Cruz says Senate Republicans likely have votes to confirm Trump Supreme Court nominee

Sen. Ted CruzRafael (Ted) Edward CruzThe Hill's Morning Report - Presented by National Industries for the Blind - Schumer: Dem unity will happen eventually; Newsom prevails The Memo: Like the dress or not, Ocasio-Cortez is driving the conversation again Ocasio-Cortez defends attendance of Met Gala amid GOP uproar MORE (R-Texas) said on Sunday that Senate Republicans have the votes to confirm President TrumpDonald TrumpFormer Sen. Heller to run for Nevada governor Overnight Defense & National Security — Milley becomes lightning rod Joint Chiefs Chairman Milley becomes lightning rod on right MORE's Supreme Court nominee following the death of Justice Ruth Bader GinsburgRuth Bader GinsburgTo infinity and beyond: What will it take to create a diverse and representative judiciary? Justice Ginsburg's parting gift? Court's ruling on Texas law doesn't threaten Roe — but Democrats' overreaction might MORE, noting it was “particularly important” that the chamber do so before Election Day.

When asked by host George StephanopoulosGeorge Robert StephanopoulosSurgeon general: 'Our enemy is the virus. It is not one another' Christie: Biden's new vaccine mandate will 'harden opposition' GOP senator on Texas abortion law: Supreme Court will 'swat it away' when 'it comes to them in an appropriate manner' MORE on ABC's “This Week” if Republicans have the votes to confirm a new justice, Cruz said it was likely. He then pivoted toward Democratic presidential nominee Joe BidenJoe BidenOvernight Defense & National Security — Milley becomes lightning rod Democrats hope Biden can flip Manchin and Sinema On The Money — Presented by Wells Fargo — Democrats advance tax plan through hurdles MORE challenging the election results while staunchly avoiding the notion that Trump has said he would do so if results show he lost.

“I believe we will,” Cruz said of having the votes to confirm a Supreme Court nomination. “I think it is particularly important that the Senate take it up and confirm this nomination before the election because Joe Biden has been explicit. He has said if he doesn’t win, he’s going to challenge this election. He’s going to go to court, he’s going to challenge, he’s already hired a big legal team. Hillary ClintonHillary Diane Rodham ClintonPennsylvania GOP authorizes subpoenas in election probe We must mount an all-country response to help our Afghan allies Biden nominates ex-State Department official as Export-Import Bank leader MORE has told Joe Biden under no circumstances should you concede. Given that, there is a serious risk of a constitutional crisis if Joe Biden is bringing litigation like we had in Bush v. Gore.”

Biden has not explicitly said he would challenge the election results. Trump has repeatedly doubted the results of this year’s election should he lose, particularly rejecting the legitimacy of mail-in ballots states are turning to due to the coronavirus pandemic. 

“Senator, I have to stop you. As you know, it is President Trump who’s been the one talking about rigged elections. Joe Biden has not explicitly said he’s going to challenge the election,” Stephanopoulos said, acknowledging that all campaigns take on legal teams to analyze irregularities in election results.

Cruz said it is imperative that there be a full court on Election Day to avoid the chaos that followed the 2000 election, which the Supreme Court ultimately decided in a disputed recount of votes in Florida between George W. Bush and Al GoreAlbert (Al) Arnold GoreDon't 'misunderestimate' George W. Bush Why the pro-choice movement must go on the offensive A realistic response to the climate wake-up call MORE.

“An equally divided court can’t decide anything,” Cruz said. “That could make this presidential election drag on weeks and months and well into next year. That is an intolerable situation for the country. We need a full court on Election Day given the very high likelihood that we’re going to see litigation that goes to the court.”

Sen. Susan CollinsSusan Margaret CollinsWelcome to ground zero of climate chaos A tale of two chambers: Trump's power holds in House, wanes in Senate Bipartisan blip: Infrastructure deal is last of its kind without systemic change MORE (R-Maine) said in a statement after Ginsburg’s death that the Senate should not vote for her successor before the election.

Sen. Lisa Murkowksi (R-Alaska) also said shortly before Ginsburg’s death was reported that she would not vote to confirm a Supreme Court nominee before the election.