Following the death of Justice Ruth Bader Ginsburg over the weekend a battle is brewing over whether or not the President should nominate a replacement, and then whether or not the Senate should "advise and consent" Trump on his choice. The Constitution states the President "shall" nominate someone to replace a justice on the court. It also calls on the Senate to "advice and consent.
Article II Section II - He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
Despite what Congress has done in the past because of partisanship it is clear both the President and the Senate have duties to fulfill. How they fulfill them is the biggest question this morning.
Should President Trump nominate a justice to fill the Ginsburg vacancy? MONDAY 60 MINUTE POLL