North Carolina 4th District Congressman David Price is calling for the United States Senate to delay voting on a replacement for retiring Supreme Court Justice Anthony Kennedy until after this November’s elections.

Senate Majority Leader Republican Mitch McConnell led Republicans holding open the seat formerly held by Justice Antonin Scalia following his death during the final year of the administration of then-president Barack Obama. The move was decried by Democrats, including Price, as a case of obstruction of the Senate’s constitutional duty.

Price said in a statement on Wednesday that McConnell should now follow the precedent he set two years ago.

“In 2016, when President Obama nominated Merrick Garland to the Supreme Court 33 weeks before a national election, Mitch McConnell stated “The American people should have a voice in the selection of their next Supreme Court Justice.” Now, Justice Kennedy has retired a mere 19 weeks before a national election. As a House member, I do not have the right to vote on confirmations of Supreme Court Justices, but I believe the Senate should follow the precedent set by the Majority Leader and forgo a vote on a confirmation until after the midterm elections. To rush a Trump nominee to a vote would be totally inconsistent and hypocritical.”

When Garland was nominated by Obama, Price issued a statement applauding the choice.

“The President has fulfilled his constitutional duty,” Price said in March 2016, “and the Senate must now do the same.”

Democratic senate leadership has called on McConnell to also follow this precedent set in 2016 and hold off voting on any nominee until after this fall’s mid-term elections. Republicans currently hold a 51-49 majority in the senate.

McConnell has already said that the body will vote on the nominee submitted by President Donald Trump to replace Kennedy this fall.

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