It is a sad commentary on the state of our nation that a person who has served his country so honorably has his untimely death overlooked, in mere moments, in order to focus on the political implications of his demise. That said, he served his country with distinction, and it is with regret that we mark his passing. I can't say I ever cared much for Scalia’s judicial philosophies, at least as he revealed them from his decisions and commentary from the bench. Few such positions have come open during that time and when they have, presidents have pushed forward with nominees.Supreme Court Justice Antonin Scalia died last weekend in Marfa, Texas. Her following sentence, that this means there are "decades of bipartisan practice" of not filling seats, is more dubious. The time elapsed is actually 76 years, but Horn’s statement is otherwise accurate. New Hampshire Republican chairwoman Jennifer Horn said that "For more than eighty years, there has not been a nomination and confirmation of a Supreme Court Justice in a presidential election year." To say Obama would be breaking from practice by nominating a justice isn’t accurate. What’s more, it’s important to note that in each case in which a Supreme Court seat came open during an election year, the president at the time nominated a candidate for the seat. "Justices in the modern era rarely die in office." "Justices rarely leave active service in an election year, because they know, at least in the modern era of contentious confirmation battles, that their colleagues will be short staffed because of the unlikelihood of an election-year confirmation of a successor," Wheeler told us in February. Russell Wheeler of the Brookings Institution, a former deputy director of the Federal Judicial Center, said that was likely a matter of choice by the justices themselves. Roosevelt’s nomination of Murphy was 76 years ago.Īlso, there simply haven’t been many cases of seats on the court coming open during election years. First, it hasn’t been "more than 80 years" since a nomination and confirmation came in an election year. This thumbnail sketch of the last eight decades clarifies both Cruz’s and Horn’s statements. 3, 1988 - but President Reagan nominated him on Nov. President Lyndon Johnson attempted to select a justice during the presidential election year of 1968, but both of his picks were turned aside.Īnd most recently, the Senate confirmed Justice Anthony Kennedy on Feb.
CRUZ LAME DUCK PRESIDENT SUPREME COURT FULL
Brennan was confirmed by the full Senate the next year. In 1956, President Dwight Eisenhower put William Brennan on the court through a recess appointment. That’s 76 years ago, not "more than 80 years," as Horn said. 4, 1940, and the Senate approved him through a voice vote on Jan. That came during the election year of 1940, when President Franklin Roosevelt picked Frank Murphy for the court. When asked for background on Horn’s comment, state GOP spokesman Ross Berry pointed to Benjamin Cardoza, who was nominated to the court by President Herbert Hoover on Feb 15, 1932, and confirmed by the Senate on Feb 24. "Certainly not a norm or tradition by presidents refraining from nominating in a presidential election year or by senators refusing to consider such nominations." "This is entirely a matter of circumstance," Sarah Binder, a George Washington University political scientist, told us in February. Instead, it’s because it’s simply rare for this combination of circumstances to occur. There is a long tradition that you don't do this in an election year."Īs PolitiFact reported at the time, that’s largely true - but not because of "tradition" (Cruz’s words) or "bipartisan practice" (Horn’s words). There, he told host Chuck Todd that ""It has been 80 years since a Supreme Court vacancy was nominated and confirmed in an election year. It turns out that an almost identical statement was made by presidential candidate and Texas Sen. Senate found themselves in this situation. We were struck by Horn’s assertion that more than eight decades had passed since a president and U.S. This is simply not the time to break with decades of bipartisan practice." "For more than eighty years, there has not been a nomination and confirmation of a Supreme Court Justice in a presidential election year. "Republicans have repeatedly stated that the American people deserve a voice in the process of selecting the next Supreme Court Justice, and I wholeheartedly agree," Horn wrote. State Republican chairwoman Jennifer Horn echoed Ayotte’s sentiment and issued a statement criticizing Obama’s move. Senator Kelly Ayotte says the next president should select a justice instead. The ongoing partisan feud over President Obama’s Supreme Court nomination Merrick Garland made its way to New Hampshire, where U.S.
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