President Donald Trump has nominated federal appeals judge Amy Coney Barrett to fill the vacancy left by Ruth Bader Ginsburg. The move to fill the seat before the November election has been widely rejected by Democrats, including Congresswoman Eleanor Holmes Norton who chairs the Congressional Black Caucus Judicial Nominations Task Force.

In a press release Friday, Norton and Congressional Black Caucus Chair Congresswoman Karen Bass (D-CA) spoke on behalf of their caucus urging the senate not to consider the nominee until after Inauguration in January.

“It is the epitome of hypocrisy for the President and Senate Republicans to consider a nominee less than a month and a half before the election when they left vacant for 10 months the seat that President Barack Obama, the nation’s first African American president, should have been allowed to fill. This was the longest vacancy on a nine-member Supreme Court in American history,” the statement said.

Senate Republicans have less than 40 days until the election to confirm Judge Barrett whose record as a constitutional originalist will fundamentally change the makeup of the high court, making defections by Chief Justice John Roberts a non-issue.

Judge Barrett’s interpretation of the Second Amendment appears to be one of the most expansive on gun rights among federal judges and out of the mainstream of American jurisprudence, and her standard applied to such cases could lead to striking down gun violence prevention policies like so-called red flag laws, assault weapon bans and the expansion of background checks.

As a judge, Barrett has not ruled directly in a case challenging abortion rights, but she has cast votes in opposition to rulings that have struck down abortion restrictions. Reproductive rights groups have come out against Barrett in fear that her appointment could help overturn Roe v. Wade.

“The only sound course so close to an election is for the Senate to postpone consideration of a nominee for this open seat until after the inauguration of the next president,” the release said. The Congresswomen cited ensuring voting rights for all American citizens as the primary focus of the caucus and a key reason to hold off on the nomination. “We must allow the people to decide this election before the Senate acts on any nominee, especially considering that voting in the election has already begun.”

Barrett was nominated to the 7th Circuit Federal Court of Appeals by Trump in 2017. Three democrats voted to accept her nomination including Virginia Senator Tim Kaine who has said he voted in favor of Barrett because “she had a distinguished record,” according to CNN. But Kaine added that he would not vote for a nominee of what he called an “illegitimate process.”