The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Volokh Conspiracy

RBG on Supreme Court Vacancies in 2016 and in 2020

2016: Fill it. 2020: Don't fill it.

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2016:

Asked if the Senate had an obligation to assess Judge Garland's qualifications, her answer was immediate.

"That's their job," she said. "There's nothing in the Constitution that says the president stops being president in his last year."

2020:

"My most fervent wish is that I will not be replaced until a new president is installed."