The left has pounced on late Justice Ruth Bader Ginsburg’s “fervent wish” that her seat isn’t filled until after the election as though it’s law that must be followed. But what they seem to have forgotten is what she said in 2016 about filling a vacancy during an election year.
When the Republican-controlled Senate blocked former President Obama’s pick of Merrick Garland to fill the late Antonin Scalia’s seat, Ginsburg instructed them to proceed with reviewing the nomination.
“That’s their job,” she told The New York Times in an interview. “There’s nothing in the Constitution that says the president stops being president in his last year.”
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