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 | Obama makes an about-face on red and blue America - The Washington Post - September 15th, 2025 [September 15th, 2025]
- Artists including Jenny Holzer, Alison Saar and Kiki Smith creating commissions for Obama Presidential Center - The Art Newspaper - September 15th, 2025 [September 15th, 2025]
- T.J. Wilkins and Shanice Will Be Barack and Michelle Obama in New Musical 44 Off-Broadway - Playbill - September 15th, 2025 [September 15th, 2025]
- Why did the Queen's offer to 'pop out and pick up' Barack Obama spark a 'serious row' between Buckingham Palace and the Secret Service? - Daily Mail - September 15th, 2025 [September 15th, 2025]
- This Bavarian Hideaway Has Hosted Obama, Zadie Smith And A Guest List Of Icons Heres What Its Like - SUITCASE Magazine | - September 15th, 2025 [September 15th, 2025]
- SNL wins big for season 50 at the Creative Arts Emmys. Obama, Kimmel and Lamar also take trophies - The Philadelphia Sunday Sun - September 15th, 2025 [September 15th, 2025]
- The Obama Presidential Center Announces a Wave of New Commissions, and Other News - surfacemag.com - September 13th, 2025 [September 13th, 2025]
- Dr. Chris Burton of Union Presbyterian Seminary is announced as a 2025-2026 Obama Foundation Leader - Presbyterian Church (U.S.A.) - September 13th, 2025 [September 13th, 2025]
- Soccer Recap: Barack Obama School for Social Justice Starts Season with Defeat on the Road - MaxPreps.com - September 13th, 2025 [September 13th, 2025]
- Barack Obama Wins Third Emmy for Our Oceans at 2025 Creative Arts Emmys - Blex Media - September 11th, 2025 [September 11th, 2025]
- Barack Obama condemns 'despicable violence' in the shooting of Charlie Kirk - USA Today - September 11th, 2025 [September 11th, 2025]
- Meet the Democratic kingmakers who anoint the next Obama - MSNBC News - September 11th, 2025 [September 11th, 2025]
- IRS issues termination notice to top aide linked to Obama-era Tea Party targeting scandal - Fox News - September 11th, 2025 [September 11th, 2025]
- The Obama Foundation Introduces 2025-2026 Class of More Than 200 Global Leaders - Obama Foundation - September 11th, 2025 [September 11th, 2025]
- Grassley Slams Obama and Biden Administrations for Decade of Taxpayer-Funded Government Weaponization - Senate Committee on the Judiciary (.gov) - September 11th, 2025 [September 11th, 2025]
- Joe Biden, Barak Obama, Kamala Harris, Gavin Newsom and More Democrats React to the Death of Charlie Kirk - Latin Times - September 11th, 2025 [September 11th, 2025]
- From Bernie Sanders to Theo Von: These Democratic Kingmakers Will Anoint the Next Obama - Vanity Fair - September 11th, 2025 [September 11th, 2025]
- Biden and Obama react after the murder of Trump ally Charlie Kirk: This violence has no place in the US, we pray for his family - Gazeta Express - September 11th, 2025 [September 11th, 2025]
- Obama, Kamala Harris, other Democrats condemn the killing of Trump ally Charlie Kirk - Face2Face Africa - September 11th, 2025 [September 11th, 2025]
- Meet the Democratic kingmakers who anoint the next Obama - MSN - September 11th, 2025 [September 11th, 2025]
- 'SNL' wins big for season 50 at the Creative Arts Emmys. Obama, Kimmel and Lamar also take trophies - KOB.com - September 11th, 2025 [September 11th, 2025]
- Charlie Kirk, 31, dead after Utah shooting: Donald Trump, Barack Obama, Kamala Harris and more pay tribute - HELLO! Magazine - September 11th, 2025 [September 11th, 2025]
- SNL, Obama and Kendrick Lamar among winners at the Creative Arts Emmys - The Independent - September 11th, 2025 [September 11th, 2025]
- Obama center construction tab reaches $615M as opening nears - Chicago Tribune - September 9th, 2025 [September 9th, 2025]
- Barack Obama gets an Emmy: List of winners for the awards first round - The Mercury News - September 9th, 2025 [September 9th, 2025]
