By CBS3 Staff

PHILADELPHIA (CBS) — On Capitol Hill, a partisan battle is heating up over the replacement for Supreme Court Justice Ruth Bader Ginsburg. And here at home, a group rallied outside of Sen. Pat Toomey’s office in Old City.

The Republican senator has said he will vote on President Donald Trump’s Supreme Court nominee even though we’re just 39 days from the election.

Toomey refused to vote on then-President Barack Obama’s nominee in 2016.

On Friday, protesters used Toomey’s own words against him.

“This is what Toomey said on Feb. 15, 2016, after Justice Antonin Scalia passed away: ‘It is common for vacancies that arise in the Supreme Court to await the outcome of the next election,” one protester said.

President Trump says he will name a Supreme Court nominee Saturday. CBS News reports federal judge Amy Coney Barrett is expected to be Trump’s nominee.

Also on Friday, the group Pennsylvania Trump Victory held a press conference calling it a “constitutional duty” for the president to fill Ginsburg’s seat as soon as possible.