2

No, shouldn’t vote

51

Yes, should vote

Where GOP senators stand on quickly filling Ginsburg’s Supreme Court seat

Updated Sept. 28 at 4:30 p.m.

Shortly following the death of Supreme Court Justice Ruth Bader Ginsburg, Senate Majority Leader Mitch McConnell (R-Ky.) and President Trump both signaled their support for swiftly nominating a successor.

The other 52 Republican senators, most of whom denied Barack Obama’s nominee to the high court in 2016, will now decide. Here’s where they stand on holding a vote before the Nov. 3 election, or before new senators or a president would take power in Washington. Four Republicans would likely need to join Democrats to prevent a vote.

Close raceIn a competitive 2020 race
Opposed GarlandDid not support a vote on the Obama nominee
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No, shouldn't vote 2

Yes, should vote 51

After Ginsburg’s death, these senators said they opposed quickly filling the vacancy.

These senators said they supported quickly filling the vacancy, either before or after Ginsburg’s death.

Susan Collins R-MEClose race

“Given the proximity of the presidential election ... I do not believe that the Senate should vote on the nominee prior to the election,” Collins said on Sept. 19. “In fairness to the American people, who will either be re-electing the President or selecting a new one, the decision on a lifetime appointment to the Supreme Court should be made by the President who is elected on November 3rd.” Collins later clarified that, if there is a vote, “I would oppose the nominee, not because I might not support that nominee under normal circumstances, but we’re simply too close to the election, and in the interest of being fair to the American people — and consistent, since it was with the Garland nomination. The decision was made not to proceed, a decision that I disagreed with, but my position did not prevail. I now think we need to play by the same set of rules.” Read more »

From 2016

“Considering a Supreme Court nominee is one of the Senate’s most important constitutional responsibilities,” Collins said on April 5, 2016. “Throughout my time in the Senate, I have always found that whether its legislation, nominations, or treaties, we are best served by following the regular order. That is why I have called for the Senate to proceed to the next step by holding public hearings. My meeting today with Judge Garland left me more convinced than ever that the process should proceed. Public hearings before the Judiciary Committee would allow that the issues that we explored in my office today to be further reviewed and analyzed by the Senate.” Read more »

Lisa Murkowski R-AKOpposed Garland

“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 in a statement on Sept. 20. “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.” Read more »

From 2016

“Given the timing of this vacancy, in the middle of a Presidential election and in an increasingly toxic political environment, I had urged the President to refrain from naming a nominee. I believe he should have left that task to the next administration.” Murkowski said on March 16, 2016. Read more »

1 update
Ben Sasse R-NEOpposed Garland

Sasse has lobbied President Trump to nominate the senator’s favored judge to fill the vacancy, according to reporting from The Post. Read more »

From 2016

“There are two constitutional responsibilities whenever there is a vacancy on the court: The president can nominate and the Senate has the right and responsibility to advise and provide consent. In this case the nominee is not going to be confirmed,” Sasse said on March 31, 2016. Read more »

Lamar Alexander R-TNOpposed Garland

“No one should be surprised that a Republican Senate majority would vote on a Republican President’s Supreme Court nomination, even during a presidential election year,” Alexander said on Sept. 20. “The Constitution gives senators the power to do it. The voters who elected them expect it. Going back to George Washington, the Senate has confirmed many nominees to the Supreme Court during a presidential election year. It has refused to confirm several when the President and Senate majority were of different parties. Senator McConnell is only doing what Democrat leaders have said they would do if the shoe were on the other foot.” Read more »

From 2016

“I believe it is reasonable to give the American people a voice by allowing the next president to fill this lifetime appointment to the Supreme Court,” Alexander said on March 16, 2016. “Under our Constitution, the president has the right to nominate, but the Senate has the right to decide whether to consent at this point in a presidential election year. Sen. McConnell is only doing what the Senate majority has the right to do and what Senate Democrat leaders have said they would do in similar circumstances.” Read more »

John Barrasso R-WYOpposed Garland

“What we’re proposing is completely consistent with the precedent,” Barrasso said on Sept. 20. “Twenty-nine times there have been vacancies in the year of a presidential election and if both the White House and the Senate are of the same party, they go forward with the confirmation.” Read more »

From 2016

“A president on his way out of the White House should not make a lifetime appointment to the Supreme Court,” Barrasso said on March 16, 2016. “The American people will soon decide our next president. That person should get to choose the next Supreme Court nominee. Give the people a voice, and let them chart the course for the court and the country.” Read more »

Marsha Blackburn R-TN

“I look forward to @realDonaldTrump’s nominee receiving a full vote on the Senate floor,” Blackburn tweeted on Sept. 18. Read more »

From 2016

Blackburn was not yet a senator during the 2016 Supreme Court debate.

Roy Blunt R-MOOpposed Garland

“The Constitution is the Constitution. And, you know, it takes two things to replace a Supreme Court judge: one is the president has to nominate and two is the Senate has to determine that they want to deal with that issue at that time,” Blunt said on Sept. 20. “I also said at the time, several times, exactly what I just said to you, which is two things have to happen for a person to go on the Supreme Court. And in the tradition of the country, when the Senate and the president were in political agreement, no matter what was the election situation, the judges went on the Court and other courts.” Read more »

From 2016

“This is a lifetime appointment to the highest court in the land. The president has every right to nominate someone, and the Senate has the Constitutional responsibility to decide if it’s the right person at the right time. I will not vote for this nominee to the Supreme Court,” Blunt said on March 16, 2016. Read more »

John Boozman R-AROpposed Garland

“Historically, in a presidential election year, when a U.S. President and the Senate majority represent the same political party, a new justice has been nominated and confirmed. I have confidence that my colleagues on the Senate Judiciary Committee will give the president’s nominee a thorough hearing so the full Senate can have a fair and thoughtful debate and vote on the merits of President Trump’s nominee,” Boozman said on Sept. 21. Read more »

From 2016

“Americans deserve a voice on the future direction of the Supreme Court. I strongly disagree with President Obama’s contention that the Senate must rubber-stamp his nominee in the final year of his presidency,” Boozman said on April 5, 2016. “However, I believe we can disagree without being disagreeable, which is why I accepted the request of the White House to meet with Judge Garland. During our meeting I conveyed to Judge Garland my position, which is that the next president should fill the vacancy. My position is firm. That means I will not advocate for hearings or a vote, nor will I support filling the vacancy with President Obama’s pick after the election.” Read more »

Mike Braun R-IN

“I think that elections have consequences. We do have the presidency, and we have the Senate, and I think most Republicans in Indiana would want us to move forward, and I think there are even independents and others that might as well,” Braun said on Sept. 20. Read more »

From 2016

Braun was not yet a senator during the 2016 Supreme Court debate.

