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
- Barack Obama was the first American president to celebrate a seder in the White House, a tradition that started in Harrisburg - Inquirer.com - April 7th, 2026 [April 7th, 2026]
- Barack Obama's Easter message has Trump critics saying the same thing - Indy100 - April 7th, 2026 [April 7th, 2026]
- Obama Center museum tickets to go on sale later this month - thetriibe.com - April 7th, 2026 [April 7th, 2026]
- Love quote of the day by Michelle Obama: Our marriage has never been perfectly 50-50...' - The Times of India - April 7th, 2026 [April 7th, 2026]
- Barack Obama was the first American president to celebrate a seder in the White House, a tradition that started in Harrisburg - MSN - April 7th, 2026 [April 7th, 2026]
- Michelle O'Bombshell, a stand-up comedian and impersonator of former US First Lady Michelle Obama, has passed away. Link to full story in the comments... - April 7th, 2026 [April 7th, 2026]
- A favourite of Barack Obama, Priyanka Chopra and top global celebs: Inside the worlds most in-demand res - The Times of India - April 7th, 2026 [April 7th, 2026]
- Former Obama advisor: It remains to be seen whether the US military is willing to say "no" to Trump - Gazeta Express - April 7th, 2026 [April 7th, 2026]
- Whats Going On...With Obama Saying Aliens Are Real? - Modern Ghana - April 7th, 2026 [April 7th, 2026]
- Disaster: Trump unleashes on Obama over scrapped Iran deal as the war against Tehran escalates - NT News - April 7th, 2026 [April 7th, 2026]
- Heres How You Can Win a Free Ticket to the Opening of the Obama Presidential Center This June - Secret Chicago - April 5th, 2026 [April 5th, 2026]
- Former Giants kicker calls out Trump haters: The Obama administration did it too! - NJ.com - April 5th, 2026 [April 5th, 2026]
- Michelle Obama Wears A Tiny Cardigan On The 'IMO' Podcast & Talks Her 'New Phase Of Life' With Barack - Yahoo - April 5th, 2026 [April 5th, 2026]
- What Barack Obama Said About Giving Iran $1.7 Billion - newsweek.com - April 5th, 2026 [April 5th, 2026]
- Expo Chicago art fair returns with a refined floor plan and Obama Center ties - WBEZ Chicago - April 5th, 2026 [April 5th, 2026]
- Michelle Obama Whines to Steph Curry About How Hard Her Marriage to Barack Obama Is Again - Megyn Kelly The Devil May Care - April 5th, 2026 [April 5th, 2026]
- Former Obama advisor: Iran war could go in these three directions, but Trump won't leave NATO - Vox News Albania - April 5th, 2026 [April 5th, 2026]
- They Lied to You About the Obama Iran Deal. Here Is the Record. - Substack - April 5th, 2026 [April 5th, 2026]
- Trump unleashes on Obama's 'disaster' Iran nuclear deal, says he was 'honored' to rip it apart - Fox News - April 3rd, 2026 [April 3rd, 2026]
- Why are there no books in the Trump and Obama presidential libraries? - unherd.com - April 3rd, 2026 [April 3rd, 2026]
- Jamie Lee Curtis explains why she revealed the birth of her first grandchild on Michelle Obama's podcast - Entertainment Weekly - April 3rd, 2026 [April 3rd, 2026]
- Did Obama deport more people at the start of his second term than Trump did during his? - The Colorado Sun - April 3rd, 2026 [April 3rd, 2026]
- Chilli Sets the Record Straight on Trump Donations and Michelle Obama Conspiracy Post - bet.com - April 3rd, 2026 [April 3rd, 2026]
- Obama reveals the first top-secret question he wanted answered on becoming president - Yahoo - April 3rd, 2026 [April 3rd, 2026]
- It's not just about the funding: Obama chief of staff says where, how money is spent in education matters most - The Laconia Daily Sun - April 3rd, 2026 [April 3rd, 2026]
- Presidents Obama and Biden radically expanded the power of the executive branch. Funny, there were no protests then. Read my piece: dw.news/dx5o6joz -... - April 3rd, 2026 [April 3rd, 2026]
