The reason the plan to fill Ginsburg’s seat was announced the same night as her death was never a mystery: The president explained several times over the last week that the new justice’s nomination and confirmation needed to happen in the same amount of time Barack Obama allowed the nation to mourn before even naming a replacement for Justice Antonin Scalia in 2016 because Trump needs her to weigh in on any election-related controversy on his behalf. As he put it to reporters on Monday: “We need nine justices,” he said. “You need that. With the unsolicited millions of ballots that they’re sending.” He explained that because of his (farcical, proofless) claim that mail-in ballots will be a source of rampant fraud, this ninth justice must be seated before an election challenge is mounted. That pronouncement came just prior to his claim that he could not commit to a peaceful transfer of power should he lose the election. Again: The reason a ninth justice is needed to be seated in advance of the election in which voting is already taking place is to decide whatever lawsuit is coming in his favor. Perhaps unsurprisingly, then, on Saturday Trump did not overtly ask Barrett to rule in his favor next month while detailing her biography on the White House lawn.
Trump has similarly announced on multiple occasions that he needs this vacant seat filled because Roe v. Wade cannot be allowed to stand and that any nominee of his would “automatically” overturn it. Indeed, several GOP senators are on the record saying they would refuse to vote for Judge Barrett unless she openly promises to do so.