Richard Burr R-NCOpposed Garland

“I believe the Senate should consider President Trump’s nominee as early as possible and I intend to carefully review their qualifications once that individual is named,” Burr said on Sept. 22. Read more »

From 2016

“The American people deserve a voice in the nomination of the next Supreme Court Justice,” Burr said on March 16, 2016. “This appointment could easily tip the balance of the court in a direction not supported by the American people as evidenced by 2014’s election results giving Republicans both the Senate and House.” Read more »

Shelley Moore Capito R-WVOpposed Garland

“President Trump and the Republican Senate, both elected by the American people, should act to fill the Supreme Court vacancy left by Justice Ginsburg’s passing,” Capito said in a statement on Sept. 22. Read more »

From 2016

“Before a Supreme Court justice is confirmed to a lifetime position on the bench, West Virginians and the American people should have the ability to weigh in at the ballot box this November. My position does not change with the naming of a nominee today,” Capito said on March 16, 2016. Read more »

Bill Cassidy R-LAOpposed Garland

“Judge Barrett would be only the second Supreme Court justice from Louisiana, and she’s going to make our state and nation proud,” Cassidy said on Sept. 25. Read more »

From 2016

“The president’s nominees have pushed our country to the left by supporting the president’s agenda ... I don’t support the president’s agenda. I don’t support the president’s nominees,” Cassidy said in 2016. He opposed meeting with or holding hearings on Garland’s nomination. Read more »

John Cornyn R-TXClose raceOpposed Garland

Cornyn told CNN on Sept. 21 that he would support filling the Supreme Court vacancy left by Justice Ginsburg in 2020. Read more »

From 2016

“While the President has the constitutional authority to make a nomination to fill this vacancy, the Senate also has the authority and responsibility to determine how to move forward with it,” Cornyn said on March 16, 2016. “The next justice could change the ideological makeup of the Court for a generation, and fundamentally reshape American society in the process. At this critical juncture in our nation’s history, Texans and the American people deserve to have a say in the selection of the next lifetime appointment to the Supreme Court. The only way to empower the American people and ensure they have a voice is for the next President to make the nomination to fill this vacancy.” Read more »

Tom Cotton R-AROpposed Garland

“The Senate will do its constitutional duty. We will process the president’s nomination for SCOTUS and conduct thorough and deliberate hearings. We will move forward without delay,” Cotton tweeted on Sept. 20. Read more »

From 2016

“In a few short months, we will have a new President and new Senators who can consider the next Justice with the full faith of the people,” Cotton said on March 16, 2016. “Why would we cut off the national debate on the next Justice? Why would we squelch the voice of the populace? Why would we deny the voters a chance to weigh in on the make-up of the Supreme Court? There is no reason to do so. I respect President Obama’s right to nominate someone to the Supreme Court. But the stakes are high and we cannot rush this decision. This nomination should not be considered by the Senate at this time.” Read more »

Kevin Cramer R-ND

“The Republic and its institutions are now at stake, and I did not run for the Senate and put my family through a grueling campaign just to shrink from a moment like this,” Cramer said on Sept. 21. “President Trump is set to fulfill his constitutional duty, and the Senate should do the same.” Read more »

From 2016

Cramer was not yet a senator during the 2016 Supreme Court debate.

Mike Crapo R-IDOpposed Garland

“As with previous Supreme Court vacancies, I will conduct due diligence and cast any votes with careful consideration according to the principles and values of Idahoans,” Crapo said on Sept. 21. Read more »

From 2016

“The Constitution gives the President the right to make nominations to the Supreme Court, with the advice and consent of the Senate. As part of its role in this process, the Senate may, at its discretion, withhold consent,” Crapo said on March 16, 2016. “The next Supreme Court justice will make decisions that affect every American and shape our nation’s legal landscape for decades. Therefore, the current Supreme Court vacancy should be filled by an individual nominated by the next President of the United States.” Read more »

Ted Cruz R-TXOpposed Garland

“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,” Cruz said on Sept. 18. Read more »

From 2016

Cruz opposed Garland’s nomination and suggested blocking Supreme Court nominees indefinitely under a Democratic president. Read more »

Steve Daines R-MTClose raceOpposed Garland

“We now face a clear choice. President Trump will nominate a well-qualified justice who will uphold our Constitution and protect our freedoms. The type of justice Montanans want on the Supreme Court,” Daines said on Sept. 19. “I believe the Senate should move forward with confirming President Trump’s nominee.” Read more »

From 2016

“The replacement of Justice Scalia will have far-reaching impacts on our country for a generation. The American people have already begun voting on who the next President will be and their voice should continue to be reflected in a process that will have lasting implications on our nation,” Daines said on March 16, 2016. “The U.S. Senate should exercise its constitutional powers by not confirming a new Supreme Court justice until the American people elect a new President and have their voices heard. I will oppose any hearing or votes for President Obama’s nominee to the Supreme Court.” Read more »

Mike Enzi R-WYOpposed Garland

“Senator Enzi believes the Senate should continue to follow the precedent of considering a Supreme Court nominee in an election year when the president and the Senate are the same party,” a spokesperson told The Washington Post on Sept. 22.

From 2016

“The Constitution gives the Senate the right to make decisions on a Supreme Court nominee. The chairman of the Senate Judiciary Committee has announced the committee’s intention to exercise its constitutional authority to withhold consent on a nominee submitted by this president,” Enzi said on Feb. 25, 2016. “I believe the American people should decide the direction of the Supreme Court.” Read more »

Joni Ernst R-IAClose raceOpposed Garland

“Once the president puts forward his nominee for the Supreme Court, I will carry out my duty — as a member of the Senate Judiciary Committee — to evaluate the nominee for our nation’s highest court,” Ernst said on Sept. 21. Read more »

From 2016

“In the midst of a critical election, the American people deserve to have a say in this important decision that will impact the course of our country for years to come,” Ernst said on March 16, 2016. “I support Senator Grassley’s decision to exercise the Senate’s constitutional authority to withhold consent to a Supreme Court nomination until the next president is sworn in. We must wait to see what the people say this November, and then our next president will put forward a nominee.” Read more »

Deb Fischer R-NEOpposed Garland

“Accordingly, voting on President Trump’s nominee is what the people who elected him in 2016, along with an enhanced Senate majority in both 2016 and 2018, expect us to do. It is also what Democrat leaders have said they would do if they were in our position. As such, once President Trump makes a nomination, I look forward to engaging in the process and evaluating the nominee on the basis of their qualifications, temperament, understanding of the Constitution, and commitment to the rule of law,” Fischer said on Sept. 22. Read more »

From 2016

“It is crucial for Nebraskans and all Americans to have a voice in the selection of the next person to serve a lifetime appointment on the Supreme Court, and there is precedent to do so. Therefore, I believe this position should not be filled until the election of a new president,” Fischer said on March 16, 2016. Read more »

Cory Gardner R-COClose raceOpposed Garland

“When a President exercises constitutional authority to nominate a judge for the Supreme Court vacancy, the Senate must decide how to best 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,” Gardner said in a statement on Sept. 21.

