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
- Opinion | The Obama and Biden Years Made Allies Distrust the U.S. - WSJ - February 24th, 2026 [February 24th, 2026]
- Trump Shares Post Calling Michelle Obama 'Racist' 2 Weeks After His Account Reposted Video of First Lady as an Ape - People.com - February 24th, 2026 [February 24th, 2026]
- Barack Obama-Approved Bestselling Sci-Fi Novel Officially Getting New TV Adaptation From A24 - Screen Rant - February 24th, 2026 [February 24th, 2026]
- AI reveals who would win the US presidential election if Trump ran against Obama in 2028 - UNILAD - February 24th, 2026 [February 24th, 2026]
- Opinion | Will Trump Pull an Obama on Tuesday Night? - WSJ - February 24th, 2026 [February 24th, 2026]
- Accessibility at the Center - Obama Foundation - February 24th, 2026 [February 24th, 2026]
- People Are Pointing Out The Differences Between Donald Trump And Barack Obama As Presidents - BuzzFeed - February 24th, 2026 [February 24th, 2026]
- Trump picks a fight with Obama he cant win over aliens, classified disclosures - MS NOW - February 24th, 2026 [February 24th, 2026]
- Obama v. Trump addressing the opposition during their State of the Union. - Brut - February 24th, 2026 [February 24th, 2026]
- Ex-Sony CEO Calls The Interview His Biggest Career Mistake, Says Obama Asked Him What Were You Thinking? After Cyber Hack - The Hollywood Reporter - February 24th, 2026 [February 24th, 2026]
- Reproductive rights advocate to speak at Allen County Democrats' Obama Dinner - The Journal Gazette - February 24th, 2026 [February 24th, 2026]
- Opinion | Iran Wants Trump to Pull an Obama - WSJ - February 24th, 2026 [February 24th, 2026]
- Lincoln and Obama, linked by Illinois roots, shaped U.S. history 150 years apart - CBS News - February 24th, 2026 [February 24th, 2026]
- After Obama says they're real, Trump orders release of government files on UFOs - USA Today - February 24th, 2026 [February 24th, 2026]
- "Fire Her Or...": Trump Warns Netflix To Remove Ex-Obama Official From Board - NDTV - February 24th, 2026 [February 24th, 2026]
- In Context: What Obama said about aliens that sparked Trump to order file release - PolitiFact - February 24th, 2026 [February 24th, 2026]
- Trump shares right-wing conspiracy theorists post that calls Michelle Obama anti-white racist after he posted racist ape video - Yahoo - February 24th, 2026 [February 24th, 2026]
- Obama Interviewer Regrets Question That Sparked Trump Firestorm - The Daily Beast - February 24th, 2026 [February 24th, 2026]
- Trump: Obama gave classified information on aliens - Sky News - February 20th, 2026 [February 20th, 2026]
- Trump says Obama 'gave classified information' when ex-president said aliens 'are real' - Anadolu Ajans - February 20th, 2026 [February 20th, 2026]
- Trump accuses Obama of revealing classified information on aliens - The Hill - February 20th, 2026 [February 20th, 2026]
- Trump Says Obama Made a 'Big Mistake' by Addressing Whether or Not Aliens Exist - People.com - February 20th, 2026 [February 20th, 2026]
- How Jesse Jackson paved way for Barack Obama - and helped change US - BBC - February 20th, 2026 [February 20th, 2026]
- Our Statement on the Passing of Reverend Jesse Jackson - Barack Obama Medium - February 20th, 2026 [February 20th, 2026]
- Trump Says Obama Gave Classified Information in Comments on Aliens - Bloomberg - February 20th, 2026 [February 20th, 2026]
- Trump chastises Obama for spilling classified info with claim that aliens are real - New York Post - February 20th, 2026 [February 20th, 2026]
- Trump accuses Obama of revealing classified info on aliens - USA Today - February 20th, 2026 [February 20th, 2026]