- David Harsanyi: Trump's Iran deal must be nothing like Obama's - UnionLeader.com - April 3rd, 2026 [April 3rd, 2026]
- Trump unleashes on Obama's 'disaster' Iran nuclear deal, says he was 'honored' to rip it apart - AOL.com - April 3rd, 2026 [April 3rd, 2026]
- Obama arrested? Is there any evidence supporting an Obama arrest over Russia Hoax claims? - Mint - April 3rd, 2026 [April 3rd, 2026]
- Louisiana bill proposes naming part of highway after former President Obama - WNTZ-TV FOX 48 - April 3rd, 2026 [April 3rd, 2026]
- Louisiana bill proposes naming part of highway after former President Obama - Yahoo - April 3rd, 2026 [April 3rd, 2026]
- Obama Judge Halts Trump Effort to End Parole for Hundreds of Thousands - The Daily Signal - April 3rd, 2026 [April 3rd, 2026]
- Quote of the day for kids by Michelle Obama: You can't make decisions based on fear and the possibility - The Times of India - April 3rd, 2026 [April 3rd, 2026]
- Obama arrested? Is there any evidence supporting an Obama arrest over Russia hoax claims? - msn.com - April 3rd, 2026 [April 3rd, 2026]
- Barack Obama among names to appear in BBC Queen Elizabeth II documentary - The Independent - March 30th, 2026 [March 30th, 2026]
- Barack Obama and Sir David Attenborough to appear in Queen Elizabeth II BBC documentary - The Independent - March 30th, 2026 [March 30th, 2026]
- What Gavin Newsom said about Obama, Biden, Harris, Clinton on "The Axios Show" - Axios - March 30th, 2026 [March 30th, 2026]
- Fact check: Could Barack Obama be arrested amid Trump's Russia hoax claims? Here's what we know | Hindustan Times - hindustantimes.com - March 30th, 2026 [March 30th, 2026]
- When Barack Obama pushed for Bill Russell to have a statue in Boston: "Children will look up to not only the player, but the man" - Yahoo... - March 30th, 2026 [March 30th, 2026]
- Obama-appointed judge reverses course, rules voter ID law isn't discriminatory in GOP win - Fox News - March 30th, 2026 [March 30th, 2026]
- US President Donald Trump claims former US president Barack Obama gave everything to Iran during his address at the NRCC Annual Fundraising Dinner. -... - March 30th, 2026 [March 30th, 2026]
- Crazy, Sexy... Is You Cool? TLC's Chilli Rebukes Rumored Red Hat Special, Says She Accidentally Reposted Michelle Obama Diss - Bossip - March 30th, 2026 [March 30th, 2026]
- Sasha Obama Has Had Quite The Beauty Evolution - women.com - March 30th, 2026 [March 30th, 2026]
- White Supremacist Podcaster Says He Now Prefers Obama Over Trump - The Daily Beast - March 30th, 2026 [March 30th, 2026]
- Trump says Barack Obama 'wasn't a smart man' and is 'overrated' as he brags about his own cognitive strength - TheGrio - March 30th, 2026 [March 30th, 2026]
- VOX POPULI: Remembering the hibakusha who embraced Obama in 2016 - - March 30th, 2026 [March 30th, 2026]
- Joe Rogan says that Hilary Clinton and Obama were tougher on border than Trump - The Independent - March 30th, 2026 [March 30th, 2026]
- Joe Rogan says that Hilary Clinton and Obama were tougher on border than Trump - Yahoo - March 30th, 2026 [March 30th, 2026]
- Trump Recalls Getting Roasted By Obama At 2011 White House Dinner: Every Joke Was About Me - HuffPost - March 30th, 2026 [March 30th, 2026]
- TLC member Chilli speaks out amid Michelle Obama controversy and MAGA allegations - The Express Tribune - March 30th, 2026 [March 30th, 2026]
- Obama awarded Carole King with Kennedy Center Honors - CNN - March 30th, 2026 [March 30th, 2026]
- Obama intel chief angered president at meeting by asking if he'd tolerate Iran having nuclear weapon - Fox News - March 30th, 2026 [March 30th, 2026]
- Trump makes another swipe at Obama and reveals the 'worst' president in history - UNILAD - March 30th, 2026 [March 30th, 2026]
