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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 McConnellManchin, Biden huddle amid talk of breaking up T package Romney: Removing Cheney from House leadership will cost GOP election votes The Hill's 12:30 Report - Presented by Facebook - Biden reverses Trump limits on transgender protections MORE (R-KY) "could engage in the greatest act of hypocrisy in American political history" bringing President TrumpDonald TrumpCaitlyn Jenner says election was not 'stolen,' calls Biden 'our president' Overnight Health Care: FDA authorizes Pfizer vaccine for adolescents | Biden administration reverses limits on LGBTQ health protections Overnight Defense: US fires 30 warning shots at Iranian boats | Kabul attack heightens fears of Afghan women's fates | Democratic Party leaders push Biden on rejoining Iran deal MORE's Supreme Court justice pick to a vote in the Senate.

The perspective came shortly after Supreme Court Justice Ruth Bader GinsburgRuth Bader GinsburgCourt watchers buzz about Breyer's possible retirement Five hot-button issues Biden didn't mention in his address to Congress Schumer waiting for recommendation on Supreme Court expansion 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 GarlandThe Hill's Morning Report - Presented by Facebook - Infrastructure, Cheney ouster on deck as Congress returns One quick asylum fix: How Garland can help domestic violence survivors DOJ faces big decision on home confinement 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 ObamaYoung, diverse voters fueled Biden victory over Trump Biden's relationship with top House Republican is frosty The Memo: The Obamas unbound, on race 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 GrahamHouse conservatives take aim at Schumer-led bipartisan China bill There will be no new immigration law under Biden, unless he changes course McConnell safe in power, despite Trump's wrath 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 RomneyTop female GOP senator compares Cheney ousting to 'cancel culture' Romney: Removing Cheney from House leadership will cost GOP election votes Utah county GOP censures Romney over Trump impeachment vote MORE go along with this? Will Lisa MurkowskiLisa Ann MurkowskiUtah county GOP censures Romney over Trump impeachment vote Bottom line Pollster Frank Luntz: 'I would bet on' Trump being 2024 GOP nominee MORE? Will Susan CollinsSusan Margaret CollinsTop female GOP senator compares Cheney ousting to 'cancel culture' Utah county GOP censures Romney over Trump impeachment vote House conservatives take aim at Schumer-led bipartisan China bill MORE? Will Lamar AlexanderLamar AlexanderThe Republicans' deep dive into nativism Senate GOP faces retirement brain drain The Hill's Morning Report - Presented by the National Shooting Sports Foundation - CDC news on gatherings a step toward normality 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 KavanaughConservative justices split in ruling for immigrant fighting deportation Supreme Court weighs whether to limit issuance of exemptions to biofuel blending requirements The Hill's Morning Report - Presented by Facebook - GOP makes infrastructure play; Senate passes Asian hate crimes bill MORE, in 2018.

Sen. Steve DainesSteven (Steve) David DainesOvernight Energy: 5 takeaways from the Colonial Pipeline attack | Colonial aims to 'substantially' restore pipeline operations by end of week | Three questions about Biden's conservation goals House conservatives take aim at Schumer-led bipartisan China bill Three questions about Biden's conservation goals 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 ManchinJoe ManchinManchin, Biden huddle amid talk of breaking up T package Biden to go one-on-one with Manchin There will be no new immigration law under Biden, unless he changes course MORE (D-W.Va.) crossed party lines to vote for Kavanaugh.