- Level 2: Toward a More Perfect Union - Obama Foundation - February 20th, 2026 [February 20th, 2026]
- Barack Obama says aliens are real. This scientist agrees with him - BBC Sky at Night Magazine - February 20th, 2026 [February 20th, 2026]
- First Thing: Obama, Clinton and Biden lead tributes to Jesse Jackson, one of Americas greatest patriots - The Guardian - February 20th, 2026 [February 20th, 2026]
- Barack Obama Breaks His Silence on Donald Trump's Racist Video of Him and Wife Michelle as Apes - People.com - February 20th, 2026 [February 20th, 2026]
- Trump repeals Obama-era finding that greenhouse gases harm public health - New University - February 20th, 2026 [February 20th, 2026]
- People Are Pointing Out The Differences Between Donald Trump And Barack Obama As Presidents, After Obama's Response To That Racist Video - Yahoo News... - February 20th, 2026 [February 20th, 2026]
- Jesse Jackson: How he paved way for Barack Obama - and helped change US - BBC - February 18th, 2026 [February 18th, 2026]
- Obama Took On Recession, Health Care and Iraq. What He Didnt See Coming Was Trump. - The New York Times - February 18th, 2026 [February 18th, 2026]
- Obama, Trump and Biden lead tributes to Jesse Jackson: one of Americas greatest patriots - The Guardian - February 18th, 2026 [February 18th, 2026]
- Democrats struggles could be partly because theyre just too old, says Obama - Politico - February 18th, 2026 [February 18th, 2026]
- Complete Obama Presidency Oral History Archive Is Now Available - Columbia University in the City of New York - February 18th, 2026 [February 18th, 2026]
- Jesse Jackson was the living bridge between King and Obama - The Guardian - February 18th, 2026 [February 18th, 2026]
- Obama clarifies views on aliens after saying 'they're real' on podcast - BBC - February 18th, 2026 [February 18th, 2026]
- Obama clarifies alien comments after telling podcast theyre real - CNN - February 18th, 2026 [February 18th, 2026]
- Did Obama deport more people at the start of his second term than Trump did during his? - MinnPost - February 18th, 2026 [February 18th, 2026]
- Barack Obama clarifies he's seen 'no evidence' of aliens after saying they're real - NBC News - February 18th, 2026 [February 18th, 2026]
- Obama said aliens exist on a podcast then posted to clarify - CNN - February 18th, 2026 [February 18th, 2026]
- Aliens are real, Obama says, as Washington shrugs - The Washington Post - February 18th, 2026 [February 18th, 2026]
- Why did Obama say aliens are real? | The Latest - The Guardian - February 18th, 2026 [February 18th, 2026]
- How a struggling Democratic party can win the midterms, according to Obama - MassLive.com - February 18th, 2026 [February 18th, 2026]
- Atlanta Black-owned toy store to be featured in Obama Presidential Center - CBS News - February 18th, 2026 [February 18th, 2026]
- Trump praises the late Rev. Jackson as good man, claims he disliked Obama - New York Daily News - February 18th, 2026 [February 18th, 2026]
- JD Vance Takes Cheap Shot at Obama After Death of Civil Rights Icon - The Daily Beast - February 18th, 2026 [February 18th, 2026]
- Symone: There would be no Barack Obama without Jesse Jackson - MS NOW - February 18th, 2026 [February 18th, 2026]
- Barack Obama pays tribute to Jesse Jackson: He laid the foundation - TheGrio - February 18th, 2026 [February 18th, 2026]
- From the archives: Jesse Jackson reacts to Barack Obama's election win in 2008 - CBS News - February 18th, 2026 [February 18th, 2026]
- A 'clown' who wouldn't go away: Inside Obama's teams blind spot on Trump - The Killeen Daily Herald - February 18th, 2026 [February 18th, 2026]
- Obama shuts down alien buzz and says theres no evidence theyve made contact - AP News - February 18th, 2026 [February 18th, 2026]
