Supreme Court Justices Nominated In Election Years
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Supreme court justices nominated in election years - I have previously written up the history mainly here and here of supreme court nominations in presidential election years or in lame duck sessions following a presidential election to summarize. In early 2016 conservative justice antonin scalia passed away suddenly and democratic president barack obama immediately nominated merrick garland to replace him. The supreme court of the united states is the highest ranking judicial body in the united states established by article iii of the constitution the court was organized by the 1st united states congress through the judiciary act of 1789 which specified its original and appellate jurisdiction created 13 judicial districts and fixed the size of the supreme court at six with one chief justice. Fact check no kamala abe lincoln did not refuse to nominate a supreme court justice in an election year by the western journal published october 9 2020 at 9 59am.
Our republican colleagues in the senate should follow the rule they set in 2016. Nominating and confirming a supreme court justice in a presidential election year particularly under divided government would be unprecedented in modern american history. Nearly 50 years passed before another supreme court seat opened up in an election year. The historical record does not reveal any instances since at least 1900 of the president.
In the election year 1804 incumbent president thomas jefferson nominated south carolina judge william johnson to the supreme court. Likewise associate justice philip barbour was nominated by. It has been 128 years since a supreme court justice was nominated and confirmed in a presidential election year while the president s opposing party controlled the senate. In the wake of the death of justice antonin scalia questions have arisen about whether there is a standard practice of not nominating and confirming supreme court justices during a presidential election year.
Presidents have nominated justices to the country s highest court in an election year but trump is the first to do so after voting has started.
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