After the death of Associate Supreme Court Justice Antonin Scalia in February 2016, Cornyn said that anyone Obama nominated to replace him would have a difficult confirmation process and feel like a piñata. He also said that no serious candidate would accept a nomination knowing that they would not be confirmed. When Obama nominated Merrick Garland to replace Scalia, Cornyn said that even if the president has the constitutional authority to nominate someone, the Senate has full authority on how to proceed. Cornyn also said that the voice of the people should play a role, and that the "only way to empower the American people" was having the vacancy be filled by the winner of the upcoming presidential election, so no hearings on Garland should be held. The Senate did not vote on Garland's nomination, which expired after the November election of President Donald Trump. Trump nominated Neil Gorsuch to the seat, and Gorsuch was confirmed. In September 2020, Cornyn supported a vote on Trump's nominee to fill the Supreme Court vacancy caused by the death of Justice Ruth Bader Ginsburg. In March 2016, he took the position that the Senate should not consider Obama's Supreme Court nominee.