- In new book, former Obama speechwriter calls on Jews to stand proud for their values - Jewish Insider - September 9th, 2025 [September 9th, 2025]
- 'SNL' wins big for season 50 at the Creative Arts Emmys. Obama, Kimmel and Lamar also take trophies - AP News - September 9th, 2025 [September 9th, 2025]
- Barack Obama wins third Emmy for Netflix documentary Our Oceans at 2025 Creative Arts Emmys - Mint - September 9th, 2025 [September 9th, 2025]
- President Barack Obama Wins His Third Emmy - Deadline - September 9th, 2025 [September 9th, 2025]
- Barack Obama Scores His Third Emmy, Wins for Narrating Our Oceans at 2025 Creative Arts Emmys - People.com - September 9th, 2025 [September 9th, 2025]
- Kendrick Lamar, 2025 Grammys, Barack Obama Win on Night 2 of 2025 Creative Arts Emmys - Billboard - September 9th, 2025 [September 9th, 2025]
- "That's what I do" - When Barack Obama hit a 3-pointer while on the campaign trail for Joe Biden - Basketball Network - September 9th, 2025 [September 9th, 2025]
- SNL, Obama and Kendrick Lamar among winners at the Creative Arts Emmys - Yahoo News Canada - September 9th, 2025 [September 9th, 2025]
- Barack Obama Wins Third Emmy - V103 - September 9th, 2025 [September 9th, 2025]
- Obama Judge Who Blocked Planned Parenthood Defunding Takes Aim at Laken Riley Act - The Daily Signal - September 9th, 2025 [September 9th, 2025]
- 'SNL' wins big for season 50 at the Creative Arts Emmys. Obama, Kimmel and Lamar also take trophies - WSLS - September 9th, 2025 [September 9th, 2025]
- ICYMI: A Reagan Appointee Assesses Reagan, Obama, Biden, and Trump - TAPinto - September 9th, 2025 [September 9th, 2025]
- ESPN Acquires U.S. Rights To Feature Doc Origin: The Story Of The Basketball Africa League Starring Barack Obama & Steph Curry TIFF - Deadline - September 9th, 2025 [September 9th, 2025]
- 'SNL' wins big for season 50 at the Creative Arts Emmys. Obama, Kimmel and Lamar also take trophies - The Sun Chronicle - September 9th, 2025 [September 9th, 2025]
- 'SNL' wins big for season 50 at the Creative Arts Emmys. Obama, Kimmel and Lamar also take trophies - Toronto Star - September 9th, 2025 [September 9th, 2025]
- 'SNL' wins big for season 50 at the Creative Arts Emmys. Obama, Kimmel and Lamar also take trophies - Northeast Mississippi Daily Journal - September 9th, 2025 [September 9th, 2025]
- 'SNL' wins big for season 50 at the Creative Arts Emmys. Obama, Kimmel and Lamar also take trophies - yoursun.com - September 9th, 2025 [September 9th, 2025]
- Kendrick Lamar, Barack Obama and 'SNL 50' win at the Creative Arts Emmys - The Sun Chronicle - September 9th, 2025 [September 9th, 2025]
- St. Petersburgs Obama Main Library is reopening this month - TBNweekly - September 6th, 2025 [September 6th, 2025]
- Pritzker urged to avoid playing politics on crime issue by former Obama advisor - Fox News - September 6th, 2025 [September 6th, 2025]
- White House adds Trump photo to LinkedIn profile. It shows up on Obama's page - Axios - September 5th, 2025 [September 5th, 2025]
- Navy reverses demotion of Rep. Ronny Jackson, former White House doctor under Trump and Obama - CBS News - September 5th, 2025 [September 5th, 2025]
- Eighteen students selected as 2025-26 University of Chicago Obama Foundation Scholars - The University of Chicago - September 5th, 2025 [September 5th, 2025]
- Country music singer claims he was blacklisted from radio because of his thoughts on Obama - PennLive.com - September 5th, 2025 [September 5th, 2025]
- Trump White House Pulls Off Online Troll Of Ex-Employees. Even Obama. - HuffPost - September 5th, 2025 [September 5th, 2025]
- White House Childishly Trolls Obama on LinkedIn - The Daily Beast - September 5th, 2025 [September 5th, 2025]
- AMAC Action Mobilizes Thousands in Support of Reversing Harmful Obama-Era Home Care Rule - AMAC - September 5th, 2025 [September 5th, 2025]
