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

Senate Minority Leader Charles SchumerChuck SchumerFive takeaways on Iran, Russia election interference Pelosi calls Iran 'bad actor' but not equivalent to Russia on election interference Schumer says briefing on Iranian election interference didn't convince him effort was meant to hurt Trump 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 GinsburgThe Hill's Campaign Report: Trump, Biden face off for last time on the debate stage Clean energy opportunities in a time of crisis Trump when asked if he'd be kinder in his second term: 'Yes, I think so' 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 McConnellMcConnell says 'no concerns' after questions about health Overnight Health Care: Trump says he hopes Supreme Court strikes down ObamaCare | FDA approves remdesivir as COVID-19 treatment | Dems threaten to subpoena HHS over allegations of political interference at CDC The Hill's Campaign Report: Trump, Biden face off for last time on the debate stage 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 John TrumpMore than 300 military family members endorse Biden Five takeaways from the final Trump-Biden debate Biden: 'I would transition from the oil industry' MORE appointed and the GOP-controlled Senate confirmed Justice Neil GorsuchNeil GorsuchSupreme Court's Pennsylvania mail ballot ruling tees up test for Barrett 51 percent want Barrett seated on Supreme Court: poll Supreme Court denies GOP bid to block extended mail ballot due date in Pennsylvania 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 LoefflerBlackPAC rolls out Senate race endorsements for the first time Republicans scramble to shore up support in Ga. as Democrats gain Democrats make gains in Georgia Senate races: poll 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 Brian GarlandRepublicans advance Barrett's Supreme Court nomination after Democrats boycott committee vote Democrats to boycott committee vote on Amy Coney Barrett's Supreme Court nomination The Senate should evoke RBG in its confirmation of Amy Coney Barrett 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 CollinsRepublicans advance Barrett's Supreme Court nomination after Democrats boycott committee vote Democrats to boycott committee vote on Amy Coney Barrett's Supreme Court nomination Power players play chess match on COVID-19 aid 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.