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Toobin: McConnell engaging in 'greatest act of hypocrisy in American political history' with Ginsburg replacement vote

CNN legal analyst Jeffrey Toobin argued Friday that Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellOn The Money: McConnell says he would give Trump-backed coronavirus deal a Senate vote | Pelosi, Mnuchin see progress, but no breakthrough | Trump, House lawyers return to court in fight over financial records Progress, but no breakthrough, on coronavirus relief LGBTQ voters must show up at the polls, or risk losing progress MORE (R-KY) "could engage in the greatest act of hypocrisy in American political history" bringing President TrumpDonald John TrumpBiden holds massive cash advantage over Trump ahead of Election Day Tax records show Trump maintains a Chinese bank account: NYT Trump plays video of Biden, Harris talking about fracking at Pennsylvania rally MORE's Supreme Court justice pick to a vote in the Senate.

The perspective came shortly after Supreme Court Justice Ruth Bader GinsburgRuth Bader GinsburgLGBTQ voters must show up at the polls, or risk losing progress Cunningham, Tillis locked in tight race in North Carolina: poll 51 percent want Barrett seated on Supreme Court: poll MORE's died Friday due to pancreatic cancer at age 87.

Her death and vacancy she has left at the high court has sparked fierce debate over whether Trump should move forward with nominating his third justice in as many years.

“The idea Mitch McConnell could engage in the greatest act of hypocrisy in American political history by stopping Merrick GarlandMerrick Brian GarlandDemocrats seem unlikely to move against Feinstein 51 percent want Barrett seated on Supreme Court: poll Senate Republicans offer constitutional amendment to block Supreme Court packing MORE who faced a vacancy in February of an election year, and jamming someone through when there is a vacancy in September of an election year — I don’t think that’s a foregone conclusion," Toobin said on "CNN Tonight."

In 2016, Republicans blocked former President Barack ObamaBarack Hussein ObamaDemocrats make gains in Georgia Senate races: poll 'Democrat-run cities' fuel the economy, keep many red states afloat Democrats seem unlikely to move against Feinstein MORE's Supreme Court pick Merrick Garland from obtaining a vote on the Senate floor. Garland would have replaced now-deceased Justice Antonin Scalia.

At the time, several GOP members including Sen. Lindsey GrahamLindsey Olin GrahamDemocratic Senate campaign arm outraises GOP counterpart in September Hug or heresy? The left's attack on Dianne Feinstein is a sad sign of our times Democrats seem unlikely to move against Feinstein MORE (S.C.) have said they did not believe in confirming a justice before an election.

"I also recognize that there are only 53 Republicans in the Senate," he continued. "Will Mitt RomneyWillard (Mitt) Mitt RomneyPoll: Trump, Biden tied in Georgia McConnell says he would give Trump-backed coronavirus deal a vote in Senate Trump tells Fox he wants bigger relief deal as Pelosi's deadline nears MORE go along with this? Will Lisa MurkowskiLisa Ann MurkowskiSenate to vote Monday to confirm Amy Coney Barrett to Supreme Court Senate GOP eyes Oct. 26 for confirming Barrett to Supreme Court This week: Clock ticks on chance for coronavirus deal MORE? Will Susan CollinsSusan Margaret CollinsSenate to vote Monday to confirm Amy Coney Barrett to Supreme Court Cunningham, Tillis locked in tight race in North Carolina: poll 51 percent want Barrett seated on Supreme Court: poll MORE? Will Lamar AlexanderAndrew (Lamar) Lamar AlexanderThe Hill's Morning Report - Sponsored by Goldman Sachs - Two weeks out, Trump attempts to rally the base McConnell aims for unity amid growing divisions with Trump Overnight Health Care: Trump takes criticism of Fauci to a new level | GOP Health Committee chairman defends Fauci | Birx confronted Pence about Atlas MORE?”

Democrats can “pretend they are powerless in this situation, or they can pick a fight for once," Toobin later added.

President Trump indicated in a Saturday tweet he will move swiftly to nominate a replacement for Ginsburg.

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"We were put in this position of power and importance to make decisions for the people who so proudly elected us, the most important of which has long been considered to be the selection of United States Supreme Court Justices," Trump said.

"We have this obligation, without delay!"

The GOP controls the Senate, 53-47. If three Republicans defect on Trump's choice, Vice President Pence would serve as a tiebreaker in a 50-50 tie.

The Senate voted 50-48 to confirm Trump's last nominee, Brett KavanaughBrett Michael KavanaughSupreme Court's Pennsylvania mail ballot ruling tees up test for Barrett Lindsey Graham says two women confronted him in airport over Barrett 51 percent want Barrett seated on Supreme Court: poll MORE, in 2018.

Sen. Steve DainesSteven (Steve) David DainesClimate change — Trump's golden opportunity Steve Bullock raises .8 million in third quarter for Montana Senate bid Overnight Defense: National Guard says no federal requests for election security help | Dems accuse VA head of misusing resources | Army official links COVID-19 to troop suicides MORE (R-Mont.) skipped the vote to attend his daughter’s wedding.
Sen. Lisa Murkowksi (R-Alaska), who had opposed Kavanaugh, voted present.

Only Sen. Joe ManchinJoseph (Joe) ManchinDemocrats seem unlikely to move against Feinstein Push to expand Supreme Court faces Democratic buzzsaw Harris walks fine line on Barrett as election nears MORE (D-W.Va.) crossed party lines to vote for Kavanaugh.