Donald Trump is sending his nomination of Judge Amy Coney Barrett for the US Supreme court to the Senate with hopes of a confirmation fewer than 40 days before the presidential election.
A confirmation vote so close to a presidential election would be unprecedented, creating significant political risk and uncertainty for both parties.
Here's what we know about the confirmation process.
WHO IS AMY CONEY BARRETT?
Barrett has been a federal judge in Indiana since 2017, when Trump nominated her to the Chicago-based 7th US Circuit Court of Appeals. At age 48, she would be the youngest justice on the current court if confirmed. Barrett's three-year judicial record shows a clear and consistent conservative bent. She is a committed Roman Catholic .
WHAT HAPPENS NEXT?
The Senate Judiciary Committee will hold four days of confirmation hearings the week of October 12.
Once the committee approves the nomination, it goes to the Senate floor for a final vote. This could all happen by November 3, if the process goes smoothly. Senate Judiciary Committee Chairman Lindsey Graham of South Carolina, who faces his own tough re-election contest, has said he will move quickly on Trump's pick.
The nominee traditionally meets with individual senators before the confirmation hearings begin, a process that could begin as soon as this week.
WILL THERE BE A VOTE BEFORE THE ELECTION?
Republicans are privately aiming to hold the final vote the last week of October, but acknowledge the tight timeline and say they will need to see how the hearings go. Senate Majority Leader Mitch McConnell has been careful not to say when he believes the final confirmation vote will happen, other than "this year."
Senate Republicans are mindful of their last confirmation fight in 2018, when Christine Blasey Ford's allegations of a teenage sexual assault almost derailed Brett Kavanaugh's nomination. Kavanaugh, who denied the allegations, was eventually confirmed in a 50-48 vote.
DOES THE SENATE HAVE ENOUGH VOTES TO MOVE FORWARD AND CONFIRM?
McConnell does appear to have the votes, for now. Republicans control the Senate by a 53-47 margin, meaning he could lose up to three Republican votes and still confirm a justice, if Vice President Mike Pence were to break a 50-50 tie.
At this point, McConnell seems to have lost the support of two Republicans - Maine's Susan Collins and Alaska Senator Lisa Murkowski, both of whom have said they don't think the Senate should take up the nomination before the election.
WHAT CAN THE DEMOCRATS DO?
Democrats have vowed to oppose the nomination, and are likely to use an assortment of delaying tactics.
They will also make the case against the nomination to voters as the confirmation battle stretches into the final weeks - and maybe even the final days - of the election season. They say health care protections and abortion rights are on the line, and argue the Republicans' vow to move forward is "hypocrisy" after McConnell refused to consider President Barack Obama's nominee, Judge Merrick Garland, several months before the 2016 election.
COULD THE SENATE FILL THE VACANCY AFTER THE ELECTION?
Yes. Republicans could still vote on Trump's nominee in what's known as the lame-duck session that takes place after the November election and before the next Congress takes office in January. No matter what happens in this year's election, Republicans are still expected to be in charge of the Senate during that period. If Trump were re-elected and Barrett had not been confirmed by the inauguration, he could renominate her as soon as his second term began.
DIDN'T MCCONNELL SAY IN 2016 THAT THE SENATE SHOULDN'T HOLD SUPREME COURT VOTES IN A PRESIDENTIAL ELECTION YEAR?
He did. McConnell stunned Washington in the hours after the death of Justice Antonin Scalia in February 2016 when he announced the Senate would not vote on Obama's potential nominee because the voters should have their say by electing the next president. Soon after his inauguration, Trump nominated Neil Gorsuch to fill Scalia's seat.
SO WHAT HAS CHANGED SINCE 2016?
McConnell says it's different this time because the Senate and the presidency are held by the same party, which was not the case when a vacancy opened under Obama in 2016. Democrats say this reasoning is laughable and the vacancy should be kept open until after the inauguration.
Australian Associated Press
