WASHINGTON, D.C. (WNAX) – South Dakota Senator John Thune says depending on the timing, he would support filling an opening on the U.S. Supreme Court.

In late 2016, the Senate did not take up the nomination of Merrick Garland to the Court by President Obama. Thune says the election situation was different then.

Thune says if an opening occurred after the election, that could change the circumstances.

87-year-old Justice Ruth Bader Ginsburg is undergoing treatment for a reoccurrence of pancreatic cancer. She has said she intends to stay on the court.