Despite Republican claims that blocking a President’s Supreme Court
nomination in a presidential election year is common practice, it hasn’t happen
since at least 1900.
In that time, there
never has been a case of the president
failing to nominate and/or the Senate failing to confirm a nominee in a
presidential election year. Even Republican Ronald Reagan’s nomination was confirmed
by a Democratically-controlled Senate.
President William
Taft (a Republican) nominated Mahlon Pitney to succeed John Marshall Harlan. The
Republican-controlled Senate confirmed Pitney.
President Woodrow
Wilson (a Democrat) made two nominations during 1916: Louis Brandeis to
replace Joseph Rucker Lamar and John Clarke to replace Charles Evans Hughes. The
Democratic-controlled Senate confirmed both.
President Herbert
Hoover (a Republican) nominated Benjamin Cardozo to succeed Oliver Wendell
Holmes. A Republican-controlled Senate confirmed Cardozo.
President Franklin
Roosevelt (a Democrat) nominated Frank Murphy to replace Pierce Butler, who was
confirmed by a heavily Democratic Senate.
President Ronald
Reagan (a Republican) nominated Justice Anthony Kennedy to succeed Louis Powell.
A Democratic-controlled Senate confirmed Kennedy (who followed Robert Bork and
Douglas Ginsburg as nominees for that slot).
When Sherman Minton retired,
President Dwight D. Eisenhower (a Republican), with the Senate adjourned, made
a recess appointment of William J. Brennan. Brennan later was formally nominated to
the Court and confirmed in 1957.
When President Lyndon B. Johnson (a Democrat) nominated Abe Fortas,
Republican Senators filibustered, but there was no vacancy because Chief
Justice Earl Warren remained on the bench.
So there has never been a presidential election year nomination not
confirmed when there is a vacancy, as there is now.
Contrary to what some Republicans are saying.
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