11 important numbers to remember how the GOP stole Barack Obama’s Supreme Court appointment – Salon
Donald Trump has selected Federal Appeals Court Judge Neil Gorsuchto take a seat that constitutionally was President Barack Obamas to fill.
The Senate should have seated Obamas nominee, Judge Merrick Garland, and then turned to Trumps nominees as vacancies occurred. But that does not appear to be the political world America lives in, where Senate Republicans, led by Majority Leader Mitch McConnell, have stolen an open seat that would have tilted the courts balance away from a right-wing majority.
In their New York University Law Reviewarticle,The Garland Affair: What History and the Constitution Really Say About President Obamas Powers to Appoint A Replacement for Justice Scalia, Robin Bradley Kar and Jason Mazzone comprehensively review virtually every past Supreme Court nominations in our history and compile the data cited below.
There have been 103 prior cases in whichlike the case of President Obamas nomination of Judge Garlandan elected President has faced an actual vacancy on the Supreme Court and began an appointment process prior to the election of a successor, they write. In all 103 cases, the President was able to both nominate and appoint a replacement Justice.
Lets get down to some numbers that put Senate Republicans judicial coup in context.
293:Number of days Republicans stonewalled President Barack Obamas nomination of Merrick Garland to the Supreme Court before the Senate term expired.
103:Number of Supreme Court vacancies filled by elected presidents. Thats right, 103 in a row.
8:Vacancies filled during election year. Eighttimes in our history, Supreme Court vacancies occurred during an election year and the elected presidents nominees were approved.
6:Number of unelected presidential Supreme Court vacancy nominations denied.Supreme Court vacancies were denied when the sitting president was notelected: Vice President John Tylers nominations after death of President William Henry Harrison; VP Millard Fillmores nominations after the death of President Zachary Taylor; and VP Andrew Johnsons nominations after the assassination of Abraham Lincoln. President Obama was elected by the people, twice.
3:Lame-duck nominations denied.There were also three nominations made by sitting presidents post-election day, after the new president had been elected. John Quincy Adams tried after Andrew Jackson was elected; James Buchanan tried after Lincoln was elected; and President Hayes tried after James Garfield was elected. All were denied. President Obama made his nomination of Garland long before the election of Donald Trump.
84:Years since last election-year nomination. The last time there was a Supreme Court vacancy during an election year, President Hoovers nomination was approved.
9,498:Average days in the tenure of recent Supreme Court justices (since 1970).Thats right, since 1970, Supreme Court justices who have retired, had tenures averaging 26.1 years. So, this is a quarter-century: a big time decision.
1,461:The number of days Democrats should be willing to wait for the Senate to approve President Obamas rightful nomination of Merrick Garland to the Supreme Court.
1,151:Number of days Democrats will have to wait during Trumps term for Republicans to respect history and the right of every elected president to fill vacancies to the Supreme Court that occur during their term. Since Republicans have invented a new, first-time-ever, no-election-year approval precedent, Democrats will only be waiting 1,151 days
2:Number of balls and ovaries most Republicans have when it comes to something as important as the next Supreme Court vacancy. Precedent be dammed, they simply were not going to allow President Obama to appoint another Supreme Court judge that could shift the court. Period. Republicans have basically said to Democrats, when we are in charge, lets play by the rules, and when you are in charge, all is fair in love and war. Translation: our way or the highway.
Unknown: Democrat Senators with balls and ovaries.Senator Minority Leader Chuck Schumer suggested to MSNBCs Rachel Maddow, when asked about the stolen Supreme Court seat, there would be some opposition to Republican nominations, but nothing near the absolute resolve expressed by Republicans.
Will Elizabeth Warren, Bernie Sanders, Corey Booker, Al Franken and the Gang of 49 step up and start the fight for our country on the steps of the Supreme Court? Will they show the toughness that Americans respect from their leaders? (Voters care a lot more about conviction than facts and policy.) Will they say enough is enough?
The big picture: judicial coup
The Senate should approve Obamas rightful nominee, and respect 200 years of history and the last 103 nominations and the rightful balance of powers. When the next Supreme Court vacancy occurs, it becomes fair to approve one of your nominees. To be clear, Democrats arenot refusing to approve Republican Supreme Court vacancies, but they are now out of sequence and when they approve ours, we will approve theirs.
And waiting an extra 1,000 days, for a decision that will last 26 years, is not a problem. Well wait. The importance of this decision cannot be overstated.