From 2016

“The next president of the United States should have the opportunity to fill the vacancy on the Supreme Court. In 1992, even then-Senator Joe Biden stated the Senate should not hold confirmation hearings for a Supreme Court nominee until after that year’s presidential election. Our next election is too soon and the stakes are too high; the American people deserve a role in this process as the next Supreme Court Justice will influence the direction of this country for years to come,” Gardner said on March 16, 2016. Read more »

Lindsey O. Graham R-SCClose raceOpposed Garland

“I will support President @realDonaldTrump in any effort to move forward regarding the recent vacancy created by the passing of Justice Ginsburg,” Graham said in a Sept. 19 tweet. Read more »

From 2016

“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,” Graham said on March 10, 2016, expressing his opposition to Garland. Read more »

Charles E. Grassley R-IAOpposed Garland

Grassley said on Sept. 21 that he would not oppose holding a hearing for President Trump’s Supreme Court nominee and indicated that he would support a floor vote for the nominee. This comes months after Grassley said he would not process a Supreme Court nominee in 2020 if he were chairman of the Judiciary Committee due to the precedent set in 2016. Read more »

From 2016

“Today the President has exercised his constitutional authority. A majority of the Senate has decided to fulfill its constitutional role of advice and consent by withholding support for the nomination during a presidential election year, with millions of votes having been cast in highly charged contests,” Grassley said on March 16, 2016. Read more »

Josh Hawley R-MO

“Two months ago, I pledged to vote only for #SCOTUS nominees who understand and acknowledge that Roe was wrongly decided. I stand by that commitment, and I call on my fellow Republican senators to take the same stand,” Hawley tweeted on Sept. 19. Read more »

From 2016

Hawley was not yet a senator during the 2016 Supreme Court debate.

John Hoeven R-NDOpposed Garland

“When a vacancy occurs on the Supreme Court in an election year and the Presidency and the Senate are controlled by the same party, the precedent has been for the President’s nominee to get a vote on confirmation,” Hoeven said on Sept. 21. Read more »

From 2016

“After meeting with Judge Merrick Garland, my position has not changed. Although I respect him as an individual, I do not support his confirmation,” Hoeven said on April 21, 2016. Read more »

Cindy Hyde-Smith R-MS

“President Trump and the Senate now have the solemn duty to fill that vacancy, a process that should not be delayed,” Hyde-Smith said on Sept. 20. Read more »

From 2016

Hyde-Smith was not yet a senator during the 2016 Supreme Court debate.

James M. Inhofe R-OKOpposed Garland

“I look forward to a thorough and swift consideration of @realDonaldTrump’s nominee,” Inhofe tweeted on Sept. 21. Read more »

From 2016

“While I will evaluate the nomination of Judge Merrick Garland, the next president should be the one to fill the vacancy on the Supreme Court. President Obama has worked to ram through his liberal agenda by way of executive actions, of which many are now tied up in the courts. This has created a situation where we need to be cautious as to who will fill the vacancy left behind by Justice Scalia. It makes the current presidential election all that more important as not only are the next four years in play, but an entire generation of Americans will be impacted by the balance of the court and its rulings. Sens. Barack Obama, Joe Biden, Hillary Clinton, Chuck Schumer and Harry Reid have all made statements that the Senate does not have to confirm presidential nominations in an election year. I will oppose this nomination as I firmly believe we must let the people decide the Supreme Court’s future,” Inhofe said on March 16, 2016. Read more »

Ron Johnson R-WIOpposed Garland

“We had divided government [in 2016]. That’s a valid argument when you have divided government ... ‘Let’s let the American people decide.’ Right now, we don’t have divided government,” he said. “That makes all the difference in the world,” Johnson said on Sept. 19. Read more »

From 2016

“I enjoyed a very cordial meeting with Judge Garland. My advice to President Obama and the rest of my Senate colleagues has not changed. Let the American people have a voice in the composition of the Supreme Court. Instead of a lame duck president and Senate nominating and confirming, a new president and Senate — elected by the people only a few months from now — should make that important decision. I can’t think of a fairer or more democratic process,” Johnson said on May 10, 2016. Read more »

John Neely Kennedy R-LA

“If the shoe were on the other foot, then I can assure you [Senate Minority Leader Charles E.] Schumer would do what the Republicans are doing right now,” Kennedy said on Sept. 27. Read more »

From 2016

Kennedy was not yet a senator during the 2016 Supreme Court debate.

James Lankford R-OKOpposed Garland

“I look forward to considering and voting on @realDonaldTrump nominee to fill the Supreme Court vacancy before the end of the year,” Lankford tweeted on Sept. 21. Read more »

From 2016

“Based on previous historical precedent, I support Majority Leader Mitch McConnell and Judiciary Committee Chairman Chuck Grassley’s intent to give the American people a say in Justice Scalia’s replacement this year at the ballot box,” Lankford said on March 16, 2016. Read more »

Mike Lee R-UTOpposed Garland

“This year, President Trump will nominate a replacement for Justice Ginsburg and, consistent with the Constitution, we will again give our advice and consent,” Lee said on Sept. 21. Read more »

From 2016

“In light of the contentious presidential election already well underway, my colleagues and I on the Judiciary Committee have already given our advice and consent on this issue: we will not have any hearings or votes on President Obama’s pick,” Lee said on March 16, 2016. Read more »

Kelly Loeffler R-GAClose race

Loeffler tweeted on Sept. 18 that Trump “has every right to pick a new justice before the election.” Read more »

From 2016

Loeffler was not yet a senator during the 2016 Supreme Court debate.

Mitch McConnell R-KYClose raceOpposed Garland

“President Trump’s nominee will receive a vote on the floor of the United States Senate,” McConnell said on Sept. 18. Read more »

From 2016

“The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president,” McConnell said on Feb. 13, 2016. Read more »

Martha McSally R-AZClose race

“This U.S. Senate should vote on President Trump’s next nominee for the U.S. Supreme Court,” McSally said on Sept. 18. Read more »

From 2016

McSally was not yet a senator during the 2016 Supreme Court debate.

Jerry Moran R-KSOpposed Garland

A Moran spokesperson told the Kansas City Star on Sept. 18 that he supports filling the vacancy left by Ginsburg in 2020. Read more »

From 2016

Moran expressed willingness to meet with Garland in 2016, but reversed his initial support for hearings on the nominee. He also did not support a vote during the lame-duck session. Read more »

Rand Paul R-KYOpposed Garland

Paul supports filling the vacancy “as soon as possible,” a spokesperson told The Washington Post on Sept. 22.

From 2016

“I think the president sort of has a conflict of interest here in appointing somebody while we’re trying to decide whether or not he’s already usurped power,” Paul said on Feb. 15, 2016. Read more »

David Perdue R-GAClose raceOpposed Garland

“Once the president announces a nomination, the United States Senate should begin the process that moves this to a full Senate vote,” Perdue said on Sept. 20. Read more »

From 2016

“I remain firm in my decision to exercise my Constitutional authority and withhold consent on any nominee to the Supreme Court submitted by President Obama,” Perdue said on March 16, 2016. Read more »

Rob Portman R-OHOpposed Garland

“When the presidency and the Senate are controlled by the same party, the precedent is for the president’s nominees to get confirmed,” said Portman in a Sept. 19 statement. “I look forward to seeing who President Trump plans to nominate and thoroughly assessing his or her qualifications for this important role.” Read more »

From 2016

“Instead of having a nomination fight in this partisan election-year environment, I believe awaiting the result of the election will give the nominee more legitimacy and better preserve the Court’s credibility as an institution,” Portman said on April 14, 2016. Read more »

James E. Risch R-IDOpposed Garland

“I took an oath to uphold the U.S. Constitution and faithfully discharge the duties of my office, and will weigh nominees to the Supreme Court based on their merits, not on whether there’s an election coming up,” Risch said on Sept. 21. Read more »

From 2016

“Given his record, I wouldn’t vote for that guy under any circumstances,” Risch said on March 16, 2016. Read more »

Pat Roberts R-KSOpposed Garland

“It is the U.S. Senate’s constitutional duty to fill vacancies on the Supreme Court of the United States, and I support the decision to do so,” Roberts said on Sept. 21. Read more »

From 2016

Roberts told reporters on March 16, 2016 that he would oppose Garland’s nomination despite previously supporting Garland’s nomination to the D.C. Court of Appeals in 1997. Read more »

Mitt Romney R-UT

“The Constitution gives the President the power to nominate and the Senate the authority to provide advice and consent on Supreme Court nominees. Accordingly, I intend to follow the Constitution and precedent in considering the President’s nominee. If the nominee reaches the Senate floor, I intend to vote based upon their qualifications,” Romney said in a statement on Sept. 22. Read more »

From 2016

Romney was not yet a senator during the 2016 Supreme Court debate.

