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72
Biden says voters "don't deserve" to know if he plans on packing the SCOTUS. (streamable.com)
posted 4 years ago by Happily_Grim 4 years ago by Happily_Grim +72 / -0
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– WorldsBestestFluffer 26 points 4 years ago +26 / -0

"he's about to make a pick in the middle of the election. First time it's ever been done!"

Didn't I hear somewhere that supreme court appointments during an election year has been done 19 times?

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– AustereScholar 9 points 4 years ago +9 / -0

Yes. Not including nominations which were withdrawn, here's a list of all nominations that happened within presidential election years or after a presidential election had occurred but before the next president had taken office:

George Washington (I) nominated William Cushing for Chief Justice in 1796. The Washington-allied Senate confirmed him, but he declined to be elevated and continued as an Associate Justice.

George Washington (I) nominated Samuel Chase and Oliver Ellsworth in 1796. The Washington-allied Senate confirmed both.

John Adams (F) nominated John Jay in 1800 (after Adams had lost the 1800 election). The Federalist-controlled Senate confirmed him, but he declined to serve.

John Adams (F) nominated John Marshall in 1801 (after Adams had lost the 1800 election). The Federalist-controlled Senate confirmed him.

Thomas Jefferson (DR) nominated William Johnson in 1804. The Democratic-Republican-controlled Senate confirmed him.

John Quincy Adams (NR) nominated John J. Crittenden in 1828 (after Adams had lost the 1828 election). The Democrat-controlled Senate postponed the nomination.

Andrew Jackson (D) nominated John Catron and William Smith in 1837 (after the 1837 election in which Jackson wasn't a candidate, but his Vice President Martin Van Buren had won). The Democrat-controlled Senate confirmed both (but William Smith declined to serve).

Martin Van Buren (D) nominated Peter Vivian Daniel in 1841 (after Van Buren had lost the 1840 election). The Democrat-controlled Senate confirmed him.

John Tyler (I) nominated Edward King and Reuben Walworth in 1844. The Whig-controlled Senate postponed taking action on King's nomination and took no action on Walworth's nomination.

John Tyler (I) nominated Samuel Nelson and John M. Read in 1845 (after the 1844 election in which Tyler wasn't a candidate). The Whig-controlled Senate confirmed him Nelson, but took no action on Read's nomination.

Millard Fillmore (W) nominated Edward A. Bradford in 1852. The Democrat-controlled Senate took no action.

Millard Fillmore (W) nominated William C. Micou in 1853 (after the 1852 election in which Fillmore wasn't renominated by his party and which his party's candidate, Winfield Scott, lost). The Democrat-controlled Senate took no action.

James Buchanan (D) nominated Jeremiah S. Black in 1861 (after the 1860 election in which Buchanan didn't run for re-election). The Democrat-controlled Senate took no action.

Rutherford B. Hayes (R) nominated William Burnham Woods in 1880. The Democrat-controlled Senate confirmed him.

Rutherford B. Hayes (R) nominated Stanley Matthews in 1881 (after the 1880 election in which Hayes didn't run for re-election). The Democrat-controlled Senate took no action. Matthews was renominated by James A. Garfield (R) and confirmed by the new Republican-controlled Senate in May 1881.

Grover Cleveland (D) nominated Melville Fuller in 1888. The Republican-controlled Senate confirmed him.

Benjamin Harrison (R) nominated George Shiras in 1892 and Howell E. Jackson in 1893 (after Harrison had lost the 1892 election). The Republican-controlled Senate confirmed both.

William Howard Taft (R) nominated Mahlon Pitney in 1912. The Republican-controlled Senate confirmed him.

Woodrow Wilson (D) nominated Louis Brandeis and John Clarke in 1916. The Democrat-controlled Senate confirmed both.

Herbert Hoover (R) nominated Benjamin Cardozo in 1932. The Republican-controlled Senate confirmed him.

Franklin Roosevelt (D) nominated Frank Murphy in 1940. The Democrat-controlled Senate confirmed him.

Barack Obama (D) nominated Merrick Garland in 2016. The Republican-controlled Senate took no action.

Donald Trump (R) nominated Amy Coney Barrett in 2020. The Republican-controlled Senate is expected to confirm her.

So, 28 (29 counting Barrett) people have been nominated (and not withdrawn) in a presidential election year or post-election year before the president leaves office.

Of those 28, 19 were confirmed (16 when the Presidency and Senate were aligned, only 3 when they were not (Fuller in 1888, Woods in 1880 and Nelson in 1845)).

Of the 9 that weren't confirmed, 8 occurred when the Presidency and the Senate were opposed. Only 1 occurred when the Presidency and the Senate were aligned (Black in 1861).

Biden's claim is just more bullshit because he doesn't want to answer questions about court packing or his potential nominees. Not only have there been 28-29 nominations in an election year, there's been nominations after an election where the nominating President lost or wasn't running and there's been at least two nominations happen while people are actively voting (John Tyler nominated two candidates on the last day of voting in 1844, but both were withdrawn two months later).

Anyone saying that Republicans shouldn't confirm Barrett now because they refused to confirm Garland back in 2016 also doesn't have history on their side. The last time an opposed Senate confirmed a nominee in an election year was in 1888 and the last time an aligned Senate rejected a nominee in an election year was 1861.

It's just politicking since none of the Democrat activists or elected members would've been hesitant to confirm Garland had they also controlled the Senate during Obama's last year in office.

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