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
- Joined by Obama and Sherrill, Murphy raises more than $1.5 million for DNC - New Jersey Globe - July 12th, 2025 [July 12th, 2025]
- Larry David returns to TV with a heavy heart for Barack Obama-backed HBO sketch comedy - Los Angeles Times - July 12th, 2025 [July 12th, 2025]
- Obama is back on the fundraising circuit trying to help Democrats rebound for upcoming elections - The Independent - July 12th, 2025 [July 12th, 2025]
- Obama Steps Into the Ring to Deliver a Knockout Blow to Trump - The Daily Beast - July 12th, 2025 [July 12th, 2025]
- Obama, Backing New Larry David History Show, Avoids the Democratic Resistance to Trump - The New York Sun - July 12th, 2025 [July 12th, 2025]
- Pretty, pretty presidential: Everything to know about HBOs American history sketch comedy from Larry David and Barack Obama - Gold Derby - July 12th, 2025 [July 12th, 2025]
- Mamdani campaign dishes out millions to firm of key media strategist for Obama campaigns: 'She's the best' - Fox News - July 12th, 2025 [July 12th, 2025]
- Barack Obama and Larry David Are Working On a TV Series About US History - La Voce di New York - July 12th, 2025 [July 12th, 2025]
- Larry David Trolls Bill Maher With His New Barack Obama Partnership - Pajiba - July 12th, 2025 [July 12th, 2025]
- From Barack Obama to Emmanuel Macron, global leaders hit by AI and deepfakes - The Indian Express - July 10th, 2025 [July 10th, 2025]
- Heres what Trump and Obama laughed and talked about at Jimmy Carters funeral, new book reveals - New York Post - July 10th, 2025 [July 10th, 2025]
- Michelle Obama: I learned this great parenting tip from my mom and dadthey did a 'beautiful job' modeling it - CNBC - July 10th, 2025 [July 10th, 2025]
- Trump Asked Obama This Surprising Question at Jimmy Carter's Funeral, New Book Claims - People.com - July 10th, 2025 [July 10th, 2025]
- Michelle Obama frets young women are not allowed the unearned confidence young men have - Fox News - July 10th, 2025 [July 10th, 2025]
- Barack Obama To Speak At The O2 London, 3Arena Dublin - Pollstar News - July 10th, 2025 [July 10th, 2025]
- 'Telling the American story' Obama, Pence to speak at the Global Summit in Erie | Opinion - Erie Times-News - July 10th, 2025 [July 10th, 2025]
- Malia Obama Has the Bag Collection of My Dreams - Teen Vogue - July 10th, 2025 [July 10th, 2025]
- This is what President Trump asked Obama at Jimmy Carters funeral, new book claims - PennLive.com - July 10th, 2025 [July 10th, 2025]
- These 3 Words Help Teach Kids Critical Thinking, Say Michelle Obama (and Psychologists) - Inc.com - July 10th, 2025 [July 10th, 2025]
- Heres what smiling Trump, Obama really talked about at Carter funeral - SILive.com - July 10th, 2025 [July 10th, 2025]
- What Obama, Trump Discussed During Viral Interaction Finally Revealed - Newsradio WTAM 1100 - July 10th, 2025 [July 10th, 2025]
- Details About Trump & Obama's Exchange At Jimmy Carter's Funeral Revealed - Black Information Network - July 10th, 2025 [July 10th, 2025]
- Michelle Obama on confidence gender gap: Men have it, even when they havent earned it - Washington Examiner - July 10th, 2025 [July 10th, 2025]
- What Obama, Trump Discussed During Viral Interaction Finally Revealed - iHeart - July 10th, 2025 [July 10th, 2025]
- Obama directed intelligence communitys Trump-Russia witch hunt, CIA review reveals - BLiTZ - Fears None But God - July 10th, 2025 [July 10th, 2025]
