Cruz: Barrett should not recuse herself if confirmed

Republican Sen. Ted Cruz said that Amy Coney Barrett, President Donald Trump's nominee to the Supreme Court, should not recuse herself if the upcoming presidential election is contested and the case comes before the high court.

"The entire reason that the Senate should act, and should act promptly to confirm a ninth justice, is so that the Supreme Court can resolve any cases that arise in the wake of the election," Cruz said.

Cruz warned of a “crisis” if the eight-justice court is deadlocked over a contested presidential election.

With Republicans holding a 53-47 Senate majority, and just two GOP senators opposing a quick vote, Barrett appears to have enough support for confirmation. The White House formally submitted the nomination Tuesday.

Democrats are confronting the limits of their power as they fight against the nomination and some have said they won’t meet with Barrett, who is expected to be confirmed for the seat held by the late Justice Ruth Bader Ginsburg  by the end of October.

Ginsburg, who died Aug. 18 at the age of 87, was buried Tuesday  in a private service at Arlington National Cemetery, laid to rest beside her husband and near several former court colleagues.