Bench Memos

Law & the Courts

No Election-Year Confirmation

It’s been more than 80 years since a Supreme Court justice was confirmed in an election year to a vacancy that arose that year, and there has never been an election-year confirmation that would so dramatically alter the ideological composition of the Court.

[Update: I’ve encountered some mistaken quibbling on Twitter with the first half of the sentence above. Yes, Anthony Kennedy was confirmed in February 1988, but to a vacancy that arose in June 1987. He was nominated in November 1987 — after the Democrats’ defeat of the Bork nomination. The last justice to be confirmed in an election year to a vacancy that arose that year was Benjamin Cardozo — confirmed in March 1932 to a vacancy that arose in January 1932.]


Senate Republicans would be grossly irresponsible to allow President Obama, in the last months of his presidency, to cement a liberal majority that will wreak havoc on the Constitution. Let the people decide in November who will select the next justice.

Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
Exit mobile version