Republican Senator Ted Cruz says President Donald Trump needs to nominate a successor Supreme Court Justice Ruth Bader Ginsburg next week, and that the Senate should confirm that choice or the country risks a constitutional crisis.

“I believe that the president should, next week, nominate a successor to the court. I think it is critical that the Senate takes up and confirms that successor before Election Day,” Senator Cruz told Sean Hannity on Fox News.

“Democrats and Joe Biden have made clear they intend to challenge this election. They intend to fight the legitimacy of the election. As you you know Hillary Clinton has told Joe Biden ‘under no circumstances should you concede, you should challenge this election.’ and we cannot have election day come and go with a 4-4 court.”

Cruz continued, “A 4-4 court that is equally divided cannot decide anything. And I think we risk a constitutional crisis if we do not have a nine-justice Supreme Court, particularly when there is such a risk of … a contested election.”

Cruz then shared his experience litigating Bush vs. Gore case and how the country didn’t know for 37 days who the president-elect was. “I think we have the responsibility to do our job. The president should nominate a principled constitutionalist with a proven record and the Senate … should do our job and protect the country from the constitutional crisis that could result otherwise.”