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Agence France-Presse

US President Donald Trump announced he will nominate someone to replace Supreme Court Justice Ruth Bader Ginsburg by the end of the week. He also said he expects the Senate to vote on the nominee before the US presidential election.
Here are the key steps to replacing the late progressive justice, including the favourites to take her spot – and what Democrats can do to stop it.
Timeline and procedure
Nine justices serve on the Supreme Court, the US’ highest court.
The president nominates candidate justices, but the Senate must vote to confirm them.
Trump said he would announce his nominee “Friday or Saturday”, marking the start of the confirmation process in the Republican-controlled Senate.
First up is the Senate Judiciary Committee, led by Trump ally Lindsey Graham. After a preparatory period, the 22 committee members will question the candidate during a public hearing.
One of the committee members is the Democratic vice-presidential candidate, Kamala Harris. The California senator and former prosecutor is renowned for her incisive interrogating skills.
If a majority of the committee members approve the nominee, then the candidacy moves to the Senate floor. A simple 51-vote majority is needed to confirm the lifetime appointment to the Supreme Court.
Republicans currently hold 53 seats versus the Democrats’ 47. Two moderate Republican senators have said they do not think the Senate should vote before the presidential election.
Even if three Republican senators break ranks and vote against the nominee, the party will still have enough votes: the vice-president, Mike Pence, is given the decisive vote in case of a 50-50 tie.
According to a congressional report from the summer of 2018, it took an average of nearly 70 days to move from a nomination to a final vote in the Senate.
There are only 43 days left before the presidential election.
Trump, without evidence, accuses Democrats of fabricating Ginsburg’s dying wish
Democratic options
Democrats have pushed back against the timeline, pointing out that in 2016, Senate majority leader Mitch McConnell blocked the nomination of a replacement for conservative Justice Antonin Scalia – 10 months ahead of the presidential election.
McConnell argued then that voters should be allowed to choose, noting at the time that the Senate and White House were not controlled by the same party.
Democrats have demanded that they wait not only for the election results to vote on a nominee, but also – if Democratic candidate Joe Biden wins – for him to assume office in January.
The Democrats have few options to delay the vote.
“We have our options … arrows in our quiver,” said House speaker Nancy Pelosi, though she offered few details on what those options might be.

Reporters have asked if her party would launch a new impeachment process against Trump or his attorney general, Bill Barr, to prevent a vote before the election.
Pelosi ruled out the possibility of a government shutdown, a paralysing option that would occur if Democrats refused any budgetary agreement with the Republicans before the end of the financial year on September 30.
A shutdown would be “catastrophic”, she said Monday.
What remains is for Democrats to threaten what they would do should they win the White House and the Senate, where they could retake the majority on November 3.
Several big party names have promised to reform the Supreme Court by increasing the number of justices to 15, five of whom would be chosen unanimously by the other 10.
Doing so would depoliticise the nation’s highest court, Democrats argued.
Ruth Bader Ginsburg’s death could mean end to legal abortion in America
The favourites
Two women were at the top of Trump’s list of potential nominees on Monday.
One is Amy Coney Barrett, a 48-year-old federal appeals court judge based in Chicago. A fervently anti-abortion Catholic and an academic, she has been praised for her well-thought-out arguments but has a limited experience in the courtroom.
She has only been a federal judge since 2017, when she was appointed by Trump.
The second candidate is Barbara Lagoa, 52, a federal judge from Miami.
Lagoa is “excellent, she’s Hispanic, she’s a terrific woman,” Trump told reporters. “We love Florida.”
Analysts said Lagoa, as a Cuban-American, could help Trump win votes in the key state of Florida.


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Next steps to replace US Supreme Court’s Ruth Bader Ginsburg

The death of Ruth Bader Ginsburg has given President Donald Trump and Republicans a rare chance to cement a conservative majority on US Supreme Court. Photo: AFP

WASHINGTON, DC - SEPTEMBER 21: Signs and flowers are left at a makeshift memorial in front of the U.S. Supreme Court for the late Justice Ruth Bader Ginsburg September 21, 2020 in Washington, DC. Justice Ginsburg died last Friday from complications of pancreatic cancer at the age of 87. Alex Wong/Getty Images/AFP == FOR NEWSPAPERS, INTERNET, TELCOS & TELEVISION USE ONLY ==

Trump, without evidence, accuses Democrats of fabricating Ginsburg’s dying wish

Ruth Bader Ginsburg died last Friday, aged 87. Photo: Bloomberg

U.S. President Donald Trump listens to a question before boarding Marine One on the South Lawn of the White House in Washington, D.C., U.S., on Saturday, Sept. 19, 2020. Trump said he expects to nominate a replacement for the late Ruth Bader Ginsburg on the Supreme Court next week and that he’ll likely select a woman. Photographer: Chris Kleponis/Polaris/Bloomberg

Ruth Bader Ginsburg’s death could mean end to legal abortion in America

Justice Ruth Bader Ginsburg’s death thrust the Supreme Court into the centre of the presidential race just six weeks before Election Day. Photo: Bloomberg

Republican state House candidate Glenda Vargas of Albuquerque holds a doll representing a fetus to highlight her support for a ban on abortion proceduress at a political rally in support of President Donald Trump and allied local candidates in Albuquerque, N.M., on Wednesday, Sept. 9, 2020.Republican candidates and party officials are touring the state by bus to court female voters and highlight Trump's efforts to bolster law enforcement, improve internet access and reopen the economy. Democratic Party Chairwoman Marg Elliston said the rallies are risking lives as large groups gather largely without masks in defiance of a public health order that requires masks in public and limits gatherings to 10 people. (AP Photo/Morgan Lee)

Pro-choice supporters protest in front of the Alabama State House as Alabama state Senate votes on the strictest anti-abortion bill in the United States at the Alabama Legislature in Montgomery, Alabama, U.S. May 14, 2019. REUTERS/Chris Aluka Berry TPX IMAGES OF THE DAY

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Senate Republicans push for a vote before the election, despite furious Democratic opposition
Amy Coney Barrett and Barbara Lagoa appear to be the only candidates in real contention



Republicans appear increasingly likely to have the votes to confirm Donald Trump’s choice – assuming no surprises emerge in the confirmation process.


Donald Trump

US Politics

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Explainer | Next steps to replace US Supreme Court’s Ruth Bader Ginsburg

Senate Republicans push for a vote before the election, despite furious Democratic opposition Amy Coney Barrett and Barbara Lagoa appear to be the only candidates in real contention

Senate Republicans push for a vote before the election, despite furious Democratic opposition

Amy Coney Barrett and Barbara Lagoa appear to be the only candidates in real contention