and this is why you should never listen to lying rightwing politicians.... per usual, rubio (who you got your rightwingnut talking point from) is wrong
"Rubio’s statement prompted several comments on Twitter from those who noted a specific exception to his claim: the nomination of Justice Anthony Kennedy.
The Senate confirmed
Kennedy 97-0 on Feb. 4, 1988. That was about 28 years ago -- not 80.
Kennedy replaced Justice Lewis Powell, who retired, and was Reagan’s
third nomination for the opening, after Robert Bork and Douglas Ginsburg. Powell announced his retirement in June 1987.
Reagan, who was in his second term, nominated Kennedy in November 1987. Kennedy was confirmed in February 1988. In November 1988, Reagan’s vice president George H.W. Bush won the presidency.
"The nomination actually wasn't in the election year, although the confirmation vote was," said Harvard law professor Mark Tushnet."
Rubio exaggerates in saying it's been 80 years since a 'lame duck' made a Supreme Court nomination
thanks for playing. we'll all have to let anthony kennedy know he wasn't really appointed by a second term president.
i love all you pretend constitutionalists . do tell us where a president can't nominate a justice to fill a vacancy in his second term.
dolts.