Romney backs pre-election Supreme Court vote, paving way for McConnell, Trump

Sen. Mitt RomneyWillard (Mitt) Mitt RomneyRomney, Sinema teaming up on proposal to raise minimum wage Family policy that could appeal to the right and the left Press: Corporate America defies the GOP MORE (R-Utah) signaled on Tuesday that he is open to confirming a Supreme Court nominee this year, solidifying GOP support for Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellThe Memo: Biden puts 9/11 era in rear view Anti-Asian hate crimes bill overcomes first Senate hurdle Greitens Senate bid creates headache for GOP MORE's (R-Ky.) vow to hold a vote on President TrumpDonald TrumpTrump mocks Murkowski, Cheney election chances Race debate grips Congress US reentry to Paris agreement adds momentum to cities' sustainability efforts MORE's nominee.

“The Constitution gives the President the power to nominate and the Senate the authority to provide advice and consent on Supreme Court nominees. Accordingly, I intend to follow the Constitution and precedent in considering the President’s nominee. If the nominee reaches the Senate floor, I intend to vote based upon their qualifications," Romney said in a statement.

Romney's decision is a blow to Senate Democrats and a boon to McConnell, with both sides watching him closely as a potential swing vote on bringing up whomever Trump nominates to fill the late Justice Ruth Bader GinsburgRuth Bader GinsburgDemocrats to offer bill to expand Supreme Court Progressives give Biden's court reform panel mixed reviews Biden will let Breyer decide when to retire, aide says MORE's seat just weeks before a presidential election.

McConnell has essentially locked down support within his 53-member caucus to move a Supreme Court nominee this year, laying the groundwork for an explosive fight that critics warn could lead to an overhaul of the Senate. McConnell has not said if he will try to move a nomination before or after the election.

Sen. John ThuneJohn Randolph ThuneSenate GOP to face off over earmarks next week Biden outreach on infrastructure met with Republican skepticism McConnell seeks to end feud with Trump MORE (R-S.D.), McConnell's No. 2, said on Tuesday after Romney's announcement that he personally supports moving Trump's nominee before the election, but the decision on timing will need to be discussed with the caucus during a closed-door lunch later Tuesday. 

“Speaking for me personally? Yes. I think it would be a good idea for us to move forward. But obviously we have a lot of different members who might have different positions. We’ll get an assessment of that. At least we’re hearing from everybody, everybody wants to move forward," Thune said. 

Thune added that leadership has been talking with members since Friday night.

"I think people are very supportive of the idea of moving forward. In terms of the timing, that’s still up in the air," he said.

With 53 members, Republicans could lose three senators and still let Vice President Pence break a tie on a Supreme Court nomination. If Pence breaks a tie, that would be the first time a vice president has had to weigh in on a Supreme Court pick.

So far only two GOP senators have said they do not support moving a nomination before the Nov. 3 election: Sens. Susan CollinsSusan Margaret CollinsOVERNIGHT ENERGY: Senate confirms Mallory to lead White House environment council | US emissions dropped 1.7 percent in 2019 | Interior further delays Trump rule that would make drillers pay less to feds Anti-Asian hate crimes bill overcomes first Senate hurdle On The Money: Senate confirms Gensler to lead SEC | Senate GOP to face off over earmarks next week | Top Republican on House tax panel to retire MORE (Maine) and Lisa MurkowskiLisa Ann MurkowskiTrump mocks Murkowski, Cheney election chances Biden picks Obama alum for No. 2 spot at Interior Biden outreach on infrastructure met with Republican skepticism MORE (Alaska).

To stop McConnell successfully, Democrats will need four GOP senators to side against him, an uphill battle given the growing partisanship over the courts, which is a top issue for the Republican base.

