Early Tuesday, Sen. Mitt Romney (R-UT) said that he would support a vote for Trump’s nominee, all but clinching the confirmation for Trump’s Supreme Court nominee.
“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.
Sen. Cory Gardner (R-CO) indicated Monday night that he will “vote to confirm” a qualified nominee to fill the Supreme Court seat vacated by the late Justice Ruth Bader Ginsburg.
In a statement posted to Twitter, Gardner said that he supports “judicial nominees who will protect our Constitution, not legislate from the bench, and uphold the law,” and that “should a qualified nominee who meets this criteria be put forward, I will vote to confirm.”
His position is a reversal from his 2016 stance on then-President Barack Obama’s nomination of Merrick Garland to the bench, saying in March, 2016 that “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,” he added.
The 2020 presidential election is in 42 days.
Gardner is in a tough re-election battle against former Colorado Governor John Hickenlooper. Recent polling averages from FiveThirtyEight shows Hickenlooper leading the incumbent Gardner.
Fellow Republican Sens. Lisa Murkowski and Susan Collins have come out in opposition of a vote to fill the Supreme Court vacancy until after the presidential election.
Senate Democrats would need two more GOP defections to effectively block the vote. In the event of a tie, Vice President Mike Pence would cast the tiebreaking vote.
Meanwhile, Iowa Sens. Chuck Grassley and Joni Ernst, who are both on the Senate Judiciary Committee, said they would support evaluating President Donald Trump’s nomination to the bench.
“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 in a statement.