- Nov 16, 2004
- 67,307
- 86,215
- 113
Since 1900, only one lame duck president has nominated someone for Associate Justice. In 1968, Earl Warren announced his retirement so LBJ, who already said he was not running in shame, nominated already on the Supreme Court Associate Justice Fortas to take his place. He then nominated Homer Thornberry to take Fortas spot as Associate Justice. Fortas had serious ethics questions for which he later resigned from the Court. Fortas' bump up was opposed by Democrats, 12 of whom did not show up for the cloture vote. He was a Democratic nominee shot down by Democrats. Thornberry's vote became moot.
So basically since 1900 no lame duck President has ever put up a candidate for Associate Justice that could have gotten a vote. Doesn't it follow that what Obama did was unprecedented?
So basically since 1900 no lame duck President has ever put up a candidate for Associate Justice that could have gotten a vote. Doesn't it follow that what Obama did was unprecedented?
