Senate Democratic leader Chuck Schumer attempted to pass the resolution commemorating the life and legacy of Ginsburg by unanimous consent, but Cruz, R-Texas, opposed the measure citing language that her seat not be filled until the next president is inaugurated.
"Republicans came to us with this resolution, but ignored Justice Ginsburg's dying wish, what she called her most 'fervent wish' that she not be replaced until a new president is installed," said Schumer, citing a message relayed by Ginsburg's granddaughter following her death on Friday. "So we simply have added it to the exact same text of the resolution the Republicans gave us."
Cruz rejected the language in the resolution, accusing Schumer of attempting to turn the bipartisan resolution into a partisan measure.
"Under the Constitution, members of the judiciary do not appoint their own successors," said Cruz. "She led an extraordinary life. She was one of the finest Supreme Court litigators to have ever practiced. Justice Ginsburg understood full well that the position being put forth by the Democratic leader is not the law and is not the constitution."
He requested that Schumer remove the language and take up a resolution that includes Ginsburg saying she opposed increasing the number of justices beyond the nine currently serving.
"I believe Justice Ginsburg would easily see through the legal sophistry of the argument of the junior senator from Texas. To turn Justice Ginsburg's dying words against her is so, so beneath the dignity of this body," Schumer said in response.