Mike Rounds R-SDOpposed Garland

“I believe the Senate’s role is to do its due diligence and make a determination as to whether to fill the vacancy as soon as prudently possible. In 2016, I met with Judge Garland when he was nominated by then-President Obama to fill a Supreme Court vacancy, just as I met with President Trump’s nominees, current Supreme Court Justices Neil Gorsuch and Brett Kavanaugh. I will continue that same policy,” Rounds said on Sept. 22. Read more »

From 2016

“As a former governor, I respect the president’s responsibility to make a nomination. Today I met with Judge Garland as a courtesy. During our meeting, I thanked him for allowing the president to place his name in nomination. However, I believe that Justice Scalia’s replacement should be nominated by the next President of the United States,” Rounds said on April 27, 2016. Read more »

Marco Rubio R-FLOpposed Garland

“In 2016, President Obama exercised his Constitutional duty and nominated Merrick Garland to the Supreme Court, and the Senate exercised its Constitutional obligation and decided not to consent. Now, President Trump should exercise his duty to name a nominee. And the Senate should once again exercise its Constitutional obligation and decide whether or not to consent to his choice,” Rubio said on Sept. 21. Read more »

From 2016

“I don’t think we should be moving on a nominee in the last year of this president’s term — I would say that if it was a Republican president — and number two, even if this was the third year of this president’s term, this is not someone I’d support,” Rubio said on March 17, 2016. Read more »

Rick Scott R-FL

“It would be irresponsible to allow an extended vacancy on the Supreme Court. I believe that President Trump’s nominee should get a vote in the U.S. Senate,” Scott said on Sept. 18. Read more »

From 2016

Scott was not yet a senator during the 2016 Supreme Court debate.

Tim Scott R-SCOpposed Garland

“I look forward to voting on Judge Barrett’s nomination this year,” Scott said on Sept. 26. Read more »

From 2016

“The next President should fill the open seat on the Supreme Court, not a lame duck. Our nation is in the middle of an election that will replace this president and it has brought people out in every corner of our country in record numbers to have their voice heard. As elected officials, we need to protect the American people’s chance to have their voices heard in the decision on who will be appointed to a lifetime seat on the nation’s high court. The last time a majority of the American people went to the polls, they elected conservatives and a Republican Senate to be a check-and-balance to President Obama and his agenda,” Scott said on March 16, 2016. Read more »

Richard C. Shelby R-ALOpposed Garland

Shelby on Sept. 19 said he backed an “expeditious” confirmation process to fill the vacancy left by Justice Ginsburg. Read more »

From 2016

“This critical decision should be made after the upcoming presidential election so that the American people have a voice. I am adamantly opposed to any Senate action on President Obama’s nomination of Judge Garland to the Supreme Court, and I urge my conservative colleagues to join me,” Shelby said on March 16, 2016. Read more »

Dan Sullivan R-AKClose raceOpposed Garland

“President Trump is well within his constitutional authority to nominate an individual for the Supreme Court vacancy, and the Senate will undertake its advice and consent responsibilities on confirmation, as authorized by the Constitution,” Sullivan said in a statement on Sept. 22. Read more »

From 2016

“Alaskans, like all Americans, are in the midst of an important national election,” Sullivan said on March 16, 2016. “The next Supreme Court justice could fundamentally change the direction of the Court for years to come. Alaskans deserve to have a voice in that direction through their vote, and we will ensure that they have one.” Read more »

John Thune R-SDOpposed Garland

“I believe Americans sent a Republican president and a Republican Senate to Washington to ensure we have an impartial judiciary that upholds the Constitution and the rule of law,” Thune said on Sept. 18. “We will fulfill our obligation to them. As Leader McConnell has said, President Trump’s Supreme Court nominee will receive a vote on the floor of the U.S. Senate.” Read more »

From 2016

“The American people deserve to have their voices heard on the nomination of the next Supreme Court justice, who could fundamentally alter the direction of the Supreme Court for a generation,” Thune said in a statement on March 16, 2016. He opposed meeting with or holding hearings on Garland’s nomination. Read more »

Thom Tillis R-NCClose raceOpposed Garland

“Four years ago, a Supreme Court vacancy arose under divided government and a lame-duck president as Americans were choosing his successor. Today, however, President Trump is again facing voters at the ballot box and North Carolinians will ultimately render their judgment on his presidency and how he chooses to fill the vacancy,” Tillis said on Sept. 19. Read more »

From 2016

“While President Obama is entitled to nominate an individual to the Supreme Court, the Senate has made it clear it will be exercising its Constitutional authority to withhold consent of the nomination. We are in the middle of a presidential election, and the Senate majority is giving the American people a voice to determine the direction of the Supreme Court,” Tillis said in 2016. He refused to meet with Garland in 2016 and opposed hearings or a vote on his nomination. Read more »

Patrick J. Toomey R-PAOpposed Garland

“I will evaluate President Trump’s nominee to replace Justice Ruth Bader Ginsburg based on whether the nominee has the character, intellect, and experience needed to serve on our nation’s highest court. These are the same objective, non-partisan criteria that I have used to evaluate judicial nominees under both President Obama and President Trump. Based on these criteria, I supported President Obama’s nomination of then-Judge Sonia Sotomayor to the U.S. Supreme Court and voted to confirm almost 70 percent of the judges nominated by President Obama and considered by the Senate during my time in office. If the person President Trump nominates also meets these criteria, I will vote to confirm this nominee,” Toomey said on Sept. 22.

From 2016

“I believe it is sensible to allow the American people to participate in the choice of Justice Scalia’s successor less than seven months from now,” Toomey wrote in an op-ed on April 15, 2016. Read more »

Roger Wicker R-MSOpposed Garland

“President Trump and Senate Republicans promised to confirm well-qualified, conservative judges and justices to the federal courts. We should continue to fulfill this promise and our constitutional duty for all vacancies as long as we are in office. I look forward to consideration of the President’s nominee by the full Senate,” Wicker said on Sept. 19. Read more »

From 2016

“The American people should have the opportunity to make their voices heard before filling a lifetime appointment to the nation’s highest court,” Wicker said on March 16. Read more »

Todd C. Young R-IN

“We will act because the American people want us to act,” Young said on Sept. 22.

From 2016

Young was not yet a senator during the 2016 Supreme Court debate.

No, shouldn't vote 2

Yes, should vote 51

Scroll to see a full list of names

No, shouldn't vote 2

After Ginsburg’s death, these senators said they opposed quickly filling the vacancy.