- St. Petersburgs Obama Main Library is reopening this month - Tampa Bay Times - September 5th, 2025 [September 5th, 2025]
- PM Modi's 'car diplomacy': From Putin to Obama, when Indian PM rode in same car with world leaders - WION - September 3rd, 2025 [September 3rd, 2025]
- NYC woman busted for threatening to kill President Trump is quietly released by Obama-appointed judge - New York Post - September 3rd, 2025 [September 3rd, 2025]
- 'Proof we live in best timeline': Why is Trump's face showing up on Obama's LinkdIn profile? White House - The Times of India - September 3rd, 2025 [September 3rd, 2025]
- Obama Bro clashes with LA Dem over California housing crisis | RISING - The Hill - September 3rd, 2025 [September 3rd, 2025]
- Why did the Democratic Party lose so many Biden and Obama voters? - KALW - September 3rd, 2025 [September 3rd, 2025]
- Obama warns all Americans are at risk after Trump threatens to clamp down on Chicago - the-independent.com - September 1st, 2025 [September 1st, 2025]
- Queen Elizabeth Ordered Barack Obama to Go To Bed on His State Visit - The Daily Beast - September 1st, 2025 [September 1st, 2025]
- Trump furious over 7-4 tariff ruling, thanks Obama-appointed judge for saving the country - Mint - September 1st, 2025 [September 1st, 2025]
- Michelle Obama, 61, Convinced Me to Buy the Effortlessly Cool $20 Pants Taylor Swift Is Also a Fan Of - instyle.com - September 1st, 2025 [September 1st, 2025]
- 'Our country would be completely destroyed': Trump defends tariffs after US court setback; thanks Obama- - The Times of India - September 1st, 2025 [September 1st, 2025]
- Barack Obama Shares His 10 Favorite Summer Books Just in Time for Labor Day Weekend Reading - Town & Country Magazine - September 1st, 2025 [September 1st, 2025]
- Anthony Bourdain And Barack Obama Bonded Over Their Love Of This Vibrant Cuisine - Tasting Table - September 1st, 2025 [September 1st, 2025]
- Who deported more migrants? Obama or Trump? We checked the numbers - The Fulcrum - September 1st, 2025 [September 1st, 2025]
- Obama warns all Americans are at risk after Trump threatens to clamp down on Chicago - The Independent - August 29th, 2025 [August 29th, 2025]
- Obama calls Texas Dem as he continues rallying the party against Trump - Politico - August 29th, 2025 [August 29th, 2025]
- Barack Obama warns against Trumps militarization of American police and cities - TheGrio - August 29th, 2025 [August 29th, 2025]
- Barack Obama's Favorite Books of the Summer - Publishers Weekly - August 29th, 2025 [August 29th, 2025]
- Barack Obama Breaks From Annual Tradition With Everything Going On Right Now - HuffPost - August 29th, 2025 [August 29th, 2025]
- Barack Obama Shares His 10 Favorite Summer Books Just in Time for Labor Day Weekend Reading - AOL.com - August 29th, 2025 [August 29th, 2025]
- Obama forgoes this year's summer playlist because of "everything going on right now" - AV Club - August 29th, 2025 [August 29th, 2025]
- Obama Breaks Annual Summer Tradition Due To 'Everything Going On Right Now' - Black Information Network - August 29th, 2025 [August 29th, 2025]
- Michelle Obama recalls how Barack Obama proposed to her, old clip resurfaces online - Mint - August 29th, 2025 [August 29th, 2025]
- Barack Obama praises Yale grad's book in his summer reading list - Darien Times - August 29th, 2025 [August 29th, 2025]
- Obama Abandons Yearly Tradition With Everything Going On - yahoo.com - August 29th, 2025 [August 29th, 2025]
- Barack Obama Breaks From Annual Tradition 'With Everything Going On Right Now' - MSN - August 29th, 2025 [August 29th, 2025]
- The Obama Foundation and the Chicago Public Library to Launch New Exhibits Showcasing President Obamas 2025 Reading List - The Citizen Newspaper Group - August 29th, 2025 [August 29th, 2025]
- Obama Turns Up the Heat on Trump - The Daily Beast - August 29th, 2025 [August 29th, 2025]