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
- Quote of the day by Barack Obama: 'The best way to not feel hopeless is to get up and' - Times of India - January 4th, 2026 [January 4th, 2026]
- From the Obama Center to Google's Chicago HQ, here's what's happening architecturally in 2026 - WBEZ Chicago - January 4th, 2026 [January 4th, 2026]
- Crowds hail mayor Zohran Mamdani: Ive not felt like this since Obama - The Times - January 4th, 2026 [January 4th, 2026]
- From the Obama Center to Google's Chicago HQ, what's happening architecturally in 2026 - Chicago Sun-Times - January 4th, 2026 [January 4th, 2026]
- A bit of a Palaver from the novelist praised by Obama - The Times - January 4th, 2026 [January 4th, 2026]
- The real reason why Maya Rudolphs SNL skit with Barack Obama was yanked off air - New York Post - December 31st, 2025 [December 31st, 2025]
- An Atlanta toy store will be featured in the Obama Presidential Center opening next year - WABE - December 31st, 2025 [December 31st, 2025]
- Kumail Nanjiani responds to viral rumor of affair with Michelle Obama - Times of India - December 31st, 2025 [December 31st, 2025]
- Maya Rudolph reveals what Barack Obama told her after unaired SNL sketch: 'Still don't know what that means' - Entertainment Weekly - December 31st, 2025 [December 31st, 2025]
- Maya Rudolph Reveals Why SNL Pulled Her Infamous Barack Obama Sketch from the Show - People.com - December 31st, 2025 [December 31st, 2025]
- Hollywood Actor Responds to Report Alleging Affair With Michelle Obama - Inquisitr News - December 31st, 2025 [December 31st, 2025]
- Military Quote of the Day by President Barack Obama: 'I don't oppose all wars. What I am opposed to is...' - 19FortyFive - December 31st, 2025 [December 31st, 2025]
- Marvel Actor Addresses Bizarre Rumor Hes Michelle Obamas Lover - The Daily Beast - December 29th, 2025 [December 29th, 2025]
- Michelle Obama Gives the Sweetest Shoutout to Exceptional Stylist Meredith Koop - Harper's BAZAAR - December 29th, 2025 [December 29th, 2025]
- MAHA backers refuse to stop pushing for healthier food as Obama-appointed judge deals blow - Fox News - December 29th, 2025 [December 29th, 2025]
- Obama Reveals She Was Supposed To See The Reiners On Night Of Their Deaths - Atlanta Daily World - December 29th, 2025 [December 29th, 2025]
- Kumail Nanjiani puts to bed bizarre rumour of affair with Michelle Obama - The Independent - December 29th, 2025 [December 29th, 2025]
- Henry Winkler Blushes as Michelle Obama Calls The Fonz 'Sexy' in New Interview: That Jacket 'Did Something to Me' - People.com - December 29th, 2025 [December 29th, 2025]
- Michelle Obama just redefined Christmas dressing in a black lace dress - and honestly, were officially o - Times of India - December 29th, 2025 [December 29th, 2025]
- Here Are My Favorite Books, Movies, and Music of 2025 - Barack Obama Medium - December 21st, 2025 [December 21st, 2025]
- Trump erects White House plaques for divisive Barack Obama and Sleepy Joe Biden - The Telegraph - December 21st, 2025 [December 21st, 2025]
- Michelle Obama Reveals the Shocking Number of Christmas Cards She and Husband Barack Send Out Every Year - People.com - December 21st, 2025 [December 21st, 2025]
- Barack Obama Was Listening to Lady Gaga, Olivia Dean, and Rosala This Year, Too - Rolling Stone - December 21st, 2025 [December 21st, 2025]
- Opinion | Obama Supported It. The Left in Canada and Norway Does. Why Dont Democrats? - The New York Times - December 21st, 2025 [December 21st, 2025]
- Michelle Obama says she and husband 'were supposed to be seeing' Rob Reiner, Michele Singer on night they were killed - ABC News - December 21st, 2025 [December 21st, 2025]
- Obamas were supposed to see the Reiners the day they died, Michelle Obama says - CBS News - December 21st, 2025 [December 21st, 2025]
