The fight in 2016 over whether to take up then-President Obama’s Supreme Court nominee caused many to say things they regret. One of them was the late-Ruth Bader Ginsburg.
According to The Daily Wire:
When the GOP-led Senate used its constitutional powers to block the nomination of Judge Merrick Garland in 2016, Justice Ruth Bader Ginsburg admitted that the president had the power to nominate a candidate for a Supreme Court vacancy any time during his four-year tenure and that the Senate had every right to confirm the nomination or not.
The vacancy Obama chose Garland to fill was created by the death of Justice Antonin Scalia in February 2016; President Barack Obama nominated Garland in mid-March.
Ginsburg gave a speech at Georgetown Law School on Sept. 7, 2016, after which she took questions. A member of the audience asked, “I was wondering if you thought there were any valid constitutional arguments that would prevent President Obama from filling Justice Scalia’s seat on the Supreme Court?”
Ginsburg answered, “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.”
RBG: "The President is elected for 4 years not 3 years, so the powers that he has in year 3 continue into year 4. Maybe some members of the Senate will wake up & appreciate that that's how it should be." pic.twitter.com/xU2GucJwNk
— Jewish Deplorable 🇺🇸 (@TrumpJew) September 21, 2020
Ginsburg In 2016: ‘Nothing In The Constitution’ Prevents Final Year SCOTUS Picks https://t.co/h7UVS41bMk
— Daily Caller (@DailyCaller) September 20, 2020
It remains to be seen how this fight turns out, but Trump has stated that he will nominate someone by Friday or Saturday.