- What Trump really said to Obama as they were spotted laughing at Jimmy Carter's funeral finally revealed - UNILAD - July 10th, 2025 [July 10th, 2025]
- Letter to the Editor: Deporter-in-Chief? Thats Obama, not Trump - courierherald.com - July 10th, 2025 [July 10th, 2025]
- 'Truth' behind Donald Trump and Barack Obama's friendly talk at Jimmy Carter's funeral as laughter stunned onlookers - The US Sun - July 10th, 2025 [July 10th, 2025]
- What Donald Trump Said To Barack Obama At Jimmy Carter's Funeral - The Blast - July 10th, 2025 [July 10th, 2025]
- We Finally Found Out What Trump And Obama Were Talking About At Jimmy Carter's Funeral - Yahoo - July 10th, 2025 [July 10th, 2025]
- America Doesn't Like Trump: Obama and Even JD Vance are More Popular - thedailypoliticususa.com - July 10th, 2025 [July 10th, 2025]
- Barack Obama heads to the UK for talks - voice-online.co.uk - July 8th, 2025 [July 8th, 2025]
- Michelle Obama had to fight back tears during podcast. Heres why - PennLive - July 8th, 2025 [July 8th, 2025]
- Barack Obama to lift the lid on life in office in two live appearances - The Independent - July 8th, 2025 [July 8th, 2025]
- FanDuel adds former Obama advisor and ex-NFL head to policy team - EGR North America - July 8th, 2025 [July 8th, 2025]
- Obama's scathing assessment of Biden's failed campaign revealed - Fox News - July 8th, 2025 [July 8th, 2025]
- An Evening With Barack Obama Heading To Arenas In London And Dublin In September - Stereoboard.com - July 8th, 2025 [July 8th, 2025]
- An Evening with President Barack Obama announced for London and Dublin - Mixtape Madness - July 8th, 2025 [July 8th, 2025]
- Former President Barack Obama to speak at Dublin event later this year - Hotpress - July 8th, 2025 [July 8th, 2025]
- Barack and Michelle Obama Say They're 'So Proud' of Daughter Malia on 27th Birthday: 'Keep Shining Bright, My Love' - People.com - July 6th, 2025 [July 6th, 2025]
- Steph Curry revealed what Barack Obama's golf game is like after playing with him and Jordan Spieth - The Golfing Gazette - July 6th, 2025 [July 6th, 2025]
- Barack and Michelle Obama Share Why They're "So Proud" of Malia on Her 27th Birthday - instyle.com - July 6th, 2025 [July 6th, 2025]
- Michelle Obama's new photo of Malia on her birthday leaves fans saying the same thing - hellomagazine.com - July 6th, 2025 [July 6th, 2025]
- Malia Obama celebrates her birthday on Fourth of July: Our favorite looks over the years - hola.com - July 6th, 2025 [July 6th, 2025]
- Your campaign is a mess: What incredulous Obama thought of Biden running again - Washington Examiner - July 6th, 2025 [July 6th, 2025]
- Malia Obama, Suri Cruise, Jennifer Garner, and more celebs wearing overalls - hola.com - July 6th, 2025 [July 6th, 2025]
- Bush, Obama and singer Bono fault Trumps gutting of USAID on agencys last day - Politico - July 4th, 2025 [July 4th, 2025]
- USAID officially closes, attracting condemnation from Obama and Bush - BBC - July 4th, 2025 [July 4th, 2025]
- Mamdani campaign hires former Obama, Clinton spokesperson who wished death on Trump - New York Post - July 4th, 2025 [July 4th, 2025]
- Bush, Obama and singer Bono fault Trumps gutting of USAID on agencys last day - AP News - July 4th, 2025 [July 4th, 2025]
- News - Mrs. Obama: Nation Must Step up Forever for Military Families - DVIDS - July 4th, 2025 [July 4th, 2025]
- News - Obama: Wont Accept Budget That Shortchanges Readiness - DVIDS - July 4th, 2025 [July 4th, 2025]