- Disparaging plaques for Biden, Obama appear in Trump's White House 'Walk of Fame' - France 24 - December 21st, 2025 [December 21st, 2025]
- Michelle Obama Goes Bold Once Again in a Daring Dress Featuring an Unexpected Leather and Lace Detail - instyle.com - December 21st, 2025 [December 21st, 2025]
- Michelle Obama on death of Rob Reiner, wife: We were supposed to be seeing them that night - thehill.com - December 21st, 2025 [December 21st, 2025]
- Barack Obama just dropped his 2025 'Best Of' list. The internet has thoughts. - Mashable - December 21st, 2025 [December 21st, 2025]
- Michelle Obama Gets Festive in a Sleeveless Top Made of Literal Tinsel and a Form-Fitting Textured Skirt - instyle.com - December 21st, 2025 [December 21st, 2025]
- Michelle Obama Says She and Barack Were Supposed to See Rob and Michele Reiner the Night They Were Found Dead, Shades Trumps Post: They Are Not... - December 21st, 2025 [December 21st, 2025]
- Consider this playlist Obama's 2025 Spotify Wrapped reveal - Yahoo Creators - December 21st, 2025 [December 21st, 2025]
- Michelle Obama Says She and Barack Were Supposed to See Rob and Michele Reiner on the Day They Died - People.com - December 21st, 2025 [December 21st, 2025]
- Michelle Obama Cant Stop Wearing Looks Straight From the Chanel Runway - harpersbazaar.com - December 21st, 2025 [December 21st, 2025]
- Obama Presidential Center: Artist Theaster Gates will create a monumental ode to Black beauty next year - CNN - December 21st, 2025 [December 21st, 2025]
- *This* Is How to Make an Herv Lger Bandage Dress Look 2026 (not 2008), According to Michelle Obama - Who What Wear - December 21st, 2025 [December 21st, 2025]
- Michelle Obama Continues Her Winning New-Chanel Streak - Vogue Arabia - December 21st, 2025 [December 21st, 2025]
- What Was Barack Obama Listening to in 2025? Former President Drops Annual List of Favorites - VICE - December 21st, 2025 [December 21st, 2025]
- Barack Obama shares his favourite reads of 2025 - The Bookseller - December 21st, 2025 [December 21st, 2025]
- Artist Theaster Gates Will Create a Monumental Ode to Black Beauty at The Obama Presidential Center - The San Diego Voice & Viewpoint - December 21st, 2025 [December 21st, 2025]
- Michelle Obama Says She and Barack Were Set to See Rob and Michele Reiner the Day They Died - bet.com - December 21st, 2025 [December 21st, 2025]
- Josh Shapiro dings Obama over infamous 'bitter' comments in 2008, saying he 'insulted' voters - Yahoo - December 7th, 2025 [December 7th, 2025]
- TRUMP SLAMS OBAMA DOJ OVER ROGER CLEMENS CASE: ROGER WAS FULLY ACQUITTED! In a fiery post, Trump reignited a long-standing grievance, accusing the... - December 7th, 2025 [December 7th, 2025]
- MAGA Mouthpiece Issues Bonkers Warning About Obama Batman - The Daily Beast - December 7th, 2025 [December 7th, 2025]
- 'Full circle for me': Audience members react to former President Barack Obama's visit to Bentonville - KHBS - December 5th, 2025 [December 5th, 2025]
- Is Trump Following the Obama Drone Strike Model? - National Review - December 5th, 2025 [December 5th, 2025]
- Obama center to open in June - Politico - December 5th, 2025 [December 5th, 2025]
- Obama: America is an eternally youthful and forward-looking nation - Talk Business & Politics - December 5th, 2025 [December 5th, 2025]
- 'Netflix may become the Obama News Network': MAGA activist Laura Loomer's warning on Warner Bros acquisit - Times of India - December 5th, 2025 [December 5th, 2025]
- SHAPIRO DINGS OBAMA OVER INFAMOUS BITTER COMMENTS IN 2008, SAYING HE INSULTED VOTERS - WCCS AM1160 & 101.1FM - December 5th, 2025 [December 5th, 2025]
- Michelle Obama Reveals Seven Unknown Facts About Katt Williams - The Root - December 5th, 2025 [December 5th, 2025]
