Senate Judiciary Committee Chairman Lindsey Graham declared that Donald Trump ‘has the votes’ to confirm his Supreme Court nominee after two key Republican swing voters voiced their support for the president’s plan to fill Ruth Bader Ginsburg’s seat before the election. 

The South Carolina senator hit out at Democrats trying to delay the confirmation process in an interview with Fox News on Monday night. 

‘It’s pretty obvious that if [Democrats] want an outcome, they’ll just destroy anybody’s life to keep the seats open,’ Graham told host Sean Hannity. 

‘They said they tried to destroy Brett Kavanaugh so they could fill the seat – they were dumb enough to say that. I’ve seen this movie before. It’s not going to work, it didn’t work with Kavanaugh.

‘We’ve got the votes to confirm Justice Ginsburg’s replacement before the election. We’re going to move forward in the committee, we’re going to report the nomination out of the committee to the floor of the United States Senate so we can vote before the election. Now, that’s the constitutional process.’

Graham’s confident statements came after Iowa Sen Chuck Grassley, the former Judiciary Committee chair, and Colorado Sen Cory Gardner confirmed that they will back a hearing for Trump’s nominee. 

Meanwhile, the president appears to be narrowing down his list of potential picks as insiders say Amy Coney Barrett is a strong frontrunner, followed by Barbara Lagoa in a ‘distant second’. 

It had been speculated that Grassley could try to block the nomination process because he’d previously opposed filling Supreme Court vacancies during an election year. 

Gardner’s stance was also in question because he faces a tough re-election race in his home state, and some thought he could side with Democrats to boost his standing among moderate voters. 

The news of both senators preparing to back Trump came as a blow to the Democrats fighting to block Trump and Senate Majority Leader Mitch McConnell’s plans to rush the court appointment.  

The nomination will come just six weeks before the election and has sparked fierce debate, with many Democrats – as well as some Republicans – insisting the seat must not be filled until after the election.   

The crux of the debate centers around the move made by Republicans back in 2016 – and led by McConnell and Grassley – to block then-President Barack Obama from appointing a new justice to the court nine months before the election. 

Their argument at the time was that the position should not be filled until a new president was elected by the American people – a standard set by the Republicans that the Democrats now argue the party must continue to honor.   

Four Republican senators need to join the Democrats to stop a Supreme Court nomination going forward. 

Two GOP senators – Lisa Murkowski and Susan Collins – have already dissented on the Supreme Court vote, vowing to derail Trump’s nomination plans until after the November 3 election.  

Murkowski became the second Republican senator Sunday to say the chamber should not take up the president’s nominee before the American people vote for their next president, hours after Trump threw shade at her publicly and after her colleague and frequent collaborator Collins made her own opposition to a quick vote known. 

‘For weeks, I have stated that I would not support taking up a potential Supreme Court vacancy this close to the election,’ the Alaska senator said.  

‘Sadly, what was then a hypothetical is now our reality, but my position has not changed,’ she continued.

‘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.’      

Murkowski in her statement was referencing the nomination of Judge Merrick Garland, which never got a hearing despite Obama nominating Garland just nine months before the 2016 election.  

Iowa Sen Grassley fell in line with McConnell on Monday, saying: ‘Once the hearings are underway, it’s my responsibility to evaluate the nominee on the merits, just as I always have.

‘The Constitution gives the Senate that authority, and the American people’s voices in the most recent election couldn’t be clearer,’ Grassley added.

Grassley was chairman of the Judiciary Committee when Republicans blocked Obama’s pick in 2016, when he joined McConnell in arguing that it was best to let voters decide who should fill the Supreme Court seat.

The senator maintained that stance as recently as this summer, telling reporters that he would still hold that position if he were chairman now. 

Gardner followed suit soon after, saying: ‘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.’

Republican Senator Lamar Alexander of Tennessee also threw his support behind McConnell in a statement on Sunday, saying ‘no one should be surprised’ by a new appointment in an election year and that voters ‘expect it’.  

Alexander had been eyed as a swing vote due to his history of bipartisanship, having worked closely with Democrat Senate Minority Leader Schumer in the past on making it easier for the Senate to confirm presidential nominees. 

