Legitimacy of Trump's nomination of Amy Coney Barrett?

in scotus •  4 years ago 

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"Democrats insist the winner of the election should be allowed to fill the seat."
-- NY Times

John Marshall, the most consequential of all Supreme Court Justices, was appointed to the High Court by John Adams and then confirmed by the Senate AFTER Adams lost his bid for re-election in 1800:

"Adams did not think of himself as a 'lame duck.' He saw no reason why he should cease to exercise the powers of the office just because he would soon no longer hold them."
-- https://www.whitehousehistory.org/the-midnight-appointments

No constitutional provision exists that limits the ability of the President to nominate judges through his or her last day in office, and no constitutional provision prevents the Senate from confirming judges close to an election or after an election.

There was nothing illegitimate about President Obama's nomination of Merrick Garland in the last year of his presidency, before the November election of Obama's successor. And there is nothing illegitimate about President Trump's nomination of Amy Coney Barrett in the last year of his four-year term, before the November election.

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Birthday wishes to Hillary Clinton, also known as the Hildabeast.

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https://steemit.com/hillary/@jesushchrist/guess-who-s-birthday-it-is-today