One of my senators, Marco Rubio, had this to say:
"And I agree with that. There’s been precedent established over 80 years that, in the last year, especially in the last 11 months, you do not have a lame-duck president make a lifetime appointment to the highest court on the land – in the land.
So, we are going to have election in November. This vacancy is going to be an issue in this election. The voters are going to get to weigh in and then they will choose a new president. And then that new president, which I expect will be me, will then be able to nominate someone and work with the Senate to confirm them." Source
"And I agree with that decision.
The precedent’s been set. It’s been over 80 years now since, in the last year of the last term of a sitting president, there isn’t Supreme Court nominees, 80 years. And there’s a reason for that.
And the reason is that the next president should have a chance to fill that void, not someone who’s never going to answer to the electorate again. We’re going to have an election this year. And in the election, people are going to get to choose a candidate for president.
And part of that vote will be, what kind of nominee do you want, because we’re going to be asked now who – what kind of person or what kind of justice would you put on the Supreme Court? So, let the voters weigh in, in November, and then we will have an appointment. The court can function with eight justices. It does it all the time." Source
Rubio was being very misleading since I don’t believe any lame-duck presidents had the opportunity, in their last year, to nominate someone to a vacant seat on the Supreme Court. LBJ did nominate Justice Fortas to take Chief Justice Warren’s place, and Homer Thornberry to take Fortas’s place, but public outcry forced him to withdraw the nominations. Warren stayed on and his seat didn’t actually go vacant. And former Justice Kennedy was nominated by Reagan less than a year before the 1988 election (nominated Nov 30 1987, election day was Nov 8 1988) and confirmed with 11 months left in Reagan’s presidency.
It’s not like I trust Rubio’s word though. He was supposed to retire from the Senate after his presidential bid.
Unfortunately, I’m 100% sure my other senator, Rick “sue-me-if-you-don’t-like-midnight-appointments” Scott, is in favor of letting Trump nominate the new Justice.
~Max