The fight continues between the White House and U.S. Senator John Cornyn (R-Texas) after the Texas Republican suggested this week that prospective Supreme Court nominees could become potential “piñatas”.

This is part of the ongoing battle between two parties on who should nominate a replacement for the vacancy left by the late Justice Antonin Scalia.

President Barack Obama says he plans to select a contender, but so far has yet to do so. Republicans, however argue that because it is an election year, the decision should be made by the next president and not President Obama.

Cornyn first addressed the vacancy on the supreme court bench on the senate floor on Monday. During his speech, the Senate Republican Whip said anyone nominated by President Obama “will bear some resemblance to a piñata.”

Cornyn’s comment didn’t sit well with many democrats.

White House Press Secretary Josh Earnest quickly fired back during a press briefing on Tuesday.

“Well given Senator Cornyn’s language, it sounds like he might spend a little too much time watching Donald Trump rallies,” Earnest said. “Senator Cornyn has now taken the next step and suggested without knowing who this nominee is, without considering what their record is, what their experience is, how qualified they are for the job, he’s suggesting that they will be subjected to bashing by Republicans.”

Cornyn defended his “piñata” comment on the senate floor later in the week, saying the comparison shows “that the confirmation process around here has gotten pretty tough.”

“My constituents back in Texas and I think, my sense is people at large don’t want this lame-duck president titling the ideological balance of the Supreme Court for a generation,” Cornyn said, “so he can have a court that would rubber stamp his executive overreach and his unconstitutional acts.”

The Texas Democratic Party said Cornyn is an embarrassing representation of the people of Texas.

“I think like all Texans, we have a frustration with a stagnation in Congress and folks not doing their job and not getting things done for Texas families,” Manny Garcia, Executive Director of the Texas Democratic Party said. “And here is another instance where our Senators would rather score political points than do their job.”

Garcia said Cornyn’s refusal to cooperate with the President is simply not fulfilling his constitutional obligation.

“The reality is that the President is constitutionally obligated to nominate someone to fill a vacancy on the Supreme Court,” Garcia said, “and if Congress would just go to work like every other Texas family who gets up and goes to work, we’d be a lot better for it.”

The Texas Republican Party chairman, Tom Mechler, released the following statement:

“We agree with Vice President Joe Biden, Minority Leader Harry Reid, Senator Chuck Schumer, and Senator Patrick Leahy, all Democrats, who have all said at one point in time that it is the duty of the U.S. Senate to give their advice and consent in order to fulfill an open seat on the Supreme Court of the United States, as opposed to just rubber stamping the Presidents’ nominee. We stand by Senator Cornyn and commend him for giving Texans a voice in the selection of the next Supreme Court Justice.”