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
- Michelle Obama says the U.S. is 'not ready' for a woman president - NBC News - November 18th, 2025 [November 18th, 2025]
- Michelle Obama shares her styling hacks that make her confident and allow her to do the work - Fortune - November 18th, 2025 [November 18th, 2025]
- UK Twitter hacker who breached Obama's account ordered to repay $5.4 million in Bitcoin - Reuters - November 18th, 2025 [November 18th, 2025]
- Alyssa Farah Griffin rejects Michelle Obama's claim U.S. isn't ready for female president on 'The View' - Fox News - November 18th, 2025 [November 18th, 2025]
- The Trump prosecutor probing former top Obama administration officials - The Washington Post - November 18th, 2025 [November 18th, 2025]
- Michelle Obama on the chances of a female president - CNN - November 18th, 2025 [November 18th, 2025]
- Michelle Obama Just Gave The Most Brutally Honest Answer For Why She Won't Run For President, And It's Pretty Depressing - Yahoo - November 18th, 2025 [November 18th, 2025]
- Former first lady Michelle Obama said the U.S. has a lot of growing up to do to be ready for a female president. Theres still, sadly, a lot of men who... - November 18th, 2025 [November 18th, 2025]
- Man behind Barack Obama and Jeff Bezos Twitter hacks to repay over $5 million in stolen bitcoin - theblock.co - November 18th, 2025 [November 18th, 2025]
- Michelle Obama Says Americans Are 'Lying' About Wanting Her to Be President: 'Don't Waste My Time' - People.com - November 18th, 2025 [November 18th, 2025]
- Michelle Obama Reveals the Bleak Reason Shed Never Run for President - The Daily Beast - November 18th, 2025 [November 18th, 2025]
- I accompanied my dad on honor flight. Thanks from Obama made it more memorable. | Letters - Milwaukee Journal Sentinel - November 18th, 2025 [November 18th, 2025]
- Michelle Obama Asked If US Is Ready To Have Woman President. Her Response - NDTV - November 18th, 2025 [November 18th, 2025]
- Youre lying youre not ready: Michelle Obama drops truth bomb when asked if US is ready for its firs - The Times of India - November 18th, 2025 [November 18th, 2025]
- Obama is 1st president to participate in an Honor Flight, which Miller started here in WNC - WLOS - November 18th, 2025 [November 18th, 2025]
- Obama and Biden's relationship has deteriorated, 'really bad' since election: ABC reporter - Yahoo - November 18th, 2025 [November 18th, 2025]
- Matt Walsh attacks Michelle Obama again after viral clip shows her speaking on Black women and hair press - The Times of India - November 18th, 2025 [November 18th, 2025]
- NEWS: Twitter hacker who breached Obama and Musk accounts forced to repay 4m - AML Intelligence - November 18th, 2025 [November 18th, 2025]
- Michelle Obama said what youre not ready to hear - The Baltimore Banner - November 18th, 2025 [November 18th, 2025]
- Obama doesnt receive royalties from Obamacare - Daily Herald - November 18th, 2025 [November 18th, 2025]
- Former First Lady Michelle Obama has been slammed after she claimed America is not ready to elect a female as president. - facebook.com - November 18th, 2025 [November 18th, 2025]
- Michelle Obama Rocks Double Denim in Throwback Shot Amid Release of Her Style Book - Yahoo - November 7th, 2025 [November 7th, 2025]
- Obama once urged Black men to back Harris then he, Democrats reversed race rhetoric legacy in 2025 - Fox News - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Suits up in Matthieu Blazys Debut Chanel Collection for Her The Look' Book Tour - WWD - November 7th, 2025 [November 7th, 2025]
- Michelle Obama on Being in Her 60s, Raising Daughters, and Growing Into Herself - Real Simple - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Tears Apart Trumps Renovation of the White House - Vanity Fair - November 7th, 2025 [November 7th, 2025]