Susan Collins R-MEClose race

“Given the proximity of the presidential election ... I do not believe that the Senate should vote on the nominee prior to the election,” Collins said on Sept. 19. “In fairness to the American people, who will either be re-electing the President or selecting a new one, the decision on a lifetime appointment to the Supreme Court should be made by the President who is elected on November 3rd.” Collins later clarified that, if there is a vote, “I would oppose the nominee, not because I might not support that nominee under normal circumstances, but we’re simply too close to the election, and in the interest of being fair to the American people — and consistent, since it was with the Garland nomination. The decision was made not to proceed, a decision that I disagreed with, but my position did not prevail. I now think we need to play by the same set of rules.” Read more »

From 2016

“Considering a Supreme Court nominee is one of the Senate’s most important constitutional responsibilities,” Collins said on April 5, 2016. “Throughout my time in the Senate, I have always found that whether its legislation, nominations, or treaties, we are best served by following the regular order. That is why I have called for the Senate to proceed to the next step by holding public hearings. My meeting today with Judge Garland left me more convinced than ever that the process should proceed. Public hearings before the Judiciary Committee would allow that the issues that we explored in my office today to be further reviewed and analyzed by the Senate.” Read more »

Lisa Murkowski R-AKOpposed Garland

“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 in a statement on Sept. 20. “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.” Read more »

From 2016

“Given the timing of this vacancy, in the middle of a Presidential election and in an increasingly toxic political environment, I had urged the President to refrain from naming a nominee. I believe he should have left that task to the next administration.” Murkowski said on March 16, 2016. Read more »

Yes, should vote 51

These senators said they supported quickly filling the vacancy, either before or after Ginsburg’s death.

1 update
Ben Sasse R-NEOpposed Garland

Sasse has lobbied President Trump to nominate the senator’s favored judge to fill the vacancy, according to reporting from The Post. Read more »

From 2016

“There are two constitutional responsibilities whenever there is a vacancy on the court: The president can nominate and the Senate has the right and responsibility to advise and provide consent. In this case the nominee is not going to be confirmed,” Sasse said on March 31, 2016. Read more »

Lamar Alexander R-TNOpposed Garland

“No one should be surprised that a Republican Senate majority would vote on a Republican President’s Supreme Court nomination, even during a presidential election year,” Alexander said on Sept. 20. “The Constitution gives senators the power to do it. The voters who elected them expect it. Going back to George Washington, the Senate has confirmed many nominees to the Supreme Court during a presidential election year. It has refused to confirm several when the President and Senate majority were of different parties. Senator McConnell is only doing what Democrat leaders have said they would do if the shoe were on the other foot.” Read more »

From 2016

“I believe it is reasonable to give the American people a voice by allowing the next president to fill this lifetime appointment to the Supreme Court,” Alexander said on March 16, 2016. “Under our Constitution, the president has the right to nominate, but the Senate has the right to decide whether to consent at this point in a presidential election year. Sen. McConnell is only doing what the Senate majority has the right to do and what Senate Democrat leaders have said they would do in similar circumstances.” Read more »

John Barrasso R-WYOpposed Garland

“What we’re proposing is completely consistent with the precedent,” Barrasso said on Sept. 20. “Twenty-nine times there have been vacancies in the year of a presidential election and if both the White House and the Senate are of the same party, they go forward with the confirmation.” Read more »

From 2016

“A president on his way out of the White House should not make a lifetime appointment to the Supreme Court,” Barrasso said on March 16, 2016. “The American people will soon decide our next president. That person should get to choose the next Supreme Court nominee. Give the people a voice, and let them chart the course for the court and the country.” Read more »

Marsha Blackburn R-TN

“I look forward to @realDonaldTrump’s nominee receiving a full vote on the Senate floor,” Blackburn tweeted on Sept. 18. Read more »

From 2016

Blackburn was not yet a senator during the 2016 Supreme Court debate.

Roy Blunt R-MOOpposed Garland

“The Constitution is the Constitution. And, you know, it takes two things to replace a Supreme Court judge: one is the president has to nominate and two is the Senate has to determine that they want to deal with that issue at that time,” Blunt said on Sept. 20. “I also said at the time, several times, exactly what I just said to you, which is two things have to happen for a person to go on the Supreme Court. And in the tradition of the country, when the Senate and the president were in political agreement, no matter what was the election situation, the judges went on the Court and other courts.” Read more »

From 2016

“This is a lifetime appointment to the highest court in the land. The president has every right to nominate someone, and the Senate has the Constitutional responsibility to decide if it’s the right person at the right time. I will not vote for this nominee to the Supreme Court,” Blunt said on March 16, 2016. Read more »

John Boozman R-AROpposed Garland

“Historically, in a presidential election year, when a U.S. President and the Senate majority represent the same political party, a new justice has been nominated and confirmed. I have confidence that my colleagues on the Senate Judiciary Committee will give the president’s nominee a thorough hearing so the full Senate can have a fair and thoughtful debate and vote on the merits of President Trump’s nominee,” Boozman said on Sept. 21. Read more »

From 2016

“Americans deserve a voice on the future direction of the Supreme Court. I strongly disagree with President Obama’s contention that the Senate must rubber-stamp his nominee in the final year of his presidency,” Boozman said on April 5, 2016. “However, I believe we can disagree without being disagreeable, which is why I accepted the request of the White House to meet with Judge Garland. During our meeting I conveyed to Judge Garland my position, which is that the next president should fill the vacancy. My position is firm. That means I will not advocate for hearings or a vote, nor will I support filling the vacancy with President Obama’s pick after the election.” Read more »

Mike Braun R-IN

“I think that elections have consequences. We do have the presidency, and we have the Senate, and I think most Republicans in Indiana would want us to move forward, and I think there are even independents and others that might as well,” Braun said on Sept. 20. Read more »

From 2016

Braun was not yet a senator during the 2016 Supreme Court debate.

Richard Burr R-NCOpposed Garland

“I believe the Senate should consider President Trump’s nominee as early as possible and I intend to carefully review their qualifications once that individual is named,” Burr said on Sept. 22. Read more »

From 2016

“The American people deserve a voice in the nomination of the next Supreme Court Justice,” Burr said on March 16, 2016. “This appointment could easily tip the balance of the court in a direction not supported by the American people as evidenced by 2014’s election results giving Republicans both the Senate and House.” Read more »

Shelley Moore Capito R-WVOpposed Garland

“President Trump and the Republican Senate, both elected by the American people, should act to fill the Supreme Court vacancy left by Justice Ginsburg’s passing,” Capito said in a statement on Sept. 22. Read more »

From 2016

“Before a Supreme Court justice is confirmed to a lifetime position on the bench, West Virginians and the American people should have the ability to weigh in at the ballot box this November. My position does not change with the naming of a nominee today,” Capito said on March 16, 2016. Read more »

Bill Cassidy R-LAOpposed Garland

“Judge Barrett would be only the second Supreme Court justice from Louisiana, and she’s going to make our state and nation proud,” Cassidy said on Sept. 25. Read more »

From 2016

“The president’s nominees have pushed our country to the left by supporting the president’s agenda ... I don’t support the president’s agenda. I don’t support the president’s nominees,” Cassidy said in 2016. He opposed meeting with or holding hearings on Garland’s nomination. Read more »