Short of devastating Obamacare, climate legislation or World War III, this quite simply may be the biggest decision Democrats make during the Trump term. Republicans ignore history, put their boots on Democrats necks and stall a rightful nomination for 293 days, and then fully expect Democrats to bend over, start playing by the rules again and approve their nomination?
Two wrongs dont make a right, you say? You got it wrong. I am not suggesting Democrats refuse to approve a Trump nominee, when a Trump Supreme Court vacancy exists. I am simply saying, Republicans must fill the seat that is rightfully in the hands of President Obama, before that can happen. The only time in our history when an elected presidents nominations were denied, were when they were made after the new president was elected. Not relevant this time.
President Obamas pick still must be defended.
Yes, Democrats have rejected nominees.But when a nominee was rejected, the elected president always had time to make a second appointment, and the elected president always had one of his appointments approved103 times in a row. If Republicans dont like Merrick Garland, vote him down and President
Want to win back some Trump Democrats? Democratic senators can start by showing some gumption, some resolve, and some principles. History is on your side. Be tough and regain some respect in the heartland.
See the original post:
11 important numbers to remember how the GOP stole Barack Obama's Supreme Court appointment - Salon
- Democrats are searching for their next leader. But they still have Obama. - Politico - November 3rd, 2025 [November 3rd, 2025]
- She will do the right thing: Obama boosts Spanberger at Norfolk rally - Virginia Mercury - November 3rd, 2025 [November 3rd, 2025]
- Obama Calls Mamdani to Praise His Campaign and Offers to Be Sounding Board - The New York Times - November 3rd, 2025 [November 3rd, 2025]
- NJ Governors Race Draws Obama and Hannity but Not Trump in Final Days - The New York Times - November 3rd, 2025 [November 3rd, 2025]
- Obama campaigns for Sherrill, Spanberger on Saturday in home stretch of gubernatorial elections - CNN - November 3rd, 2025 [November 3rd, 2025]
- Obama calls Mamdani, offers help as 'sounding board' in the future: Sources - ABC News - November 3rd, 2025 [November 3rd, 2025]
- Obama looks to dial up Dem enthusiasm ahead of Tuesdays elections - The Hill - November 3rd, 2025 [November 3rd, 2025]
- Obama calls Mamdani, praises his campaign, offers to be sounding board if he wins - The Times of Israel - November 3rd, 2025 [November 3rd, 2025]
- Obama refuses to endorse radical NYC mayoral front-runner Mamdani even after publicly backing this previous mayor - New York Post - November 3rd, 2025 [November 3rd, 2025]
- Video Obama: 'Country and our politics are in a pretty dark place right now' - ABC News - November 3rd, 2025 [November 3rd, 2025]
- Obama criticizes the Trump administration while speaking in Virginia. - Brut - November 3rd, 2025 [November 3rd, 2025]
- Barack Obama led a rally for Mikie Sherrill's race for NJ governor. What he said - Bergen Record - November 3rd, 2025 [November 3rd, 2025]
- Obama calls Mamdani, praises his campaign, offers to serve as 'sounding board' if he wins NYC mayoral race - The Times of Israel - November 3rd, 2025 [November 3rd, 2025]
- Michelle Obama Shares How She Got Her Daughters on Board with Dressing Presidential: We Had a Deal (Exclusive) - People.com - November 3rd, 2025 [November 3rd, 2025]
- Obama: Mikie Sherrill and the Mission of America - Insider NJ - November 3rd, 2025 [November 3rd, 2025]
- Obama goes scorched earth on Trump while stumping for Sherrill: Dark place right now - New York Post - November 3rd, 2025 [November 3rd, 2025]
- Obama aids Democrats in campaign stops ahead of 2025 elections - The Washington Post - November 3rd, 2025 [November 3rd, 2025]
- Latest poll shows tight NJ governor race as Obama set to rally for Mikie Sherrill - USA Today - November 3rd, 2025 [November 3rd, 2025]
- Barack Obama Predicted Donald Trumps Dramatic White House Makeover in a 2011 Roast of the Future President - People.com - October 28th, 2025 [October 28th, 2025]
- The hypocrisy of Democrats on the government shutdown THEY created is UNDENIABLE and INDEFENSIBLE. WATCH former President Barack Obama lay it out. - X - October 28th, 2025 [October 28th, 2025]
