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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 McConnellWhat would MLK say about Trump and the Republican Party? Biden's minimum wage push faces uphill battle with GOP GOP senators wrestle with purging Trump from party MORE (R-KY) "could engage in the greatest act of hypocrisy in American political history" bringing President TrumpDonald TrumpGiuliani used provisional ballot to vote in 2020 election, same method he disparaged in fighting to overturn results Trump gets lowest job approval rating in final days as president Fox News' DC managing editor Bill Sammon to retire MORE's Supreme Court justice pick to a vote in the Senate.

The perspective came shortly after Supreme Court Justice Ruth Bader GinsburgRuth Bader GinsburgRuth Bader Ginsburg, George Floyd among options for 'Remember the Titans' school's new name Bipartisan anger builds over police failure at Capitol Lindsey Graham praises Merrick Garland as 'sound choice' to serve as attorney general 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 GarlandBiden's new challenge: Holding Trump accountable Graham says he'll back Biden's CIA pick A Democratic agenda for impossibly hard times 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 ObamaBiden faces monumental task healing divided country Garth Brooks to play at Biden swearing-in ceremony Obama honors MLK Day: 'He never gave in to violence, never waved a traitorous flag' 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 GrahamGraham pushes Schumer for vote to dismiss impeachment article Impeachment trial tests Trump's grip on Senate GOP An attack on America that's divided Congress — and a nation 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 RomneyBiden's minimum wage push faces uphill battle with GOP GOP senators wrestle with purging Trump from party Impeachment trial tests Trump's grip on Senate GOP MORE go along with this? Will Lisa MurkowskiLisa Ann MurkowskiBiden's minimum wage push faces uphill battle with GOP GOP senators wrestle with purging Trump from party Democratic lawmaker says 'assassination party' hunted for Pelosi during riot MORE? Will Susan CollinsSusan Margaret CollinsBiden's minimum wage push faces uphill battle with GOP GOP senators wrestle with purging Trump from party Impeachment trial tests Trump's grip on Senate GOP MORE? Will Lamar AlexanderLamar AlexanderCongress addressed surprise medical bills, but the issue is not resolved Trump renominates Judy Shelton in last-ditch bid to reshape Fed Senate swears-in six new lawmakers as 117th Congress convenes 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 KavanaughHarris to resign from Senate seat on Monday Why we need Section 230 more than ever 'Almost Heaven, West Virginia' — Joe Manchin and a 50-50 Senate MORE, in 2018.

Sen. Steve DainesSteven (Steve) David DainesMcConnell about to school Trump on political power for the last time McConnell says he's undecided on whether to vote to convict Trump Member of Senate GOP leadership: Impeaching Trump 'not going to happen' 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) ManchinSenate majority offers Biden new avenues on Trump environmental rollbacks OVERNIGHT ENERGY: Senate majority offers Biden new avenues on Trump environmental rollbacks | Democrats eye action on range of climate bills | Biden pushing to cancel Keystone XL pipeline as soon as he takes office: reports Daily Beast reporter discusses prospects for K stimulus checks MORE (D-W.Va.) crossed party lines to vote for Kavanaugh.