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What President Biden Would Have To Do If Republicans Fill Ginsburg Seat Despite Election Loss Official White House photo Reprinted with permission from DailyKos At the very least, Senate Republicans stole one seat from the American people in 2016 when they refused to fill the seat of Justice Antonin Scalia, who died in February that year fully nine months before the November election. Within hours, Senate Majority Leader Mitch McConnell pledged that his GOP caucus would refuse to replace Scalia until the presidential election took place. 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, as Democratic lawmakers were still offering condolences to Scalia s family. And after President Barack Obama nominated a relatively moderate judge, Merrick Garland, to fill Scalia s seat, McConnell refused to even give him a hearing, let alone a

United statesWhite houseDistrict of columbiaDonald trumpFranklin delano rooseveltBarack obamaBrett kavanaughRuth bader ginsburgJoe bidenMitch mcconnellEd markeyJustice ginsburgKamala harrisSenate republicansNo supreme courtSenate intelligence committee