Following the Texas abortion bill effectively ending all abortion in the state past the 6th week of pregnancy, abortion supporters seethed at the law, which the Supreme Court voted not to stop on a vote of 5-4. Many took aim at the late Justice Ruth Bader Ginsburg for not stepping down during the Obama years to prevent a Republican from flipping her seat on the court with a conservative justice.

The Daily Caller reports:

Many argued that Ginsburg, who passed away in September of 2020, should have retired while former President Barack Obama was in office and had a majority in the Senate. That would have ensured that Obama would choose her replacement rather than former President Donald Trump, who replaced Ginsburg just before the 2020 presidential election with Justice Amy Coney Barrett.

The theory was that one more left-leaning judge might have made the difference on the Texas law before it was allowed to take effect on Sept. 1.

And while the consensus among critics appeared to be that Obama would have been able to nominate a suitable replacement in 2013, Ginsburg herself cast doubt on that in a 2014 interview with Elle magazine.

She said at the time, “If I resign any time this year, he could not successfully appoint anyone I would like to see in the court. (The Senate Democrats) took off the filibuster for lower federal court appointments, but it remains for this court. So anybody who thinks that if I step down, Obama could appoint someone like me, they’re misguided.”