Sen. Minority Leader Charles Schumer (D-N.Y.) said on Sunday that he is prepared to leave open the ninth seat on the Supreme Court.

“If the nominee is not bipartisan and mainstream, we absolutely will keep the seat open,” Schumer told CNN’s “State of the Union.”

The Supreme Court vacancy has been open since last February, when Supreme Court Justice Antonin Scalia passed away.

{mosads}Schumer said he is prepared to fight “tooth and nail” should Trump not choose a mainstream nominee. 

Former President Barack Obama had nominated Merrick Garland to fill the vacancy. The Senate did not take up Garland’s nomination for a vote.  

Garland reportedly returned to his job as a federal appeals court judge last week.

Schumer on Sunday also railed against Trump’s Cabinet picks, calling his selections “troubling.”