Graham: GOP has votes to confirm Trump's Supreme Court nominee before the election

Senate Judiciary Committee Chairman Lindsey GrahamLindsey Olin GrahamSenate control in flux as counting goes forward in key states Mace defeats Cunningham in SC, flipping seat back to GOP Graham fends off Harrison to secure reelection in SC MORE (R-S.C.) predicted on Monday that Republicans will confirm President TrumpDonald John Trump Chris Wallace condemns Trump claims that he won the election 'Squad' member Rashida Tlaib wins reelection in Michigan Biden campaign blasts Trump victory claim as 'outrageous, unprecedented, and incorrect' MORE's forthcoming nominee to fill the late Justice Ruth Bader GinsburgRuth Bader GinsburgPelosi: Amy Coney Barrett 'an illegitimate Supreme Court justice' The Trump court and the erosion of environmental law Ginsburg's granddaughter cuts election ad for progressive group: 'Make her voice heard at the ballot box' MORE's Supreme Court seat before the November elections.

"I've seen this move before. It's not going to work. ... We've got the votes to confirm Justice Ginsburg's replacement before the election. We're going to move forward in the committee. We're going to report the nomination out of the committee to the floor of the United States Senate so we can vote before the election," Graham told Fox News. 

"We're going to have a process that you will be proud of. The nominee is going to be supported by every Republican in the Judiciary Committee. And we've got the votes to confirm the ... justice on the floor of the Senate before the election, and that's what is coming," he added. 

Graham's prediction comes as Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellSenate control in flux as counting goes forward in key states NC governor says 'let the process work' as Tillis declares victory in close Senate race Democrats projected to retain House majority MORE (R-Ky.) hasn't yet tipped his hand on if he will push for a vote before the Nov. 3 election or wait until the end-of-the-year lame-duck session, a strategy that could have risks for Republicans if Trump loses. 

McConnell, speaking from the Senate floor on Monday, only vowed that Trump's forthcoming nominee, whom the president is expected to name later this week, will get a vote on the Senate floor this year. 

"The Senate will vote on this nomination this year," McConnell said. 

If Democrats want to prevent McConnell from filling the seat, they will need to win over four GOP senators to vote against proceeding to the nomination. Sen. John ThuneJohn Randolph ThuneBiden holds Minnesota The Hill's Morning Report - Sponsored by Facebook - 24 hours to go Senate battle threatens to spill into overtime MORE (R-S.D.), McConnell's No. 2, also stopped short of predicting Republicans would have at least 50 of their 53 members, noting the issue would be discussed at a closed-door caucus lunch on Tuesday. 

So far, two GOP senators — Susan CollinsSusan Margaret CollinsSenate control in flux as counting goes forward in key states Live updates: Democrats fight to take control of the Senate Kyle Kondik on tonight's battle for Senate control MORE (Maine) and Lisa MurkowskiLisa Ann MurkowskiAlaska Senate race sees cash surge in final stretch Bitter fight over Barrett fuels calls to nix filibuster, expand court The Hill's Morning Report - Sponsored by Facebook - Justice Barrett joins court; one week until Election Day MORE (Alaska) — have said they don't think the Senate should take up the nomination before the elections.

But McConnell appears to have locked down other key swing votes, including institutionalists such as Sen. Lamar AlexanderAndrew (Lamar) Lamar AlexanderThe spectre of pension failures haunts this election Bitter fight over Barrett fuels calls to nix filibuster, expand court Senate Health Committee chair asks Cuomo, Newsom to 'stop second guessing' FDA on vaccine efficacy MORE (R-Tenn.) and vulnerable GOP incumbents such as Sens. Joni ErnstJoni Kay ErnstSenate control in flux as counting goes forward in key states Ernst holds Iowa Senate seat, fending off challenge from Greenfield Trump notches win in battleground Iowa MORE (R-Iowa) and Cory GardnerCory Scott GardnerSenate control in flux as counting goes forward in key states On The Trail: Deeply divided nation shows blue islands in a red sea Race for White House appears to be coming down to 'blue wall' MORE (R-Colo.), who both signaled support on Monday for filling a Supreme Court vacancy this year. 

Sen. Mitt RomneyWillard (Mitt) Mitt RomneyBiden flips key Nebraska district Ex-RNC officials won't back Trump On The Trail: Making sense of Super Poll Sunday MORE (R-Utah) is viewed as the last likely swing vote on the issue. Even if he came out against taking up the nomination before the election, that would still put the Senate at a 50-50 tie that Vice President Pence could break. 

Graham's position on the Supreme Court vacancy has come under scrutiny after a 2016 video went viral over the weekend of the GOP senator saying that a Supreme Court seat should not be filled during an election year. 

"I want you to use my words against me. If there's a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say Lindsey Graham said let's let the next president, whoever it might be, make that nomination," he said four years ago when arguing against then-President Obama's nomination of Merrick GarlandMerrick Brian GarlandPelosi: Amy Coney Barrett 'an illegitimate Supreme Court justice' What a Biden administration should look like McConnell and Schumer's relationship shredded after court brawl MORE.

But Graham has argued that the contentious confirmation process in 2018 surrounding Justice Brett KavanaughBrett Michael KavanaughHickenlooper ousts Gardner in Colorado, handing Democrats vital pickup The most anti-environmental court in the modern era Harry Reid rips Lindsey Graham over Trump: 'He went to the dark side' after McCain died MORE, who faced allegations of sexual assault, changed his view of the court fight. 

Democrats on the Judiciary Committee sent Graham a letter over the weekend urging him to delay action on a Supreme Court nominee until a new Senate is sworn in next year.

Graham, however, rejected that request in a letter on Monday responding to committee Democrats, adding that he would "proceed expeditiously."

“I ... think it is important that we proceed expeditiously to process any nomination made by President Trump to fill this vacancy. I am certain if the shoe were on the other foot, you would do the same,” Graham wrote in a letter to Democrats.