Following a Sept. 7, 2016 speech at Georgetown Law School, Supreme Court Justice Ruth Bader Ginsburg was asked whether “there were any valid constitutional arguments that would prevent President Obama from filling Justice Scalia’s seat on the Supreme Court.” (Scalia had died that February.)
Ginsburg responded: “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.”