With Alexander, Grassley and Gardner eliminated from the list of possible dissenters, the focus has shifted to Republican Sen Mitt Romney, who votes with conservatives but also voted for an impeachment article against Trump and has called him out occasionally in public.  

Sen Graham’s position on the Supreme Court vacancy has come under scrutiny after a 2016 video went viral over the weekend in which he emphatically declared that a Supreme Court seat should not be filled during an election year.

‘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,’ the senator said four years ago when arguing against Obama’s nomination of Merrick Garland.

However, Graham has said his stance changed after the heated confirmation process for Trump’s last nominee, Kavanaugh.  

Protesters gathered outside Graham’s home in Washington, DC, on Monday morning to pressure him into backing down.  

‘We can’t sleep so neither should Lindsey,’ on banner, held by multiple protesters, read.

‘We are wide awake,’ another sign said.

Another group mobbed McConnell’s Louisville home on Saturday and demanded that he stop the vote from taking place.  

Unfazed by the intense pressure to delay the nomination process, Trump has said he is ‘strongly considering’ five candidates to replace Ginsburg, with Barret emerging as a favorite.  

Trump met with Barrett, a judge on the Seventh Circuit and mother of seven who adopted two children from Haiti, at the White House on Monday. 

Bloomberg reported that the president is ‘leaning toward’ Barrett for the nomination but is also planning to meet with another contender, Lagoa, sometime this week.  

Sources told the outlet that Lagoa, a judge on the US Court of Appeals for the 11th Circuit and former justice on the Florida Supreme Court, is the only other person being seriously considered for the job, but she is a ‘distant second’ to Barrett.  

Trump said Monday that he will wait to announce his nomination until Friday or Saturday – after funeral services for Ginsburg have concluded. 

‘I think it’ll be on Friday or Saturday,’ Trump said of the impending announcement for his third Supreme Court nomination. ‘And we want to pay respect. We, it looks like, it looks like we will have probably services on Thursday or Friday, as I understand it.’

‘I think in all due respect we should wait until the services are over for Justice Ginsburg,’ he told the Fox & Friends panel during a Monday morning call-in interview. ‘And so we’re looking probably at Friday or maybe Saturday.’ 

Speaking to reporters before leaving the White House on Monday, Trump urged the Senate to vote on the nomination before the election, claiming there is ‘plenty of time’ to get someone through the process before Election Day on November 3.

‘I’d much rather have a vote before the election because there’s a lot of work to be done,’ the president asserted. ‘We have plenty of time to do it. I mean there’s really a lot of time. So let’s say I make the announcement on Saturday, there’s a great deal of time before the election. That’ll be up to Mitch in the Senate. I think it sends a good signal. And it’s solidarity… I’m just doing my constitutional obligation.’

At the same time signaling ‘respect’ for the late justice, the president also brought into question her ‘dying wish’ that she not be replaced by a Trump nominee.

He cast doubt on Ginsburg’s dying wish to have the next president replace her on the Supreme Court, alleging it was actually written by a Democrat.

Trump said it was actually Senate Democratic Leader Chuck Schumer, House Speaker Nancy Pelosi or House Intelligence Chairman Adam Schiff who were behind the justice’s last request. 

There is not proof that this allegation has any validity and Trump did not offer any explanation.

‘I don’t know that she said that, or was that written out by Adam Schiff, Schumer and Pelosi,’ Trump said during his Fox & Friends interview.

‘I would be more inclined to the second, it sounds so beautiful. But that sounds like a Schumer deal or maybe a Pelosi or shifty Schiff. So that that came out of the wind. Let’s see. I mean, maybe she did and maybe she didn’t,’ he added. 

Ginsburg’s granddaughter Clara Spera said that in her dying days, the liberal justice dictated a dying wish to her.

‘My most fervent wish is that I will not be replaced until a new president is installed,’ she said. 

Trump told reporters before boarding Marine One from the South Lawn Monday: ‘It just sounds to me that it would be someone else. I don’t believe – it could be, it could be and it might not be too.

‘It was just too convenient,’ he added.  

Trump also lashed out at House Speaker Pelosi on Monday – calling her ‘crazy’ after she refused to rule out impeaching him in a gambit that could be used to stall a Supreme Court confirmation process.

