The late Supreme Court Justice Ruth Bader Ginsburg in 2016 said “nothing in the Constitution” prevents a president from nominating to fill a court seat.
Ginsburg was reacting to the upcoming fight over a replacement for her friend and colleague Justice Antonin Scalia, who passed away. Then-President Barack Obama had nominated Judge Merrick Garland to fill Scalia’s seat only to be denied a Senate hearing by Majority Leader Mitch McConnell.
“I think he is about as well qualified as any nominee to this court,” Ginsburg said of Garland, according to a July 2016 report from The New York Times. “Super bright and very nice, very easy to deal with. And super prepared. He would be a great colleague.”
WASHINGTON, DC – MARCH 16: U.S. President Barack Obama (R) and Vice President Joe Biden (L) stands with Judge Merrick B. Garland (R), while nominating him to the US Supreme Court, in the Rose Garden at the White House, March 16, 2016 in Washington, DC. (Photo by Chip Somodevilla/Getty Images)
The Times called her answer “immediate” when asked if the “Senate had an obligation to assess Judge Garland’s qualifications.”
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