Let's review:
- John Adams nominated the famous Chief Justice John Marshall on January 20, 1801 -- months *after* he lost the election to Jefferson.
- John Quincy Adams nominated John Crittenden on December 17, 1828, after he lost the election to Jackson. He was confirmed.
- Martin Van Buren nominated Peter Daniel on February 26, 1841, after losing to WHHarrison. Confirmed weeks before WHH sworn in.
- John Tyler nominated Samuel Nelson February 1845, a month before he left office, won Senate confirmation (by the opposition party)
- Rutherford B. Hayes (GOP) LOST the 1880 election to James Garfield. On December 15, 1880 William Woods was nominated & confirmed a week later with a Dem. Senate.
- Benjamin Harrison nominated George Shiras Jr. to the Supreme Court in an election year, on July 19, 1892. Confirmed a week later.
- William Howard Taft nominated Mahlon Pitney to the Supreme Court in an election year, on February 19, 1912. Confirmed the next month.
- Woodrow Wilson nominated John Clarke to the Supreme Court in an election year, on July 14, 1916. He was confirmed ten days later.
- Woodrow Wilson also nominated Louis Brandeis to the Supreme Court earlier that same election year, on Jan. 28, 1916. Confirmed in June.
- Herbert Hoover nominated Benjamin Cardozo to the Supreme Court in an election year, on Feb. 15, 1932. He was confirmed nine days later.
- FDR nominated Frank Murphy to the Supreme Court in an election year, on January 4, 1940, and he was confirmed just two weeks later.
- Reagan nominated Anthony Kennedy on 11/30/87, within a year of the 1988 presidential election, and he was confirmed on 2/3/88*
Some of these presidents nominated justices even
after they lost the election. Unlike Obama with nearly a full year left. They were *true* lame ducks.
And their party controlled the senate. And if you actually compare similar circumstances outgoing presidents did not get their nominees when opposition party had the senate. And more importantly, why would they?
What politician who thinks the current leader sucks is going to let him make a lifetime appointment when they don't have to? Why let them make permanent changes when you think they make terrible decisions?
Does anyone honestly believe that if bush had another nominee in 08 the democrats would have let him make a nomination with Obama coming in and Dem control of the senate? Please. It's stupid to pretend otherwise.