And the pool of GOP senators who could side with Democrats on the process argument appears to have closed. Several Republicans considered vulnerable this fall, including Sens. Cory GardnerCory GardnerBiden administration reverses Trump changes it says 'undermined' conservation program Gardner to lead new GOP super PAC ahead of midterms OVERNIGHT ENERGY: Court rules against fast-track of Trump EPA's 'secret science' rule | Bureau of Land Management exodus: Agency lost 87 percent of staff in Trump HQ relocation | GM commits to electric light duty fleet by 2035 MORE (Colo.) and Joni ErnstJoni Kay ErnstTim Scott to participate in GOP event in Iowa Exclusive: GOP senators seek FBI investigation into Biden Pentagon nominee Trump faces test of power with early endorsements MORE (Iowa), have signaled they are on board with McConnell's plan, though they've said that they will make a decision on confirmation once Trump nominates a judge.

Republicans have a matter of weeks if they want to confirm Trump’s nominee before the election. The president isn’t expected to name his pick until Saturday, which will be 38 days before Nov. 3. According to the Congressional Research Service, the average number of days from nomination to final Senate vote is 69.6. 

But there are vocal supporters within the caucus of getting Trump’s nominee through the Senate before November, and risks to waiting until the lame-duck session, which would raise new questions if Republicans lose the Senate majority or Democratic nominee Joe BidenJoe BidenHouse panel approves bill to set up commission on reparations Democrats to offer bill to expand Supreme Court Former Israeli prime minister advises Iran to 'cool down' amid nuclear threats MORE wins the White House. 

“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,” Senate Judiciary Committee Lindsey GrahamLindsey Olin GrahamOVERNIGHT ENERGY: Senate confirms Mallory to lead White House environment council | US emissions dropped 1.7 percent in 2019 | Interior further delays Trump rule that would make drillers pay less to feds The Memo: Biden puts 9/11 era in rear view Senate confirms Biden's pick to lead White House environmental council MORE (R-S.C.) told Fox News on Monday night.

Romney had been expected to wait until after the closed-door caucus lunch to make his decision ahead of announcing his decision.

But the former governor told reporters on Tuesday morning that he had spoken to a number of his colleagues.

"I recognize that we may have a court that has more of a conservative bent ... but my liberal friends have, over many decades, gotten very used to the idea of having a liberal court and that's not written in the stars," he said.

Romney declined to talk about hypotheticals, including how he would handle a Supreme Court nominee during a lame-duck if Democrats win back the majority in November or if Biden takes the White House.

Democrats have accused Republicans of hypocrisy for being willing to move Trump's forthcoming nominee weeks before the election when they refused to move then-President Obama's final Supreme Court nominee, Merrick GarlandMerrick GarlandOvernight Defense: Biden officially rolls out Afghanistan withdrawal plan | Probe finds issues with DC Guard helicopter use during June protests Duckworth asks DOJ to probe 'brazenly violent' police treatment of National Guard officer Biden's court-packing theater could tame the Supreme Court's conservatives MORE, months before the 2016 election.

Republicans have argued, and Romney appeared to agree on Tuesday, that the difference between divided government between the Senate and White House in 2016 and unified control of the Senate and the White House in 2020 is a key distinction.

“My decision regarding a Supreme Court nomination is not the result of a subjective test of ‘fairness’ which, like beauty, is in the eye of the beholder. It is based on the immutable fairness of following the law, which in this case is the Constitution and precedent. The historical precedent of election year nominations is that the Senate generally does not confirm an opposing party’s nominee but does confirm a nominee of its own," Romney said in his statement.

Senate Minority Leader Charles SchumerChuck SchumerHolder, Yates lead letter backing Biden pick for Civil Rights Division at DOJ Capitol Police officer killed in car attack lies in honor in Capitol Rotunda Rep. Andy Kim on Asian hate: 'I've never felt this level of fear' MORE (D-N.Y.) ripped into Republicans and Trump from the Senate on floor on Tuesday, arguing that they were violating the “McConnell rule,” after refusing to give Garland a hearing or a vote.

"Leader McConnell has defiled the Senate like no one in this generation, and Leader McConnell may very well destroy it,” Schumer said. 

Updated at 10:56 a.m.