- Michelle Obama on East Wing demolition: We always felt it was the peoples house - The Hill - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Is Applauded for Her Reaction to Trump's Demolition of the White House's East Wing - Yahoo - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Wears One of the Best Dresses of the Spring Collections - Vogue - November 7th, 2025 [November 7th, 2025]
- Obama celebrates Tuesday wins and tells progressives that voters are rejecting the Trump agenda - AP News - November 7th, 2025 [November 7th, 2025]
- Newly emboldened Obama pops up on Pod Save America live show for election victory lap - Washington Examiner - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Gets Real About Her New Book, The Look, At Sold-Out Brooklyn Event - essence.com - November 7th, 2025 [November 7th, 2025]
- Barack Obama Gives Crucial Advice To Democrats Following 2025 Election Wins - HuffPost - November 7th, 2025 [November 7th, 2025]
- Malia Obama Sneaks Into the 'Stranger Things' Premiere in an Edgy Cardigan - W Magazine - November 7th, 2025 [November 7th, 2025]
- '44 The Musical' Off-Broadway review staging the song-and-dance of Obama-era politics - New York Theatre Guide - November 7th, 2025 [November 7th, 2025]
- 44 The Musical: The Obama Years, Satirized with Four-Letter Words - New York Stage Review - November 7th, 2025 [November 7th, 2025]
- Obama Celebrates Big Democratic Wins, Says Voters are Paying Attention - TheWrap - November 7th, 2025 [November 7th, 2025]
- Review: Obama Musical 44 Is Big on Nostalgia but Light on Everything Else - TheaterMania - November 7th, 2025 [November 7th, 2025]
- 44: The Musical' Off Broadway Review: Obama Sings and Dances but He's Married to Oprah? - TheWrap - November 7th, 2025 [November 7th, 2025]
- Before Trump, Obama used the federal government to strong-arm private institutions and states - Washington Examiner - November 7th, 2025 [November 7th, 2025]
- Obama shows his star power still burns bright one year on from Harris disappointment - Washington Examiner - November 7th, 2025 [November 7th, 2025]
- Nancy Pelosi retires from legendary career as Obama hails 'one of the best speakers the House of Representatives has ever had' - Fortune - November 7th, 2025 [November 7th, 2025]
- Michelle Obama and Tracee Ellis Ross Are the Best-Dressed on the Book Tour Circuit - Marie Claire - November 7th, 2025 [November 7th, 2025]
- Trump vs Obama: new polls show who the public favours and Trump is not happy - Dagens.com - November 7th, 2025 [November 7th, 2025]
- Obama celebrates Tuesday wins and tells progressives that voters are rejecting the Trump agenda - WSLS - November 7th, 2025 [November 7th, 2025]
- There Is an Obama Musical (Really)And Biden Steals the Show - The Daily Beast - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Wore the Cool-Girl Jacket Theres No Escaping From in 2025and One Detail Makes It So Practical - instyle.com - November 7th, 2025 [November 7th, 2025]
- Michelle Obama Colourful in Loewe Promoting The Look - Red Carpet Fashion Awards - November 7th, 2025 [November 7th, 2025]
- The Rock finally reveals how he tweeted about Bin Laden's death 45 minutes before President Obama - LADbible - November 7th, 2025 [November 7th, 2025]
- Jenna Bush Hager Says These Words From Michelle Obama Made Her Cry - TODAY.com - November 7th, 2025 [November 7th, 2025]
- Spot-on zany political spoof of the Obama era in 44 - The Musical at Off-Broadways Daryl Roth Theatre - DC Theater Arts - November 7th, 2025 [November 7th, 2025]
- Democrats are searching for their next leader. But they still have Obama. - Politico - November 3rd, 2025 [November 3rd, 2025]
- She will do the right thing: Obama boosts Spanberger at Norfolk rally - Virginia Mercury - November 3rd, 2025 [November 3rd, 2025]