- TLC's Chilli Says She's 'Not MAGA' Following Reported Trump Donations, Wild Obama Repost - HuffPost - March 30th, 2026 [March 30th, 2026]
- Iranian regime headed toward collapse, enter the Obama Republicans and other commentary - New York Post - March 30th, 2026 [March 30th, 2026]
- Today in History: March 20, Obama first U.S. president to visit Cuba in nearly 90 years - Daily Local - March 20th, 2026 [March 20th, 2026]
- From Bush to Obama to Trump, White House faith office persists at 25 years - Religion News Service - March 20th, 2026 [March 20th, 2026]
- Larry David on Obama and Lola Youngs return highlights of SXSW 2026 - The Times - March 20th, 2026 [March 20th, 2026]
- Celebrity Brackets: Where former President Barack Obama, Snoop Dogg have UConn in NCAA Tournament - CT Insider - March 20th, 2026 [March 20th, 2026]
- Thanks, Obama: We are all cash payers for healthcare now - Washington Examiner - March 20th, 2026 [March 20th, 2026]
- Do you have U of A winning the NCAA tournament? Barack Obama does - 12News - March 20th, 2026 [March 20th, 2026]
- Barack Obama Picks UConn to Win in 2026 March Madness Bracket Predictions - Just Women's Sports - March 20th, 2026 [March 20th, 2026]
- Donald Trump Posts Photo of Himself Being Added to Iconic Obama Painting - Newsweek - March 20th, 2026 [March 20th, 2026]
- Barack Obama Challenges Anthony Edwards On The Court To Promote Obama Presidential Center Opening - Black Enterprise - March 20th, 2026 [March 20th, 2026]
- Obama takes on NBA star Anthony Edwards at basketball, ping pong and Connect Four - AOL.com - March 20th, 2026 [March 20th, 2026]
- Maya Hawke Officially Starring In Netflix's New Series Adaptation Of Barack Obama-Approved Bestselling Crime Thriller Novel - Screen Rant - March 20th, 2026 [March 20th, 2026]
- Letters: Barack Obama spoke truth to ugly and corrupt power that is sadly overtaking morality - The Irish Independent - March 20th, 2026 [March 20th, 2026]
- People Cant Believe What Trump Has Done With White Houses Obama Portrait - Newsweek - March 18th, 2026 [March 18th, 2026]
- PIAA boys basketball championship preview: Father and son hope to help Obama Academy make history by winning first championship - Pittsburgh... - March 18th, 2026 [March 18th, 2026]
- Obama Reveals Truth Behind Cryptic Post That Sparked 2028 Run Speculation - Newsweek - March 18th, 2026 [March 18th, 2026]
- Anthony Edwards and Barack Obama renew their friendly rivalry ahead of Obama Presidential Center opening - TheGrio - March 18th, 2026 [March 18th, 2026]
- I Wargamed Iran for Obama. This Is the Worst-Case Scenario - Zeteo | Substack - March 18th, 2026 [March 18th, 2026]
- Opinion | What Democrats Should Relearn From Obama - The New York Times - March 18th, 2026 [March 18th, 2026]
- Sky News Australia. . US President Donald Trump says that scrapping the Iran nuclear deal signed under former president Barack Obama prevented a... - March 18th, 2026 [March 18th, 2026]
- Obama takes on NBA star Anthony Edwards at basketball, ping pong and Connect Four - The Independent - March 18th, 2026 [March 18th, 2026]
- Obama goes head-to-head with Anthony Edwards in trash-talking sports showdown - The Independent - March 18th, 2026 [March 18th, 2026]
- Beyond Obama: 10 Reasons for Attending the Reform Biennial - JNS - March 18th, 2026 [March 18th, 2026]
- Quote of the day by Barack Obama: Real test is not whether you avoid this failure, it's - Mint - March 18th, 2026 [March 18th, 2026]
- Rumors Swirled About Michelle Obama's Alleged Affair With A Comedian (Who Never Met Her) - thelist.com - March 18th, 2026 [March 18th, 2026]
- Barack Obama, Anthony Edwards battle in basketball, table tennis and it's wildly entertaining - Yahoo Sports - March 18th, 2026 [March 18th, 2026]