Sen. Ted Cruz (R-Texas) argued on ABC's "This Week" Sunday that Republicans should vote on President Trump's nominee to fill Justice Ruth Bader Ginsburg's seat on the Supreme Court, calling it a "question of checks and balances."

The backdrop: Republicans stonewalled President Obama's nomination of Merrick Garland following Justice Antonin Scalia's death in 2016, claiming that voters should decide in the election who is appointed to the court. Cruz said the circumstances are different now because Republicans control the Senate and the White House, whereas Democrats were in the minority when former President Obama nominated Garland.

The state of play: Cruz claimed that the Senate has confirmed most presidents' nominees during an election year when it was controlled by members of the same party as the president.

  • "There's a reason for that. It's not just simply your party, my party," Cruz said.
  • "The reason is it's a question of checks and balances, and in order for a Supreme Court nomination to go forward, you have to have the president and the Senate."

What he's saying: "In this instance, the American people voted. They elected Donald Trump. A big part of the reason they elected Donald Trump is because of the Scalia vacancy, and they wanted principled constitutionalists on the court."

  • "And a big part of the reason why we have a Republican majority elected in 2014, re-elected in 2016, grown even larger in 2018, a major issue in each of those elections is the American people voted and said we want constitutionalist judges. So the president was elected to do this and the Senate was elected to confirm this nomination."

Go deeper

Updated 6 hours ago - Politics & Policy

Republicans and Dems react to Coney Barrett's Supreme Court confirmation

President Trump stands with Judge Amy Coney Barrett after she took the constitutional oath to serve as a Supreme Court justice during a White House ceremony Monday night .Photo: Tasos Katopodis/Getty Images)

President Trump said Judge Amy Coney Barrett's Senate confirmation to the Supreme Court and her subsequent taking of the constitutional oath Monday was a "momentous day," as she she vowed to serve "without any fear or favour."

Of note: As Republicans applauded the action, Democratic leaders warned of consequences to the rush to replace the late liberal Justice Ruth Bader Ginsburg with a conservative so close to the election, as progressives led calls to expand the court.

Schumer: Coney Barrett vote "one of the darkest days" in Senate history

Senate Minority Leader Chuck Schumer (D-N.Y.) said Monday "will go down as one of the darkest days" in Senate history, moments before the chamber voted 52-48 to confirm Judge Amy Coney Barrett to the Supreme Court.

The bottom line: Schumer said his Republican colleagues "decided to thwart the will of the people" by holding the vote eight days ahead of the presidential election, despite opposing President Obama's nominee because it was an election year.

14 hours ago - Politics & Policy

Senate confirms Amy Coney Barrett to the Supreme Court

Judge Amy Coney Barrett before a meeting on Capitol Hill on Oct. 21. Photo: Sarah Silbiger/pool/AFP via Getty Images

The Senate voted 52-48 on Monday to confirm Judge Amy Coney Barrett to the Supreme Court. She is expected to be sworn in within hours.

Why it matters: President Trump and Senate Republicans have succeeded in confirming a third conservative justice in just four years, tilting the balance of the Supreme Court firmly to the right for perhaps a generation.

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