- An Eternally Youthful Nation: President Obama speaks at Heartland Whole Health Institute - kark.com - December 5th, 2025 [December 5th, 2025]
- Turn the reins over: Barack Obama is ready for the next generation to lead - TheGrio - December 5th, 2025 [December 5th, 2025]
- Trumps Kill List, Brought To You By Obama And Cheney - The Lever - December 5th, 2025 [December 5th, 2025]
- Obama talks people, politics and hope in Bentonville visit - uatrav.com - December 5th, 2025 [December 5th, 2025]
- Obama Presidential Center will open in Chicago in June, former president says - CBS News - December 5th, 2025 [December 5th, 2025]
- Michelle Obama Rocks Plunging Patterned Blazer With Daring Leggings and Black Thigh-High Boots - instyle.com - December 5th, 2025 [December 5th, 2025]
- Michelle Obama Had the Girls Gagged at The Boy Is Mine Tour - bet.com - December 5th, 2025 [December 5th, 2025]
- "Get out of the way": Obama calls on "old folks" in power to trust young activists, lawmakers - Salon.com - December 5th, 2025 [December 5th, 2025]
- Michelle Obama praises The Boy Is Mine Tour: Yall make me proud to be a Black woman - TheGrio - December 5th, 2025 [December 5th, 2025]
- Fugees Pras Michl sentenced to 14 years over illegal Obama donations - The Washington Post - November 24th, 2025 [November 24th, 2025]
- Obama wanted shutdown pain to be felt by Americans, while Trump kept focus on Washington, experts argue - Fox News - November 24th, 2025 [November 24th, 2025]
- Kris Jenner, 70, Cosigned the Practical Cool-Girl Pants Michelle Obama, 61, Has Been Wearing for Years - instyle.com - November 24th, 2025 [November 24th, 2025]
- Fugees rapper Pras Michel sentenced to 14 years in prison over illegal donations to Obama campaign - The Boston Globe - November 24th, 2025 [November 24th, 2025]
- Obama Leaders honor the people and places who shaped their journey - Obama Foundation - November 24th, 2025 [November 24th, 2025]
- Fugees rapper sentenced to 14 years in prison over illegal Obama donations - Al Jazeera - November 24th, 2025 [November 24th, 2025]
- How a St. Thomas Education Major Earned an Obama-Chesky Scholarship - Newsroom | University of St. Thomas - November 24th, 2025 [November 24th, 2025]
- Michelle Obama Is Wrong: Women Can Win. - NOTUS News of the United States - November 24th, 2025 [November 24th, 2025]
- Michelle Obama Pairs Her Plunging Crop Top With Butt-Grazing Braids in Powerful Photoshoot - instyle.com - November 24th, 2025 [November 24th, 2025]
- Trump and Republicans once more face a tough political fight over Obama-era health law - AP News - November 24th, 2025 [November 24th, 2025]
- Michelle Obama Calls out White People For Telling Black Women How To Wear Their Hair - The Root - November 24th, 2025 [November 24th, 2025]
- Michelle Obama's Colorblock Sweater and Skirt Set Has the Most Surprising Winter Pattern - instyle.com - November 24th, 2025 [November 24th, 2025]
- Michelle Obama Revealed The Blunt Reason Why She Won't Run For President - thelist.com - November 24th, 2025 [November 24th, 2025]
- President Obama: The Economy of the Future - MSN - November 24th, 2025 [November 24th, 2025]
- How millions of dollars in donations to Obama campaign landed Fugees rapper in jail - The Telegraph - November 24th, 2025 [November 24th, 2025]
- Fugees rapper Pras Michel sentenced to 14 years in prison for illegal donations to Obama campaign - The Haitian Times - November 24th, 2025 [November 24th, 2025]
- Why didn't Barack and Michelle Obama attend Dick Cheney's funeral? Here's the reason - The Economic Times - November 24th, 2025 [November 24th, 2025]
- Missteps with Obama Presidential Center shouldn't be the norm - Chicago Sun-Times - November 24th, 2025 [November 24th, 2025]
- Michelle Obama says the U.S. is 'not ready' for a woman president - NBC News - November 18th, 2025 [November 18th, 2025]