There's Precedent For Rejecting Lame Duck Supreme Court Nominees
Historically, many Supreme Court nominations made in a President’s final year in office are rejected by the Senate. That started with John Quincy Adams and last occurred to Lyndon B. Johnson.
It is critically important that the Senate hold pro forma sessions, since President Barack Obama would be able to make a recess appointment to the Supreme Court if the Senate goes out of session. Currently, there is a five-day recess this week and a two-week recess scheduled for April. There have been twelve such recess appointments to the high court. A recess appointment would last until the end of the Senate’s next session.
Historically, most presidents select a nominee within a week of a Supreme Court vacancy. However, there have been several lengthy vacancies when the Senate refused to play ball with controversial presidents or controversial nominees.
President John Tyler had a particularly difficult time filling vacancies. Smith Thompson died in office December 18, 1843. His replacement, Samuel Nelson, was in office starting February 14, 1845. That’s a vacancy of 424 days. Henry Baldwin died in office April 21, 1844. His replacement, Robert Cooper, was in office starting August 4, 1846. This vacancy lasted 835 days because Tyler could not get the Senate to work with him. During Tyler’s presidency, the Senate rejected nine separate Supreme Court nominations!
Historically, many Supreme Court nominations made in a President’s final year in office are rejected by the Senate. That started with John Quincy Adams and last occurred to Lyndon B. Johnson.
It is critically important that the Senate hold pro forma sessions, since President Barack Obama would be able to make a recess appointment to the Supreme Court if the Senate goes out of session. Currently, there is a five-day recess this week and a two-week recess scheduled for April. There have been twelve such recess appointments to the high court. A recess appointment would last until the end of the Senate’s next session.
Historically, most presidents select a nominee within a week of a Supreme Court vacancy. However, there have been several lengthy vacancies when the Senate refused to play ball with controversial presidents or controversial nominees.
President John Tyler had a particularly difficult time filling vacancies. Smith Thompson died in office December 18, 1843. His replacement, Samuel Nelson, was in office starting February 14, 1845. That’s a vacancy of 424 days. Henry Baldwin died in office April 21, 1844. His replacement, Robert Cooper, was in office starting August 4, 1846. This vacancy lasted 835 days because Tyler could not get the Senate to work with him. During Tyler’s presidency, the Senate rejected nine separate Supreme Court nominations!
Continue reading below…
Source: There’s Precedent For Rejecting Supreme Court Nominees
