The Supreme Court has existed with its full complement of nine justices for close to 150 years, no matter who occupied the White House. Now some Republican lawmakers suggest they would be fine with just eight for four years more rather than have Hillary Clinton fill the vacancy.

The court has operated with eight justices for the past eight months as Republicans controlling the Senate have blocked confirmation hearings for President Barack Obama’s nominee Merrick Garland. Majority Leader Mitch McConnell, R-Ky., and his GOP colleagues have insisted that American voters should have a say, choosing the next president in Tuesday’s election. The 45th president — either Democrat Hillary Clinton or Republican Donald Trump — would fill the current vacancy created when Justice Antonin Scalia died in February.

But several Republicans have said if the voters elect Clinton, they’ll block her nominees, effectively abandoning their advice and consent role for her entire term.

“If Hillary Clinton becomes president, I am going to do everything I can do to make sure four years from now, we still got an opening on the Supreme Court,” North Carolina Sen. Richard Burr said in an audio recording of his meeting with GOP volunteers on Saturday. CNN obtained a copy of the audio.

https://www.pbs.org/newshour/politics/clinton-wins-gop-say-no-9-supreme-court