John Cornyn R-TXClose raceOpposed Garland

Cornyn told CNN on Sept. 21 that he would support filling the Supreme Court vacancy left by Justice Ginsburg in 2020. Read more »

From 2016

“While the President has the constitutional authority to make a nomination to fill this vacancy, the Senate also has the authority and responsibility to determine how to move forward with it,” Cornyn said on March 16, 2016. “The next justice could change the ideological makeup of the Court for a generation, and fundamentally reshape American society in the process. At this critical juncture in our nation’s history, Texans and the American people deserve to have a say in the selection of the next lifetime appointment to the Supreme Court. The only way to empower the American people and ensure they have a voice is for the next President to make the nomination to fill this vacancy.” Read more »

Tom Cotton R-AROpposed Garland

“The Senate will do its constitutional duty. We will process the president’s nomination for SCOTUS and conduct thorough and deliberate hearings. We will move forward without delay,” Cotton tweeted on Sept. 20. Read more »

From 2016

“In a few short months, we will have a new President and new Senators who can consider the next Justice with the full faith of the people,” Cotton said on March 16, 2016. “Why would we cut off the national debate on the next Justice? Why would we squelch the voice of the populace? Why would we deny the voters a chance to weigh in on the make-up of the Supreme Court? There is no reason to do so. I respect President Obama’s right to nominate someone to the Supreme Court. But the stakes are high and we cannot rush this decision. This nomination should not be considered by the Senate at this time.” Read more »

Kevin Cramer R-ND

“The Republic and its institutions are now at stake, and I did not run for the Senate and put my family through a grueling campaign just to shrink from a moment like this,” Cramer said on Sept. 21. “President Trump is set to fulfill his constitutional duty, and the Senate should do the same.” Read more »

From 2016

Cramer was not yet a senator during the 2016 Supreme Court debate.

Mike Crapo R-IDOpposed Garland

“As with previous Supreme Court vacancies, I will conduct due diligence and cast any votes with careful consideration according to the principles and values of Idahoans,” Crapo said on Sept. 21. Read more »

From 2016

“The Constitution gives the President the right to make nominations to the Supreme Court, with the advice and consent of the Senate. As part of its role in this process, the Senate may, at its discretion, withhold consent,” Crapo said on March 16, 2016. “The next Supreme Court justice will make decisions that affect every American and shape our nation’s legal landscape for decades. Therefore, the current Supreme Court vacancy should be filled by an individual nominated by the next President of the United States.” Read more »

Ted Cruz R-TXOpposed Garland

“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,” Cruz said on Sept. 18. Read more »

From 2016

Cruz opposed Garland’s nomination and suggested blocking Supreme Court nominees indefinitely under a Democratic president. Read more »

Steve Daines R-MTClose raceOpposed Garland

“We now face a clear choice. President Trump will nominate a well-qualified justice who will uphold our Constitution and protect our freedoms. The type of justice Montanans want on the Supreme Court,” Daines said on Sept. 19. “I believe the Senate should move forward with confirming President Trump’s nominee.” Read more »

From 2016

“The replacement of Justice Scalia will have far-reaching impacts on our country for a generation. The American people have already begun voting on who the next President will be and their voice should continue to be reflected in a process that will have lasting implications on our nation,” Daines said on March 16, 2016. “The U.S. Senate should exercise its constitutional powers by not confirming a new Supreme Court justice until the American people elect a new President and have their voices heard. I will oppose any hearing or votes for President Obama’s nominee to the Supreme Court.” Read more »

Mike Enzi R-WYOpposed Garland

“Senator Enzi believes the Senate should continue to follow the precedent of considering a Supreme Court nominee in an election year when the president and the Senate are the same party,” a spokesperson told The Washington Post on Sept. 22.

From 2016

“The Constitution gives the Senate the right to make decisions on a Supreme Court nominee. The chairman of the Senate Judiciary Committee has announced the committee’s intention to exercise its constitutional authority to withhold consent on a nominee submitted by this president,” Enzi said on Feb. 25, 2016. “I believe the American people should decide the direction of the Supreme Court.” Read more »

Joni Ernst R-IAClose raceOpposed Garland

“Once the president puts forward his nominee for the Supreme Court, I will carry out my duty — as a member of the Senate Judiciary Committee — to evaluate the nominee for our nation’s highest court,” Ernst said on Sept. 21. Read more »

From 2016

“In the midst of a critical election, the American people deserve to have a say in this important decision that will impact the course of our country for years to come,” Ernst said on March 16, 2016. “I support Senator Grassley’s decision to exercise the Senate’s constitutional authority to withhold consent to a Supreme Court nomination until the next president is sworn in. We must wait to see what the people say this November, and then our next president will put forward a nominee.” Read more »

Deb Fischer R-NEOpposed Garland

“Accordingly, voting on President Trump’s nominee is what the people who elected him in 2016, along with an enhanced Senate majority in both 2016 and 2018, expect us to do. It is also what Democrat leaders have said they would do if they were in our position. As such, once President Trump makes a nomination, I look forward to engaging in the process and evaluating the nominee on the basis of their qualifications, temperament, understanding of the Constitution, and commitment to the rule of law,” Fischer said on Sept. 22. Read more »

From 2016

“It is crucial for Nebraskans and all Americans to have a voice in the selection of the next person to serve a lifetime appointment on the Supreme Court, and there is precedent to do so. Therefore, I believe this position should not be filled until the election of a new president,” Fischer said on March 16, 2016. Read more »

Cory Gardner R-COClose raceOpposed Garland

“When a President exercises constitutional authority to nominate a judge for the Supreme Court vacancy, the Senate must decide how to best 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,” Gardner said in a statement on Sept. 21.

From 2016

“The next president of the United States should have the opportunity to fill the vacancy on the Supreme Court. In 1992, even then-Senator Joe Biden stated the Senate should not hold confirmation hearings for a Supreme Court nominee until after that year’s presidential election. Our next election is too soon and the stakes are too high; the American people deserve a role in this process as the next Supreme Court Justice will influence the direction of this country for years to come,” Gardner said on March 16, 2016. Read more »

Lindsey O. Graham R-SCClose raceOpposed Garland

“I will support President @realDonaldTrump in any effort to move forward regarding the recent vacancy created by the passing of Justice Ginsburg,” Graham said in a Sept. 19 tweet. Read more »

From 2016

“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,” Graham said on March 10, 2016, expressing his opposition to Garland. Read more »

Charles E. Grassley R-IAOpposed Garland

Grassley said on Sept. 21 that he would not oppose holding a hearing for President Trump’s Supreme Court nominee and indicated that he would support a floor vote for the nominee. This comes months after Grassley said he would not process a Supreme Court nominee in 2020 if he were chairman of the Judiciary Committee due to the precedent set in 2016. Read more »

From 2016

“Today the President has exercised his constitutional authority. A majority of the Senate has decided to fulfill its constitutional role of advice and consent by withholding support for the nomination during a presidential election year, with millions of votes having been cast in highly charged contests,” Grassley said on March 16, 2016. Read more »

Josh Hawley R-MO

“Two months ago, I pledged to vote only for #SCOTUS nominees who understand and acknowledge that Roe was wrongly decided. I stand by that commitment, and I call on my fellow Republican senators to take the same stand,” Hawley tweeted on Sept. 19. Read more »

From 2016

Hawley was not yet a senator during the 2016 Supreme Court debate.

