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Schumer: Ruth Bader Ginsburg seat should be filled by next president

Senate Minority Leader Charles SchumerChuck SchumerSenate panel deadlocks in vote on sweeping elections bill Senate descends into hours-long fight over elections bill Biden to host Sinema for meeting on infrastructure proposal MORE (D-N.Y.) said Friday night that the Senate should wait until next year to fill the Supreme Court seat left vacant by 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 death.

"The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president," Schumer said in a tweet.

Schumer's tweet comes less than an hour after news broke that Ginsburg had died Friday at 87, throwing a landmine into an already chaotic presidential election year.

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Schumer's tweet is a word-for-word copy of a statement Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellSenate panel deadlocks in vote on sweeping elections bill Senate descends into hours-long fight over elections bill Republican governor of Arkansas says 'Trump is dividing our party' MORE (R-Ky.) released in 2016 after the election-year death of the late conservative Justice Antonin Scalia.

It also points to the looming battle over whether Senate Republicans will try to fill the seat in an election year, after leaving Scalia's seat open until 2017 when President TrumpDonald TrumpKinzinger, Gaetz get in back-and-forth on Twitter over Cheney vote READ: Liz Cheney's speech on the House floor Cheney in defiant floor speech: Trump on 'crusade to undermine our democracy' MORE appointed and the GOP-controlled Senate confirmed Justice Neil GorsuchNeil GorsuchConservative justices split in ruling for immigrant fighting deportation Top GOP super PAC endorses Murkowski amid primary threat Trump-era grievances could get second life at Supreme Court MORE.

McConnell, who is up for reelection, has vowed that he will try to fill an open seat. His office didn't immediately respond to a request for comment about Ginsburg's passing.

"If you're asking me a hypothetical ... we would fill it," McConnell told Fox News in February.

Sen. Kelly LoefflerKelly LoefflerGeorgia Republican secretary of state hits Loeffler as 'weak,' 'fake Trumper' Loeffler asks Georgia attorney general to investigate Raffensperger over 2020 election Former Rep. Doug Collins won't enter Georgia Senate race MORE (R-Ga.), who is facing a tough election in November, became the first senator to explicitly call for the seat to be filled this year.

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"Our country’s future is at stake & @realDonaldTrump has every right to pick a new justice before the election. I look forward to supporting a strict constructionist who will protect the right to life & safeguard our conservative values," tweeted Loeffler, who took office in January.

But a handful of Republicans have been non-committal about if they would support filing an election-year vacancy, though they will likely face intense pressure from conservative activists and their own colleagues to do so. With a 53-47 majority, McConnell could lose three GOP senators and still let Vice President Pence break a tie.

“When Republicans held off Merrick GarlandMerrick GarlandUS officials testify on domestic terrorism in wake of Capitol attack Democrats reintroduce legislation to ban 'ghost guns' DHS establishes domestic terror unit within its intelligence office MORE it was because nine months prior to the election was too close, we needed to let people decide. And I agreed to do that. If we now say that months prior to the election is OK when nine months was not, that is a double standard and I don’t believe we should do it,” Sen. Lisa Murkowksi (R-Alaska) said earlier this year.

Sen. Susan CollinsSusan Margaret CollinsSenate votes to repeal OCC 'true lender' rule Top female GOP senator compares Cheney ousting to 'cancel culture' Utah county GOP censures Romney over Trump impeachment vote MORE (R-Maine) indicated to The New York Times earlier this month that she also would not support filling a Supreme Court vacancy in the final weeks before an election, and would oppose filing the seat in the lame duck if the president lost in November.

“I think that’s too close, I really do,” she said.

According to the Congressional Research Service it takes an average of nearly 70 days for a Supreme Court nomination to be confirmed from the time they are nominated. That would put a confirmation vote on Ginsburg's successor, if Republicans move forward, during the end-of-year lame duck session.

Updated at 8:42 p.m.