On Monday evening, Sen. Cory Gardner (R-Colo.) said in a statement, “When a President exercises constitutional authority to nominate a judge for the Supreme Court vacancy, the Senate must decide how best to fulfill its constitutional duty of advice and consent.”
“I have and will continue to support judicial nominees who will protect our Constitution, not legislate from the bench, and uphold the law. Should a qualified nominee who meets this criteria be put forward, I will vote to confirm,” he added.
Read Gardner’s statement below:
Read my full statement on the Supreme Court vacancy ⬇️ pic.twitter.com/n2YNP8O0Bz— Cory Gardner (@SenCoryGardner) September 21, 2020
Republicans currently hold a 53-47 seat majority in the Senate and can afford to lose three senators to confirm Trump’s nominee. If three senators vote against confirming the president’s nominee, Vice President Mike Pence can cast the tie-breaking vote.
“For weeks, I have stated that I would not support taking up a potential Supreme Court vacancy this close to the election. Sadly, what was then a hypothetical is now our reality, but my position has not changed,” Murkowski said.
She added, “I did not support taking up a nomination eight months before the 2016 election to fill the vacancy created by the passing of Justice Scalia. We are now even closer to the 2020 election – less than two months out – and I believe the same standard must apply.”
Gardner, who is running for re-election, is considered one of the more endangered Republican incumbents this year.
Another senator who could impact the outcome of the confirmation vote is Sen. Mitt Romney (R-Utah). So far, he has not stated whether he would or would not vote to confirm a nominee before the election.
Trump said he has narrowed his list of potential nominees down to five women and will reveal his pick later this week.