The death of US Supreme Court Justice Antonin Scalia has left the top position vacant. This comes at a time when only a few months left in US President Barack Obama’s tenure.

Scalia’s death demands the appointment of a new justice. However, politicians are divided about the decision.

Read: US Supreme Court Justice Dies

Senate Majority Leader Mitch McConnell does not want Obama to find a replacement for Scalia. He believes the next US president should decide it. According to him, the American people should have a voice in the selection of their next Supreme Court Justice.

Senior Democratic officials privately told CNN that Obama’s nominee had little chance of winning confirmation. It is only possible if swing-state Republicans call for a confirmation vote.

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Wisconsin Senator Ron Johnson agrees with McConnell that the people of the country should decide the future. “I strongly agree that the American people should decide the future direction of the Supreme Court by their votes for president and the majority party in the U.S. Senate,” he said.

New Hampshire Senator Kelly Ayotte also believes the Senate should not confirm a Supreme Court nominee while Obama is the US president.

“We’re in the midst of a consequential presidential election year, and Americans deserve an opportunity to weigh in given the significant implications this nomination could have for the Supreme Court and our country for decades to come,” he said.

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Meanwhile, a number of major cases may be affected by Scalia’s absence.

United States vs. Texas

Over 4 million people, parents of US citizens, are allowed to work legally in the United States, according to an Obama program in November 2014. A panel of the US Court of Appeals for the 5th Circuit put the executive action on hold.

Whole Woman’s Health vs. Hellerstedt

The court is going to hear an abortion case in March that may ensure states’ responsibilities to regulate abortion without compromising the constitutional rights of a woman.

The Texas case will take notes from Planned Parenthood v. Casey in 1992 that advocated for states’ rights to regulate abortion procedures, the Washington Post reported.