The statement marked the first salvo in what is certain to be a fierce political fight over whether Trump and the Republican-controlled Senate decide Ginsburg’s successor. Replacing Ginsburg, one of the court’s liberal stalwarts, with a new right-leaning justice would give the court’s conservatives a firm 6-to-3 majority. Democrats have called for the Senate to wait until after the presidential election.
Ginsburg, too, said she did not want her seat to be filled until after the election, according to NPR. Days before she died in her Washington home of complications from metastatic pancreas cancer, she told her granddaughter: “My most fervent wish is that I will not be replaced until a new president is installed."