Senator Ted Cruz said that President Trump should "nominate a successor to the court" and that "it is critical the Senate takes up and confirmed the successor before Election Day."
Cruz's remarks came Friday night, hours after news broke that Supreme Court Justice Ruth Bader Ginsburg had died, thus leaving an empty Supreme Court seat.
"We are one vote away from losing our fundamental constitutional liberties," Cruz said. "I believe that the president should, next week, nominate a successor to the court. And I think it is critical that the Senate takes up and confirms that successor before Election Day.
There's going to be enormous pressure from the media. There's going to be enormous pressure from Democrats to delay filling this vacancy.
But this election — this nomination is why Donald Trump was elected. 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.
A 4-4 court that is equally divided cannot decide anything, and I think we risk a constitutional crisis if we do not have a nine-justice Supreme Court, particularly when there is such a risk of a contested litigation — and a contested election."
Cruz said Trump should nominate a "principled constitutionalist with a proven record."
? Cruz was part of the legal team that litigated "Bush v. Gore", a contested presidential election decided by the Supreme Court. Hillary Clinton said last month that Joe Biden should not concede election results "under any circumstances."
Two weeks ago, Trump added Cruz to a shortlist of potential Supreme Court Justice picks. Last week, when Cruz was asked if he wants the job of Supreme Court Justice, he said "I don't. ... [I]t's not the desire of my heart. I want to be in the political fight."