High Drama over High Court

Big story...an epic political battle is brewing following the death of supreme court justice ruth bader ginsburg... and at the center of it...kentucky's mitch mcconnell...who must decide when to call on a vote in the senate of the president's soon- to-be announced nominee...before or after the election?

John lorinc has tonight's top story at five.

As mourners hold nationwide vigils for supreme court justice ruth bader ginsburg..... republicans plan for her successor.

President trump/no font needed "now it says the president is supposed to fill the seat right?

And that's what we're going to do we're going to fill the seat."

That could lead to a "supreme" fight.

Sen.

Chuck schumer/d-new york "she said 'my most fervent wish is that i will not be replaced by--until a new president is installed.'" senate majority leader mitch mcconnell is pressing for a vote.....but can likely only lose three g-o-p senators for the nomination to pass.

And.....there is an elephant in mcconnell's room.

Joe biden/d-presidential candidate "he created a new rule, the mcconnell rule.

Absolutely no hearing, no vote, for a nominee in an election year.

Period.

No caveats."

More than four years ago mcconnell led republicans who refused to have a hearing or vote on then-president barack obama's supreme court nominee merrick garland saying..... sen.

Mitch mcconnell/r-majority leader "this appointment should be made by the next president."

But the white house says this is a matter of apples-and- oranges.

Marc short/vp pence chief of staff "i reject the notion as hypocrisy.

As i've said historical precedent is when your party's in power, and consistently going back to george washington, the party has continued to confirm those nominees."

I'm john lorinc reporting.

Four republicans would have to break ranks to force a vote after the election...and two have already done so....susan collins of maine and lisa murkowski of alaska.

And, there is speculation mitt romney of utah and chuck grassley of iowa could follow suit.

Mitch