Some additional color @ProfBrianKalt didn't cover: Lincoln & Eisenhower both had openings in October, but the Senate was out of session. Ike, with a D Senate, used a recess appointment. Lincoln made his appointment in the lame duck session in Dec as soon as the Senate arrived.https://twitter.com/scotusreporter/status/1307427141638914048 …
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Not sure I follow that last part. What makes you say a Republican Senate wouldn't have confirmed him? Just the fact that it was 10 months before the election? I don't see it. Murphy's nomination was uncontroversial. As was Peckham's... 1/2
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Well, historically there have been 10 of those vacancies with party divides between WH & SEN, and only 1 out of 10 got confirmed by the Senate before the election, & the lame duck confirms all favored the party that'd won the election.
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