On September 26, 2020, President Donald Trump announced the nomination of Amy Coney Barrett to the position of Associate Justice of the Supreme Court of the United States to fill in the vacancy left by the death of Ruth Bader Ginsburg.

At the time of her nomination, Barrett was a Judge of the United States Court of Appeals for the Seventh Circuit in Chicago, Illinois.

[2] Democrats rebuked Republicans and accused them of hypocrisy, stating that they had violated their own interpretation of the Biden rule, which they set in 2016 when they refused to consider then-President Obama's nomination of Merrick Garland more than nine months before the end of his term.

Ginsburg was nominated to the Supreme Court by Bill Clinton on June 14, 1993, to fill the vacancy caused by the retirement of Byron White.

[9] Ginsburg's declining health and advanced age raised the prospect of another possible vacancy and subsequent nomination during a presidential election year.

Her death during a presidential election year left eight Supreme Court justices: three were nominated by Democratic presidents, and five by Republicans.

[10] Prior to her death, she dictated in a statement through her granddaughter Clara Spera that "[her] most fervent wish is that [she] will not be replaced until a new president is installed.

[12][note 2] The latest successful confirmation in an election year was when George Shiras Jr. was nominated by Republican president Benjamin Harrison on July 19, 1892.

[13] During his presidential candidacy in 2016, Trump released a list of jurists he would consider to fill a Supreme Court vacancy, including his first nominee, Neil Gorsuch.

Among the high-profile potential nominees from the list were Brett Kavanaugh, Amy Coney Barrett, Britt Grant, Amul Thapar and David Stras, who were all elevated to the courts of appeals by President Trump.

[16] On September 19, 2020, President Trump told supporters at a rally in Fayetteville, North Carolina, "I will be putting forth a nominee next week – it will be a woman".

[19] As of September 2020, President Trump's complete list of Supreme Court candidates contained 44 names, of whom 12 were women.

[20][21] On September 26, Trump announced his nomination of Amy Coney Barrett in a ceremony in the White House Rose Garden before an audience of top Washington officials, other dignitaries, and family members.

By contrast, Americans reelected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary.

Collins said, "In fairness to the American people ... the decision on a lifetime appointment to the Supreme Court should be made by the President who is elected on November 3rd.

"[37] Trump said that the Republican Party has an "obligation" to replace Ginsburg as soon as possible,[38] and that previous vacancies in an election year all resulted in a timely nomination by the incumbent.

[41][42] Massachusetts senator Ed Markey stated that, if McConnell violated the precedent set by the Garland nomination and held a confirmation vote, then Democrats should consider "expanding the Supreme Court";[43] the number of Justices has been set in law at nine since 1869, and since then only Franklin D. Roosevelt has made a serious attempt to increase the number of justices on the court (his "court-packing plan", intended to ensure that his New Deal economic reforms would be ruled constitutional).

"[49] Additional Democratic party senators who have said that they would not meet with her include Jeff Merkley, Bob Casey Jr., Richard Blumenthal, and Mazie Hirono.

Should a committee meet during a restricted time period without such permission, any action that it takes—such as ordering a bill or nomination reported to the Senate—is "null, void, and of no effect.

[45][note 4] Polls prior to Ginsburg's death highlighted the high interest in the nomination of the next Supreme Court justice.

[56] The same poll found that 67% of respondents believed that the Senate should hold confirmation hearings in 2020 for any vacancy, with little variation along party lines.

[57] Polls conducted by Siena on behalf of The New York Times in the Senate battlegrounds of Maine, North Carolina and Arizona and released on the day of Ginsburg's death indicated that voters prefer, 53% to 41%, that Biden must select the next justice.

A Morning Consult/Politico poll conducted from October 2–4 found 46% plurality support for confirming Judge Barrett as a Supreme Court Justice, with 31% opposed.

[69] Joe Manchin of West Virginia, the only Democrat to support Brett Kavanaugh's nomination in 2018, pledged to vote against Trump's nominee before the presidential election.

[86][87] Following the White House COVID-19 outbreak, there was speculation that Republicans Thom Tillis and Mike Lee could become unable to attend Senate sessions or committee meetings, having tested positive for COVID-19, and therefore could potentially jeopardize Mitch McConnell's plan for a swift confirmation.

We'll have two days of questioning, Tuesday and Wednesday, and on the 15th we'll begin to markup, we'll hold it over for a week, and we'll report her nomination out of the committee on October 22."

President Trump had been hospitalized with COVID-19 the previous evening, and three Republican senators had also been recently diagnosed: Thom Tillis, Mike Lee, and Ron Johnson.

She refused to answer, noting that there are ongoing cases related to abortion laws: "I can't pre-commit and say, 'yes, I'm going in with some agenda.'"

[108] The relevant wording of the rule is: "Seven Members of the Committee, actually present, shall constitute a quorum for the purpose of discussing business.