirmation hearing that could take two or three days, has to be voted out of committee and then has the final vote on the Senate floor.
Graham, however, has expressed confidence a nominee could be confirmed ahead of the election.
'I'm confident we can have a hearing that will allow the nominee to be submitted to the floor before Election Day. Following the precedents of the Senate, I think we can do that. I'll tell you more about the hearing when we get a nomination Saturday, if that's when it is,' Graham told reporters on Capitol Hill Tuesday.
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