John Hoeven R-NDOpposed Garland

“When a vacancy occurs on the Supreme Court in an election year and the Presidency and the Senate are controlled by the same party, the precedent has been for the President’s nominee to get a vote on confirmation,” Hoeven said on Sept. 21. Read more »

From 2016

“After meeting with Judge Merrick Garland, my position has not changed. Although I respect him as an individual, I do not support his confirmation,” Hoeven said on April 21, 2016. Read more »

Cindy Hyde-Smith R-MS

“President Trump and the Senate now have the solemn duty to fill that vacancy, a process that should not be delayed,” Hyde-Smith said on Sept. 20. Read more »

From 2016

Hyde-Smith was not yet a senator during the 2016 Supreme Court debate.

James M. Inhofe R-OKOpposed Garland

“I look forward to a thorough and swift consideration of @realDonaldTrump’s nominee,” Inhofe tweeted on Sept. 21. Read more »

From 2016

“While I will evaluate the nomination of Judge Merrick Garland, the next president should be the one to fill the vacancy on the Supreme Court. President Obama has worked to ram through his liberal agenda by way of executive actions, of which many are now tied up in the courts. This has created a situation where we need to be cautious as to who will fill the vacancy left behind by Justice Scalia. It makes the current presidential election all that more important as not only are the next four years in play, but an entire generation of Americans will be impacted by the balance of the court and its rulings. Sens. Barack Obama, Joe Biden, Hillary Clinton, Chuck Schumer and Harry Reid have all made statements that the Senate does not have to confirm presidential nominations in an election year. I will oppose this nomination as I firmly believe we must let the people decide the Supreme Court’s future,” Inhofe said on March 16, 2016. Read more »

Ron Johnson R-WIOpposed Garland

“We had divided government [in 2016]. That’s a valid argument when you have divided government ... ‘Let’s let the American people decide.’ Right now, we don’t have divided government,” he said. “That makes all the difference in the world,” Johnson said on Sept. 19. Read more »

From 2016

“I enjoyed a very cordial meeting with Judge Garland. My advice to President Obama and the rest of my Senate colleagues has not changed. Let the American people have a voice in the composition of the Supreme Court. Instead of a lame duck president and Senate nominating and confirming, a new president and Senate — elected by the people only a few months from now — should make that important decision. I can’t think of a fairer or more democratic process,” Johnson said on May 10, 2016. Read more »

John Neely Kennedy R-LA

“If the shoe were on the other foot, then I can assure you [Senate Minority Leader Charles E.] Schumer would do what the Republicans are doing right now,” Kennedy said on Sept. 27. Read more »

From 2016

Kennedy was not yet a senator during the 2016 Supreme Court debate.

James Lankford R-OKOpposed Garland

“I look forward to considering and voting on @realDonaldTrump nominee to fill the Supreme Court vacancy before the end of the year,” Lankford tweeted on Sept. 21. Read more »

From 2016

“Based on previous historical precedent, I support Majority Leader Mitch McConnell and Judiciary Committee Chairman Chuck Grassley’s intent to give the American people a say in Justice Scalia’s replacement this year at the ballot box,” Lankford said on March 16, 2016. Read more »

Mike Lee R-UTOpposed Garland

“This year, President Trump will nominate a replacement for Justice Ginsburg and, consistent with the Constitution, we will again give our advice and consent,” Lee said on Sept. 21. Read more »

From 2016

“In light of the contentious presidential election already well underway, my colleagues and I on the Judiciary Committee have already given our advice and consent on this issue: we will not have any hearings or votes on President Obama’s pick,” Lee said on March 16, 2016. Read more »

Kelly Loeffler R-GAClose race

Loeffler tweeted on Sept. 18 that Trump “has every right to pick a new justice before the election.” Read more »

From 2016

Loeffler was not yet a senator during the 2016 Supreme Court debate.

Mitch McConnell R-KYClose raceOpposed Garland

“President Trump’s nominee will receive a vote on the floor of the United States Senate,” McConnell said on Sept. 18. Read more »

From 2016

“The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president,” McConnell said on Feb. 13, 2016. Read more »

Martha McSally R-AZClose race

“This U.S. Senate should vote on President Trump’s next nominee for the U.S. Supreme Court,” McSally said on Sept. 18. Read more »

From 2016

McSally was not yet a senator during the 2016 Supreme Court debate.

Jerry Moran R-KSOpposed Garland

A Moran spokesperson told the Kansas City Star on Sept. 18 that he supports filling the vacancy left by Ginsburg in 2020. Read more »

From 2016

Moran expressed willingness to meet with Garland in 2016, but reversed his initial support for hearings on the nominee. He also did not support a vote during the lame-duck session. Read more »

Rand Paul R-KYOpposed Garland

Paul supports filling the vacancy “as soon as possible,” a spokesperson told The Washington Post on Sept. 22.

From 2016

“I think the president sort of has a conflict of interest here in appointing somebody while we’re trying to decide whether or not he’s already usurped power,” Paul said on Feb. 15, 2016. Read more »

David Perdue R-GAClose raceOpposed Garland

“Once the president announces a nomination, the United States Senate should begin the process that moves this to a full Senate vote,” Perdue said on Sept. 20. Read more »

From 2016

“I remain firm in my decision to exercise my Constitutional authority and withhold consent on any nominee to the Supreme Court submitted by President Obama,” Perdue said on March 16, 2016. Read more »

Rob Portman R-OHOpposed Garland

“When the presidency and the Senate are controlled by the same party, the precedent is for the president’s nominees to get confirmed,” said Portman in a Sept. 19 statement. “I look forward to seeing who President Trump plans to nominate and thoroughly assessing his or her qualifications for this important role.” Read more »

From 2016

“Instead of having a nomination fight in this partisan election-year environment, I believe awaiting the result of the election will give the nominee more legitimacy and better preserve the Court’s credibility as an institution,” Portman said on April 14, 2016. Read more »

James E. Risch R-IDOpposed Garland

“I took an oath to uphold the U.S. Constitution and faithfully discharge the duties of my office, and will weigh nominees to the Supreme Court based on their merits, not on whether there’s an election coming up,” Risch said on Sept. 21. Read more »

From 2016

“Given his record, I wouldn’t vote for that guy under any circumstances,” Risch said on March 16, 2016. Read more »

Pat Roberts R-KSOpposed Garland

“It is the U.S. Senate’s constitutional duty to fill vacancies on the Supreme Court of the United States, and I support the decision to do so,” Roberts said on Sept. 21. Read more »

From 2016

Roberts told reporters on March 16, 2016 that he would oppose Garland’s nomination despite previously supporting Garland’s nomination to the D.C. Court of Appeals in 1997. Read more »

Mitt Romney R-UT

“The Constitution gives the President the power to nominate and the Senate the authority to provide advice and consent on Supreme Court nominees. Accordingly, I intend to follow the Constitution and precedent in considering the President’s nominee. If the nominee reaches the Senate floor, I intend to vote based upon their qualifications,” Romney said in a statement on Sept. 22. Read more »

From 2016

Romney was not yet a senator during the 2016 Supreme Court debate.