- Malia Obama shows off her summer abs on the way to the gym in Los Angeles - HOLA - July 4th, 2025 [July 4th, 2025]
- Readers respond: Obama deal would have avoided Trump bombing - OregonLive.com - July 4th, 2025 [July 4th, 2025]
- Rubio hails end of USAID as Bush, Obama deplore cost in lives - France 24 - July 4th, 2025 [July 4th, 2025]
- Obama, Bush and Bono bid a fond farewell to USAID - Daily Kos - July 4th, 2025 [July 4th, 2025]
- Fmr. Obama Treasury Sec. concerned Zohran Mamdani will ruin NYC if elected mayor - Fox News - July 4th, 2025 [July 4th, 2025]
- Comments - Obama and Bush Team Up To Shred Trump Over USAID - The Bulwark - July 4th, 2025 [July 4th, 2025]
- How Trump plays with new media says a lot about him as it did with FDR, Kennedy and Obama - The Conversation - July 4th, 2025 [July 4th, 2025]
- Obama Urges Americans to Pressure Reps to Reject Trump Megabill - The Rickey Smiley Morning Show - July 4th, 2025 [July 4th, 2025]
- Obama and Bush Unite in Rare Move Against Trump - The Daily Beast - July 2nd, 2025 [July 2nd, 2025]
- Bush, Obama and Bono Commend USAID Staff Members on Their Last Day - The New York Times - July 2nd, 2025 [July 2nd, 2025]
- Lucas: Obama and the Democrats paved the way for Irans nuclear program - Boston Herald - July 2nd, 2025 [July 2nd, 2025]
- Obama, Bush decry travesty of Trumps gutting of USAID on its last day - Al Jazeera - July 2nd, 2025 [July 2nd, 2025]
- Obama, Bush criticize Trump administration for gutting USAID - Washington Examiner - July 2nd, 2025 [July 2nd, 2025]
- 10 Years Later: Looking Back On a Week That Shaped Our Country - Barack Obama Medium - July 2nd, 2025 [July 2nd, 2025]
- Bush, Obama and Bono bid farewell to USAID as 14m more deaths forecast without it - The Independent - July 2nd, 2025 [July 2nd, 2025]
- Obama, Bush and Bono eulogize USAID on final day - The Week - July 2nd, 2025 [July 2nd, 2025]
- House Republicans call for investigation into Obama-appointed judge in Trump funding case - AOL.com - July 2nd, 2025 [July 2nd, 2025]
- Donald Trump's 'colossal mistake' BLASTED by Obama and Bush during surprise reunion that left Bono in tears - Daily Mail - July 2nd, 2025 [July 2nd, 2025]
- Physician Tina Shah, who served in Obama and Biden administrations, will challenge Kean in NJ-7 - New Jersey Globe - July 2nd, 2025 [July 2nd, 2025]
- Michelle Obama shares the three words her dying mother said that changed her outlook on life - TheGrio - July 2nd, 2025 [July 2nd, 2025]
- Michelle Obama's podcast puts her in limelight in new Trump era, but she's not coming to Democrats' rescue - Fox News - July 2nd, 2025 [July 2nd, 2025]
- Bush and Obama fault Trumps gutting of USAID on agencys last day - MSN - July 2nd, 2025 [July 2nd, 2025]
- Don Jr.: "Affirmative Action" is why Obama won Nobel, not Trump - CNN - June 29th, 2025 [June 29th, 2025]
- A former Obama speechwriter learned to surf with his Joe Rogan-loving brother-in-law. Heres what happened next. - Inquirer.com - June 29th, 2025 [June 29th, 2025]
- The key difference between Obama and Trump on immigration - Orange County Register - June 29th, 2025 [June 29th, 2025]
- Michelle Obama shares 4 words her mom said at the end of her life that stuck with her - NPR - June 29th, 2025 [June 29th, 2025]
- Michelle Obama Discusses Parental Pain After Malia Changes Her Last Name to Push Away From Her Parents - Yahoo - June 29th, 2025 [June 29th, 2025]
- Michelle Obama Emotionally Shares Impact of 3 Words from Her Dying Mother - MSN - June 29th, 2025 [June 29th, 2025]