Earlier this week, former House GOP Leader Tom DeLay told radio host Steve Malzberg that if Hillary Clinton is elected president, Senate Republicans should continue to obstruct the judicial nominating process and simply refuse to fill the vacancy on the Supreme Court.

DeLay, who has so far refused to endorse Donald Trump, tried to play down fears about the judicial nominations of a potential President Clinton by saying that if enough conservatives are elected to Congress, “it doesn’t matter who is president, the Senate can control” which judicial appointees get confirmed.

“There’s nothing in the Constitution that says you have to have nine justices,” he said. “We can go another four years with eight.”