Mike Rounds R-SDOpposed Garland

“I believe the Senate’s role is to do its due diligence and make a determination as to whether to fill the vacancy as soon as prudently possible. In 2016, I met with Judge Garland when he was nominated by then-President Obama to fill a Supreme Court vacancy, just as I met with President Trump’s nominees, current Supreme Court Justices Neil Gorsuch and Brett Kavanaugh. I will continue that same policy,” Rounds said on Sept. 22. Read more »

From 2016

“As a former governor, I respect the president’s responsibility to make a nomination. Today I met with Judge Garland as a courtesy. During our meeting, I thanked him for allowing the president to place his name in nomination. However, I believe that Justice Scalia’s replacement should be nominated by the next President of the United States,” Rounds said on April 27, 2016. Read more »

Marco Rubio R-FLOpposed Garland

“In 2016, President Obama exercised his Constitutional duty and nominated Merrick Garland to the Supreme Court, and the Senate exercised its Constitutional obligation and decided not to consent. Now, President Trump should exercise his duty to name a nominee. And the Senate should once again exercise its Constitutional obligation and decide whether or not to consent to his choice,” Rubio said on Sept. 21. Read more »

From 2016

“I don’t think we should be moving on a nominee in the last year of this president’s term — I would say that if it was a Republican president — and number two, even if this was the third year of this president’s term, this is not someone I’d support,” Rubio said on March 17, 2016. Read more »

Rick Scott R-FL

“It would be irresponsible to allow an extended vacancy on the Supreme Court. I believe that President Trump’s nominee should get a vote in the U.S. Senate,” Scott said on Sept. 18. Read more »

From 2016

Scott was not yet a senator during the 2016 Supreme Court debate.

Tim Scott R-SCOpposed Garland

“I look forward to voting on Judge Barrett’s nomination this year,” Scott said on Sept. 26. Read more »

From 2016

“The next President should fill the open seat on the Supreme Court, not a lame duck. Our nation is in the middle of an election that will replace this president and it has brought people out in every corner of our country in record numbers to have their voice heard. As elected officials, we need to protect the American people’s chance to have their voices heard in the decision on who will be appointed to a lifetime seat on the nation’s high court. The last time a majority of the American people went to the polls, they elected conservatives and a Republican Senate to be a check-and-balance to President Obama and his agenda,” Scott said on March 16, 2016. Read more »

Richard C. Shelby R-ALOpposed Garland

Shelby on Sept. 19 said he backed an “expeditious” confirmation process to fill the vacancy left by Justice Ginsburg. Read more »

From 2016

“This critical decision should be made after the upcoming presidential election so that the American people have a voice. I am adamantly opposed to any Senate action on President Obama’s nomination of Judge Garland to the Supreme Court, and I urge my conservative colleagues to join me,” Shelby said on March 16, 2016. Read more »

Dan Sullivan R-AKClose raceOpposed Garland

“President Trump is well within his constitutional authority to nominate an individual for the Supreme Court vacancy, and the Senate will undertake its advice and consent responsibilities on confirmation, as authorized by the Constitution,” Sullivan said in a statement on Sept. 22. Read more »

From 2016

“Alaskans, like all Americans, are in the midst of an important national election,” Sullivan said on March 16, 2016. “The next Supreme Court justice could fundamentally change the direction of the Court for years to come. Alaskans deserve to have a voice in that direction through their vote, and we will ensure that they have one.” Read more »

John Thune R-SDOpposed Garland

“I believe Americans sent a Republican president and a Republican Senate to Washington to ensure we have an impartial judiciary that upholds the Constitution and the rule of law,” Thune said on Sept. 18. “We will fulfill our obligation to them. As Leader McConnell has said, President Trump’s Supreme Court nominee will receive a vote on the floor of the U.S. Senate.” Read more »

From 2016

“The American people deserve to have their voices heard on the nomination of the next Supreme Court justice, who could fundamentally alter the direction of the Supreme Court for a generation,” Thune said in a statement on March 16, 2016. He opposed meeting with or holding hearings on Garland’s nomination. Read more »

Thom Tillis R-NCClose raceOpposed Garland

“Four years ago, a Supreme Court vacancy arose under divided government and a lame-duck president as Americans were choosing his successor. Today, however, President Trump is again facing voters at the ballot box and North Carolinians will ultimately render their judgment on his presidency and how he chooses to fill the vacancy,” Tillis said on Sept. 19. Read more »

From 2016

“While President Obama is entitled to nominate an individual to the Supreme Court, the Senate has made it clear it will be exercising its Constitutional authority to withhold consent of the nomination. We are in the middle of a presidential election, and the Senate majority is giving the American people a voice to determine the direction of the Supreme Court,” Tillis said in 2016. He refused to meet with Garland in 2016 and opposed hearings or a vote on his nomination. Read more »

Patrick J. Toomey R-PAOpposed Garland

“I will evaluate President Trump’s nominee to replace Justice Ruth Bader Ginsburg based on whether the nominee has the character, intellect, and experience needed to serve on our nation’s highest court. These are the same objective, non-partisan criteria that I have used to evaluate judicial nominees under both President Obama and President Trump. Based on these criteria, I supported President Obama’s nomination of then-Judge Sonia Sotomayor to the U.S. Supreme Court and voted to confirm almost 70 percent of the judges nominated by President Obama and considered by the Senate during my time in office. If the person President Trump nominates also meets these criteria, I will vote to confirm this nominee,” Toomey said on Sept. 22.

From 2016

“I believe it is sensible to allow the American people to participate in the choice of Justice Scalia’s successor less than seven months from now,” Toomey wrote in an op-ed on April 15, 2016. Read more »

Roger Wicker R-MSOpposed Garland

“President Trump and Senate Republicans promised to confirm well-qualified, conservative judges and justices to the federal courts. We should continue to fulfill this promise and our constitutional duty for all vacancies as long as we are in office. I look forward to consideration of the President’s nominee by the full Senate,” Wicker said on Sept. 19. Read more »

From 2016

“The American people should have the opportunity to make their voices heard before filling a lifetime appointment to the nation’s highest court,” Wicker said on March 16. Read more »

Todd C. Young R-IN

“We will act because the American people want us to act,” Young said on Sept. 22.

From 2016

Young was not yet a senator during the 2016 Supreme Court debate.

Senate Republicans refused to hold a vote on Merrick Garland, Obama’s nominee to the court following Justice Antonin Scalia’s death in Feb. 2016. The upcoming election, they said, was a chance for voters to weigh in on the selection. Trump won and nominated Neil M. Gorsuch to that seat early in his presidency.

GOP senators have flipped that script in the wake of Ginsburg’s death, even with voting already underway in many locations. Republicans say that the Garland nomination was different, as the Senate and presidency were not controlled by the same party at the time, and Obama was at the end of his second term and thus not up for reelection.

Kevin Schaul is a senior graphics editor for The Washington Post. He covers national politics and public policy using data and visuals.
Kevin Uhrmacher is a graphics editor for politics covering elections and public policy at The Washington Post.
JM Rieger is the video editor for The Fix, covering national politics. He joined The Washington Post in 2018. Previously, Rieger worked as a video producer covering national politics for HuffPost. He began his career as a video editor covering Congress for Roll Call.