Trump blasted the idea – which has some political risks and practical flaws – as he defended his infamous July 25, 2019 call with the president of Ukraine that was the subject of the Democratic impeachment effort as ‘perfect.’

‘@SenateGOP Crazy Nancy Pelosi wants to Impeach me if I fulfill my Constitutional Obligation to put forth a Nominee for the vacated seat on the United States Supreme Court. This would be a FIRST, even crazier than being Impeached for making a PERFECT phone call to Ukrainian Pres,’ Trump tweeted Monday morning.

The attack came hours after Pelosi refused on Sunday to rule out impeachment as one of the ‘options’ Democrats could avail themselves of in an effort to try to stall a vote on the judicial vacancy.

‘We have our options. We have arrows in our quiver that I’m not about to discuss right now but the fact is we have a big challenge in our country,’ she told ABC’s ‘This Week ‘ when asked about the prospect.

‘This president has threatened to not even accept the results of the election,’ Pelosi continued. ‘Our main goal would be to protect the integrity of the election as we protect the people from the coronavirus.’

Ginsburg, who was lovingly referred to as RBG, died at the age of 87 late last week due to complications from her ongoing battle with pancreatic cancer. 

She will be honored in a viewing outside the Supreme Court building later this week, according to pandemic-era guidelines. 

The late Justice will lie in state this week as her casket will be on public view Wednesday and Thursday at the Supreme Court Building and Friday in National Statuary Hall in the US Capitol. Private ceremonies will also be held at both locations.

Pelosi announced Monday that the formal ceremony at the Capitol on Friday morning is invitation-only due to the COVID pandemic.

It’s unclear if Trump and Democratic nominee Joe Biden will pay their respects and, if so, when.

Ginsburg will be buried next week at Arlington National Cemetery in a private service, the court said in a statement. Her husband, Martin Ginsburg, was buried at Arlington in 2010.  

The president also claimed to the Fox News morning show panel that he has narrowed his list of potential nominees to five different people.

‘I’m looking at five, probably four, but I’m looking at five very seriously,’ Trump said.

‘I’m going to make a decision on either Friday or Saturday. I will announce it either Friday or Saturday, and then the work begins,’ he continued. ‘Hopefully, it won’t be too much work, because these are very qualified people. No matter how you would look at it, these are the finest people in the nation. Young people. Pretty young for the most part.’

The president has signaled an impending announcement following the death of Ginsburg last week, claiming it’s his ‘obligation’ to nominate a new justice ‘without delay.’

With Ginsburg’s passing, only two of the remaining eight justices are women, prompting Trump to promise over the weekend he will nominate a female.

There are four women who have made the shortlist, a source with knowledge of the process said, according to Politico – Barrett, Lagoa, Kate Todd and Allison Jones Rushing.

Barrett is 48, Lagoa is 52, Rushing is 38 and Todd is 45. If any of these women are nominated and confirmed, they would be the youngest currently seated on the current Supreme Court. 

‘These are the smartest people, the smartest young people, you like to go young, because they’re there for a long time,’ Trump told Fox & Friends.

He added that his nominee would ‘abide by the Constitution,’ be a ‘good person’ and have ‘very, very high moral values.’   

Trump said Saturday that his nomination for the open Supreme Court seat ‘will be a very talented, very brilliant woman.’

‘I like women more than I like men,’ he continued during a campaign rally in North Carolina over the weekend.

Lest there be any questions about the political implications, Trump is expected to make his choice in a matter of days. Those close to the president are encouraging him to announce his pick before the first presidential debate against Democratic challenger Joe Biden on September 29.

Biden said the winner of the November election should choose the next justice. Biden’s team is skeptical that the Supreme Court clash will fundamentally change the contours of a race Trump was trailing so close to Election Day. Indeed, five states are already voting.

In fact, Democrats say it could motivate voters to fight harder against Trump and Republicans as the Senate breaks the norms with an unprecedented confirmation at a time when Americans are deciding crucial elections.

‘Everything Americans value is at stake,’ Senate Democratic leader Chuck Schumer told fellow Democratic senators on a conference call Saturday, according to a person who was not authorized to publicly discuss the private call and spoke on condition of anonymity.

Biden is not planning to release a full list of potential court nominees, according to a top aide, because it would further politicize the process. The aide was not authorized to publicly discuss private deliberations and spoke on condition of anonymity.

