The timing could not be worse for the GOP, but the court cannot be left deadlocked for more than a year simply because the GOP is being childish. Doing so would clearly show that the GOP is only too happy to damage the country to get their way. Refusing to govern in a presidential election year, with 24 GOP Senate seats to defend would be a huge mistake. If they do, and they might, they will lose the Senate, lose the White House, and lose the chance to name the next SC Justice.
If McConnell follows through, refusing to allow an Obama's nomination to come to the Senate floor for a vote, he will be creating the longest vacancy in the history of the 9 man court. That will leave the left leaning 8 justice court to make crucial decision over the next year and possibly much longer if there's a democrat elected. Clearly the Republican Senate is placing their political aim of a more conservative court above their constitutional duty.
If the court has a tie vote on a case, then the ruling of previous federal court will stand. Court decisions can have a huge impact. Suppose the court was called to make a decision that would determine the presidency as they did with Bush vs. Gore and could not reach a decision.
Clearly the Republican Senate is placing their political aim of a more conservative court above their constitutional duty.
Disingenous.
Two vacancies occurred on the Supreme Court during Tyler's presidency, as Justices Smith Thompson and Henry Baldwin died in 1843 and 1844, respectively. Tyler, ever at odds with Congress—including the Whig-controlled Senate—nominated several men to the Supreme Court to fill these seats. However, the Senate successively voted against confirming John Canfield Spencer, Reuben Walworth, Edward King and John M. Read (King was rejected twice). One reason cited for the Senate's actions was the hope that Clay would fill the vacancies after winning the 1844 presidential election.[92] Tyler's four unsuccessful nominees are the most by a president.[104]
Finally, in February 1845, with less than a month remaining in his term, Tyler's nomination of Samuel Nelson to Thompson's seat was confirmed by the Senate. Nelson, a Democrat, had a reputation as a careful and noncontroversial jurist. Still, his confirmation came as a surprise. Baldwin's seat remained vacant until James K. Polk's nominee, Robert Grier, was confirmed in 1846.
Now, Smith Thompson died in December of 1843 and Henry Baldwin died in April of 1844. Thompson's seat was filled February of 1845, which by my math would be a vacancy of 14 months. Baldwin's seat was filled in August of 1846 by the next President, James Polk. That works out to 28 months, if I'm counting correctly.
Your attempt to limit it ONLY to the "9-man court" to try to make it look like the Senate has some obligation to allow the outgoing President to appoint Justices is duly noted, and summarily dismissed. It's reminiscent of "hottest summer in recorded history, so GLOBAL WARMING!", which leaves out the fact that we've only been tracking and recording such things for a few decades. And you already know how much respect we give THAT crap.
Let's all just keep in mind that our nation's history extends back well past the liberal saint, FDR, and is just as relevant.
