FLASHBACK: Here Is What Ginsburg Said About Selecting a New SCOTUS During an Election Year in 2016


Image credit to National Museum of American History. Image modified from original.

As soon as news of the Supreme Court Justice Ruth Bader Ginsburg’s passing was heard, the Democrats immediately started panicking and demanded that the Republicans should wait until after the 2020 election in November before voting for a new Supreme Court Justice.

But back in 2016, Supreme Court Justice Ginsburg herself had stated that a president has the power and right to select a Supreme Court Justice at any time during their four-year term.

Indeed, a president’s term is four years. His job does not stop just because the election is underway.


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According to the Daily Wire,

When the GOP-led Senate used its constitutional powers to block the nomination of Judge Merrick Garland in 2016, Justice Ruth Bader Ginsburg admitted that the president had the power to nominate a candidate for a Supreme Court vacancy any time during his four-year tenure and that the Senate had every right to confirm the nomination or not.

The vacancy Obama chose Garland to fill was created by the death of Justice Antonin Scalia in February 2016; President Barack Obama nominated Garland in mid-March.

In September of 2016, Ginsburg had spoken at Georgetown Law School and commented on the vacancy that Obama had filled.

Someone in the audience had asked her, “I was wondering if you thought there were any valid constitutional arguments that would prevent President Obama from filling Justice Scalia’s seat on the Supreme Court?”

She replied, “As you know, the president has the authority to name appointees to the Supreme Court, but he has to do so with the advice and consent of the Senate. And if the Senate does not act, as this current Senate is not acting, what can be done about it? Even if you could conceive of a testing lawsuit, what would the response be? ‘Well, you want us to vote? So we’ll vote no.’ But I do think that cooler heads will prevail; I hope sooner rather than later. The president is elected for four years not three years, so the powers that he has in year three continue into year four, and maybe some members of the Senate will wake up and appreciate that that’s how it should be.”

Despite what Ginsberg had said, the Democrats are trying to claim that President Trump must wait until after the election to select a new justice.

READ: The Left Threatens Extreme Violence If Ginsburg Is Replaced Before Election

I’m sure if the Democrats were in power, they would have elected a new justice as soon as they could.

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