Biden’s team suggests that the court fight will heighten the focus on issues that were already at stake in the election: health care, environmental protections, gender equity and abortion.

A federal judge ruled Monday that absentee ballots in battleground Wisconsin can be counted up to six days after the Nov. 3 presidential election as long as they are postmarked by Election Day.

The highly anticipated ruling, unless overturned, means that the outcome of the presidential race in Wisconsin might not be known for days after polls close. Under current law, the deadline for returning an absentee ballot to have it counted is 8 p.m. on Election Day.

Democrats and their allies sued to extend the deadline in the key swing state after the April presidential primary saw long lines, fewer polling places, a shortage of workers and thousands of ballots mailed days after the election.

U.S. District Judge William Conley granted a large portion of their requests, issuing a preliminary injunction that was expected to be appealed all the way to the U.S. Supreme Court. He put the ruling on hold for seven days to give the other side a chance to seek an emergency appeal.

In Wisconsin´s April presidential primary, Conley also extended the deadline for returning absentee ballots for a week. In that election, nearly 7% of all ballots cast were returned the week after polls closed.

In 2016, the presidential race was decided in Wisconsin by less than 1 percentage point – fewer than 23,000 votes.

Polls show Democrat Joe Biden with a slight lead, but both sides are expecting another tight race. Biden wrapped up a campaign stop in northeast Wisconsin about an hour before the ruling was released. Trump held a rally in the state last week.

The Republican National Committee, the Wisconsin GOP and Wisconsin´s Republican legislators argued that current absentee voting regulations should be left in place, saying people have plenty of time to obtain ballots and get them back to clerks by Election Day.

Wisconsin Republican Party Chairman Andrew Hitt said they were reviewing the order and working with others to determine next steps.

The Democratic National Committee, the state Democratic Party and groups including the League of Women Voters and Disability Rights Wisconsin filed a series of lawsuits to make absentee voting and registration easier so people won´t have to go to the polls and risk catching the coronavirus.

‘This ruling is a victory for democracy,’ said Jonathan Manes, an attorney with the MacArthur Justice Center, which represented the plaintiffs along with Protect Democracy. ‘Every voter should be able to vote easily, safely, and accessibly, no matter where they live or who they are. Today´s decision brings us closer to that goal.’

Conley, an appointee of former President Barack Obama, also agreed with Democrats to lift the Oct. 14 deadline for by-mail and electronic voter registration. The judge extended it until Oct. 21. Conley further ruled that poll workers can work in any county, not just in the one where they live. Clerks have reported a shortage of poll workers due to the pandemic, and loosening the residency rules could make it easier to fill slots.

Even though he extended the deadlines to register and return ballots, Conley urged voters to cast them as soon as possible.

While more than 1 million absentee ballots have been requested to date, the Wisconsin Elections Commission anticipates as many as 2 million will eventually be cast. That would be three times more than any other previous election, which threatens to overwhelm election officials, Conley said. The U.S. Postal Service will also ‘undoubtedly be overwhelmed again with ballots in November, as they were in April,’ Conley wrote.

There´s little doubt that tens of thousands of voters risk not being able to vote without expanding the deadlines, Conley said.

‘While the Legislature would opt to disregard the voting rights of these so-called procrastinators, Wisconsin´s election system sets them up for failure in light of the near certain impacts of this ongoing pandemic,’ he wrote.

The judge also said he expects that in-person voting in November will continue to pose a health risk due to COVID-19.

‘While the exact trajectory of COVID-19 in Wisconsin is unknown, the unrebutted public health evidence in the record demonstrates that COVID-19 will continue to persist, and may worsen, through November,’ Conley wrote.

Wisconsin has reported 345 new cases of COVID-19 per 100,000 people over the past two weeks, meaning it ranks third in the country for new cases per capita. The state had nearly 102,500 total cases as of Monday and 1,244 deaths.

“The continuing resolution introduced today will avert a catastrophic shutdown in the middle of the ongoing pandemic, wildfires and hurricanes, and keep government open until December 11, when we plan to have bipartisan legislation to fund the government for this fiscal year,” House Speaker Nancy Pelosi (D-Calif.) said in a statement.