- Where and when former President Obama will be in Norfolk - The Virginian-Pilot - October 28th, 2025 [October 28th, 2025]
- Obama to rally with Spanberger at Chartway Arena in support of her gubernatorial campaign - WTKR - October 28th, 2025 [October 28th, 2025]
- Fact Check: Did Obama spend $376 million to build a basketball court at the White House? - WION - October 28th, 2025 [October 28th, 2025]
- Did Barack Obama spend $376 million for the White House basketball court? Here's the truth | Hindustan Times - Hindustan Times - October 28th, 2025 [October 28th, 2025]
- Democrats spiral in Virginia as Obama is slammed for 'campaigning against black woman' - Daily Mail - October 28th, 2025 [October 28th, 2025]
- Ex-Obama Photographer Dogs Donald Trump With Beloved Image Of Now-Demolished East Wing - Yahoo News Singapore - October 28th, 2025 [October 28th, 2025]
- Critics suggest White House ballroom be renamed after Obama, or bulldozed when Trump leaves office - TheGrio - October 28th, 2025 [October 28th, 2025]
- Inside the Tense Moment Between the Queen & Obama Before Her Death: Will You - Yahoo - October 28th, 2025 [October 28th, 2025]
- Donald Trump's Third Term Plan Could Backfire And Bring Barack Obama Back to Power - International Business Times UK - October 28th, 2025 [October 28th, 2025]
- President Obama Preferred This Store-Bought Ingredient Over Homemade While Living In The White House - Tasting Table - October 28th, 2025 [October 28th, 2025]
- The workout routine that keeps Michelle Obama fit and powerful at 60 - Mundo Deportivo - October 28th, 2025 [October 28th, 2025]
- Inside the Tense Moment Between the Queen & Obama Before Her Death: Will You - StyleCaster - October 28th, 2025 [October 28th, 2025]
- All that glitters: Did Obama foretell Trumps glitzy White House makeover? - The New Daily - October 28th, 2025 [October 28th, 2025]
- Video If Obama had done this, Republicans would be losing their minds: Isgur on East Wing - ABC News - Breaking News, Latest News and Videos - October 26th, 2025 [October 26th, 2025]
- The 'All-American' Meal Bobby Flay Once Cooked Up For President Obama - The Takeout - October 26th, 2025 [October 26th, 2025]
- Michelle Obama Facing Backlash From Fans Over Her Controversial Stance On Dating Before College - Yahoo - October 26th, 2025 [October 26th, 2025]
- Image doesn't show White House after Obama 'wrecked' it to add basketball court - Snopes - October 26th, 2025 [October 26th, 2025]
- Ex-Obama aide: Is this the most politically insane thing Trump has ever done? - NJ.com - October 26th, 2025 [October 26th, 2025]
- [Watch] Anwar Rides In The Beast With Trump, Echoes Najibs 2014 Experience With Obama - TRP | The Rakyat Post - October 26th, 2025 [October 26th, 2025]
- Biden refused to speak with Obama for weeks before and after dropping out: book - New York Post - October 24th, 2025 [October 24th, 2025]
- Obama the 'campaign closer' for Democrats in top 2025 elections as party aims to rebound - Fox News - October 24th, 2025 [October 24th, 2025]
- Former Obama speechwriter finds common ground by riding the waves - CBS News - October 24th, 2025 [October 24th, 2025]
- Donald Trumps son defends White House demolition with below-the-belt attack on Michelle Obama: No one c - Times of India - October 24th, 2025 [October 24th, 2025]
- Don Jr. Defends Dads White House Teardown With Vile Attack on Michelle Obama - The Daily Beast - October 24th, 2025 [October 24th, 2025]
- Obama Calls Out Trump and Enablers Over System Abuse - Yahoo - October 24th, 2025 [October 24th, 2025]
- Former Obama fundraiser shares his thoughts on the state of the Democratic Party - Fox News - October 24th, 2025 [October 24th, 2025]
- How Much Did Obama Spend on White House Renovations? - Market Realist - October 24th, 2025 [October 24th, 2025]
- Joe Biden refused to speak with Obama for weeks before and after dropping out of presidential election - Irish Star - October 24th, 2025 [October 24th, 2025]
- Biden refused to speak with Obama for weeks before and after dropping out: book - AOL.com - October 24th, 2025 [October 24th, 2025]
- Former Obama fundraiser shares his thoughts on the state of the Democratic Party - Yahoo - October 24th, 2025 [October 24th, 2025]