- Obama Calls Mamdani to Praise His Campaign and Offers to Be Sounding Board - The New York Times - November 3rd, 2025 [November 3rd, 2025]
- NJ Governors Race Draws Obama and Hannity but Not Trump in Final Days - The New York Times - November 3rd, 2025 [November 3rd, 2025]
- Obama campaigns for Sherrill, Spanberger on Saturday in home stretch of gubernatorial elections - CNN - November 3rd, 2025 [November 3rd, 2025]
- Obama calls Mamdani, offers help as 'sounding board' in the future: Sources - ABC News - November 3rd, 2025 [November 3rd, 2025]
- Obama looks to dial up Dem enthusiasm ahead of Tuesdays elections - The Hill - November 3rd, 2025 [November 3rd, 2025]
- Obama calls Mamdani, praises his campaign, offers to be sounding board if he wins - The Times of Israel - November 3rd, 2025 [November 3rd, 2025]
- Obama refuses to endorse radical NYC mayoral front-runner Mamdani even after publicly backing this previous mayor - New York Post - November 3rd, 2025 [November 3rd, 2025]
- Video Obama: 'Country and our politics are in a pretty dark place right now' - ABC News - November 3rd, 2025 [November 3rd, 2025]
- Obama criticizes the Trump administration while speaking in Virginia. - Brut - November 3rd, 2025 [November 3rd, 2025]
- Barack Obama led a rally for Mikie Sherrill's race for NJ governor. What he said - Bergen Record - November 3rd, 2025 [November 3rd, 2025]
- Obama calls Mamdani, praises his campaign, offers to serve as 'sounding board' if he wins NYC mayoral race - The Times of Israel - November 3rd, 2025 [November 3rd, 2025]
- Michelle Obama Shares How She Got Her Daughters on Board with Dressing Presidential: We Had a Deal (Exclusive) - People.com - November 3rd, 2025 [November 3rd, 2025]
- Obama: Mikie Sherrill and the Mission of America - Insider NJ - November 3rd, 2025 [November 3rd, 2025]
- Obama goes scorched earth on Trump while stumping for Sherrill: Dark place right now - New York Post - November 3rd, 2025 [November 3rd, 2025]
- Obama aids Democrats in campaign stops ahead of 2025 elections - The Washington Post - November 3rd, 2025 [November 3rd, 2025]
- Latest poll shows tight NJ governor race as Obama set to rally for Mikie Sherrill - USA Today - November 3rd, 2025 [November 3rd, 2025]
- Barack Obama Predicted Donald Trumps Dramatic White House Makeover in a 2011 Roast of the Future President - People.com - October 28th, 2025 [October 28th, 2025]
- The hypocrisy of Democrats on the government shutdown THEY created is UNDENIABLE and INDEFENSIBLE. WATCH former President Barack Obama lay it out. - X - October 28th, 2025 [October 28th, 2025]
- Where and when former President Obama will be in Norfolk - The Virginian-Pilot - October 28th, 2025 [October 28th, 2025]
- Obama to rally with Spanberger at Chartway Arena in support of her gubernatorial campaign - WTKR - October 28th, 2025 [October 28th, 2025]
- Fact Check: Did Obama spend $376 million to build a basketball court at the White House? - WION - October 28th, 2025 [October 28th, 2025]
- Did Barack Obama spend $376 million for the White House basketball court? Here's the truth | Hindustan Times - Hindustan Times - October 28th, 2025 [October 28th, 2025]
- Democrats spiral in Virginia as Obama is slammed for 'campaigning against black woman' - Daily Mail - October 28th, 2025 [October 28th, 2025]
- Ex-Obama Photographer Dogs Donald Trump With Beloved Image Of Now-Demolished East Wing - Yahoo News Singapore - October 28th, 2025 [October 28th, 2025]
- Critics suggest White House ballroom be renamed after Obama, or bulldozed when Trump leaves office - TheGrio - October 28th, 2025 [October 28th, 2025]
- Inside the Tense Moment Between the Queen & Obama Before Her Death: Will You - Yahoo - October 28th, 2025 [October 28th, 2025]
- Donald Trump's Third Term Plan Could Backfire And Bring Barack Obama Back to Power - International Business Times UK - October 28th, 2025 [October 28th, 2025]