The death of Supreme Court Justice Ruth Bader Ginsburg is putting the Senate in unchartered political terrain. There’s no recent precedent for a confirmation vote so close to a presidential election. President Donald Trump on Saturday urged the Republican-run Senate to consider “without delay” his upcoming nomination, even with the Nov. 3 election nearing. Democratic presidential nominee Joe Biden said there is “no doubt” the winner of that election should choose Ginsburg’s replacement. Plans were being set in motion Saturday for a swift and highly unusual nomination and confirmation in the heart of campaign season. Senate Majority Leader Mitch McConnell, R-Ky., was moving ahead, vowing that Trump’s nominee “will receive a vote on the floor of the United States Senate.” Democrats say it’s “hypocrisy” after McConnell refused to consider then-President Barack Obama’s nominee, Judge Merrick Garland, months before the 2016 election. There’s significant risk and uncertainty ahead. Early voting is underway in some states in the races for the White House and control of Congress. A look at the confirmation process and what we know and don’t know about what’s to come: CAN THE SENATE FILL THE SEAT BEFORE THE ELECTION? Yes, but it would require a breakneck pace. Supreme Court nominations have taken around 70 days to move through the Senate, and the last, for Brett Kavanaugh, took longer. The election is 45 days away. Yet there are no set rules for how long the process should take once Trump announces his pick, which could come in a matter of days. Some nominations have moved more quickly. It will come down to politics and vote tallies. WHAT DOES IT TAKE TO CONFIRM A NOMINEE? Only a majority. Republicans control the Senate by a 53-47 margin, meaning they could lose up to three votes and still confirm a justice, if Vice President Mike Pence were to break a 50-50 tie. Supreme Court nominations used to need 60 votes for confirmation if any senator objected, but McConnell changed Senate rules in 2017 to allow the confirmation of justices with 51 votes. He did so as Democrats threatened to filibuster Trump’s first nominee, Justice Neil Gorsuch. HOW DOES THE CAMPAIGN FACTOR IN? Republicans are defending 25 of the 38 seats that are on the ballot this year, and many of their vulnerable members have been eager to end the fall session and return home to the campaign trail. The Senate is scheduled to recess in mid-October, though that schedule could change. Still, many of the most vulnerable senators may be hesitant to vote on a nominee before facing voters in November, and their views could ultimately determine the timeline for action. Others may want to campaign on their eventual vote. McConnell himself is among those up for reelection this year. By Saturday, several key GOP senators including Martha McSally in Arizona, Kelly Loeffler in Georgia and Thom Tillis in North Carolina had quickly linked themselves to Trump, calling for swift voting. Sen. Susan Collins of Maine took the opposite approach, objecting to a Senate vote before Nov. 3 saying “in fairness to the American people” the president who is elected should decide. All face stiff challenges in November. CAN THE SENATE FILL THE VACANCY AFTER THE ELECTION? Yes. Republicans could vote on Trump’s nominee in what’s known as the lame-duck session that […]

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