- Former Obama speechwriter finds common ground by riding the waves - Yahoo - October 24th, 2025 [October 24th, 2025]
- How Obama maneuvered behind the scenes to fight Trump on redistricting - The Washington Post - October 23rd, 2025 [October 23rd, 2025]
- Obama leading Biden off stage by the hand 'really pissed me off,' Hunter Biden seethes - Fox News - October 23rd, 2025 [October 23rd, 2025]
- Obama will campaign with Sherrill in gov races closing stretch - New Jersey Globe - October 23rd, 2025 [October 23rd, 2025]
- With legacy on the line, Obama hitting campaign trail to boost Democrats in key governor elections - Fox News - October 23rd, 2025 [October 23rd, 2025]
- CA Gov. Newsom and Obama speaks on Prop 50 - LiveNOW from FOX - October 23rd, 2025 [October 23rd, 2025]
- Obama to Headline GOTV Rally with Sherrill in Newark - Insider NJ - October 23rd, 2025 [October 23rd, 2025]
- Barack Obama coming to N.J. to stump for Sherrill in hot governors race - Yahoo - October 23rd, 2025 [October 23rd, 2025]
- Hunter Biden Almost Cursed Out Obama Over This Kind Gesture - HuffPost - October 23rd, 2025 [October 23rd, 2025]
- Trump Makes This Outrageous Claim About Obama in His Wildest Rant Yet Then Takes it a Step Further - The Root - October 23rd, 2025 [October 23rd, 2025]
- How Obama maneuvered behind the scenes to fight Trump on redistricting - Red Lake Nation News - October 23rd, 2025 [October 23rd, 2025]
- Ex-Obama CIA Director John Brennan Referred to DOJ for Criminal Prosecution by House Judiciary Committee - Megyn Kelly The Devil May Care - October 23rd, 2025 [October 23rd, 2025]
- Barack Obama coming to N.J. to stump for Sherrill in hot governors race - NJ.com - October 23rd, 2025 [October 23rd, 2025]
- Obama Calls Out Trump and Enablers Over System Abuse - The Daily Beast - October 23rd, 2025 [October 23rd, 2025]
- Obama to rally with Dem candidates in final week of high-stakes races - Fox News - October 23rd, 2025 [October 23rd, 2025]
- Obama, Trump each lend support to Virginia candidates ahead of Election Day - The Virginian-Pilot - October 23rd, 2025 [October 23rd, 2025]
- Obama will campaign with Spanberger and Sherrill in high stakes governors races - AP News - October 23rd, 2025 [October 23rd, 2025]
- Musk, Obama, Trump: Here are the public submissions for Del Valles new high school name - KXAN Austin - October 23rd, 2025 [October 23rd, 2025]
- Obama Targets Hungary, Poland With Organizing Campaign - The Daily Signal - October 23rd, 2025 [October 23rd, 2025]
- With legacy on the line, Obama hitting campaign trail to boost Democrats in key governor elections - Yahoo - October 23rd, 2025 [October 23rd, 2025]
- OBAMA: VOTERS SHOULD CHOOSE WHO REPRESENTS THEM, NOT POLITICIANS A lot of us do not believe that politicians should choose their voters. We believe... - October 23rd, 2025 [October 23rd, 2025]
- Obama, surrogates flex their muscle in New Jersey, Virginia elections - Washington Times - October 23rd, 2025 [October 23rd, 2025]
- Obama to campaign with Spanberger in Virginia and more state headlines - CBS 19 News - October 23rd, 2025 [October 23rd, 2025]
- Obama to campaign with Spanberger in Norfolk Nov. 1 - Richmond Times-Dispatch - October 23rd, 2025 [October 23rd, 2025]
- When the Obama Presidential Center opens next year, it will be a hub for change a place for people from all over the world to come together, get... - October 21st, 2025 [October 21st, 2025]
- Amy Sherald on her portraiture, her subjects' gaze, and the impact of painting Michelle Obama's portrait - CBS News - October 21st, 2025 [October 21st, 2025]
- 'The View': Whoopi Is Shocked to Learn About Obama's Tan-Suitgate After Sunny Hostin Longs to Return to Those Days - TheWrap - October 21st, 2025 [October 21st, 2025]
- Obama endorses Mikie Sherrill in New Jersey governor's race in move to boost Democrats in key elections - CBS News - October 21st, 2025 [October 21st, 2025]
- Oscar-Winning Director Ben Proudfoot Talks Historical Significance Of The Eyes Of Ghana, Scoring Doc At Abbey Road Studios & Why Project Was A... - October 21st, 2025 [October 21st, 2025]
- Obama and Oprah Agree: This Is the Secret to Making Big Life Transitions - Inc.com - October 21st, 2025 [October 21st, 2025]