- Sasha Obama Makes Rare Appearance With Parents Barack, Michelle Obama at NBA All-Star Game - E! News - February 18th, 2026 [February 18th, 2026]
- Despite Trump's claim Jesse Jackson 'could not stand' Obama, here's what he said about Trump before his death - TheGrio - February 18th, 2026 [February 18th, 2026]
- Conspiracy Theorists Think Obama Is Sending Secret Messages With Talk About Aliens - Gizmodo - February 18th, 2026 [February 18th, 2026]
- Trump pays powerful tribute to force of nature Rev. Jesse Jackson, takes swipe at Obama - New York Post - February 18th, 2026 [February 18th, 2026]
- The Obama Meme on Trumps Truth Social Was Exactly What It Looked Like - The Atlantic - February 7th, 2026 [February 7th, 2026]
- Trump ends Obama-era restrictions on commercial fishing in protected area off New England - PBS - February 7th, 2026 [February 7th, 2026]
- GOP breaks with Trump White House on Obama post as Tim Scott opens the floodgates - The Hill - February 7th, 2026 [February 7th, 2026]
- To his bones a racist: Hayes says Trump taking the mask off with Obama video - MS NOW - February 7th, 2026 [February 7th, 2026]
- Trump shared Obama ape video. Here's the dark history behind the imagery. - USA Today - February 7th, 2026 [February 7th, 2026]
- Trump breaks record for deportations of migrants without criminal backgrounds, but still hasnt surpassed Obama and Bidens total removals - EL PAS... - February 7th, 2026 [February 7th, 2026]
- Barack Obama & Michelle Obama may be taking the high road as usual, but Trump can't seem to say the word "sorry" after posting a vile... - February 7th, 2026 [February 7th, 2026]
- Vile: Racist Obama video posted by the White House removed after bipartisan backlash - MassLive.com - February 7th, 2026 [February 7th, 2026]
- White House Initially Downplayed Trump's Racist Obama Post Before Deleting It and Blaming Staffer - People.com - February 7th, 2026 [February 7th, 2026]
- Trump Is Still Posting About Arresting Obama and Prosecuting Election Workers - Mother Jones - February 1st, 2026 [February 1st, 2026]
- Trump, Iran, and the Ghosts of Bush and Obama - The Dispatch - February 1st, 2026 [February 1st, 2026]
- From Bill Gates to Elon Musk and ex-Obama Official: What the New Epstein Files Reveal - TheWire.in - February 1st, 2026 [February 1st, 2026]
- Clinton and Obama urge Americans to 'speak out' and take action after Minneapolis shootings - NBC News - February 1st, 2026 [February 1st, 2026]
- Barack Obama warns Trump's ICE operations are a threat to all Americans: 'Get off the sidelines' - TheGrio - February 1st, 2026 [February 1st, 2026]
- Obama: Whats Happening In Minnesota Threatens All Americans - BIN: Black Information Network - February 1st, 2026 [February 1st, 2026]
- Barack and Michelle Obama Team Up With Airbnb CEO Brian Chesky To Announce Scholarship Program For Aspiring Leaders - AfroTech - February 1st, 2026 [February 1st, 2026]
- Quote of the day by Barack Obama: We don't ask you to believe in our ability to bring change, rather - The Economic Times - February 1st, 2026 [February 1st, 2026]
- Michelle Obama, 62, Inspired Me, 27, to Shop the Retro Denim Trend That Kelly Clarkson, 43, Just Wore - People.com - February 1st, 2026 [February 1st, 2026]
- From Obama award to Minnesota op: Why Trump tapped Tom Homan for on-the-ground crackdown - Fox News - February 1st, 2026 [February 1st, 2026]
- Crump and Obama are the Top Black News Makers of the 21st Century - The Sacramento Observer - February 1st, 2026 [February 1st, 2026]
- The Breakfast Routine Barack Obama Maintained During His Run For The White House - Mashed - February 1st, 2026 [February 1st, 2026]