(CNN) Minnesota Sen. Al Franken said Friday that Senate Majority Leader Mitch McConnell would set a "dangerous precedent" if Senate Republicans deny holding confirmation hearings for President Barack Obama's Supreme Court nominee to replace the late Justice Antonin Scalia.
"That hasn't been the case in the past. That is unprecedented," Franken told CNN's Alisyn Camerota on "New Day."
"Since 1916, we started holding hearings in the Senate. This would set a dangerous precedent, saying the Senate gets to hold a date."
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The Minnesota Democrat went on to predict the absence of a ninth judge would lead to gridlock on the nation's highest court.
"It sets up a court that could have a lot of four-four ties. Business relies on the Supreme Court, and everyone relies on the court in the United States of America," Franken said.
On Tuesday, McConnell reiterated that the GOP-controlled Senate would not act on anyone the President nominates.
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"Presidents have a right to nominate just as the Senate has its constitutional right to provide or withhold consent," McConnell said on the Senate floor. "In this case, the Senate will withhold it."