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 …
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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Before the month is out you're going to be quoting astrology charts and telling us that it's actually historically consistent for this appointment to go through if Venus is in retrograde and the Yankees are leading their division and the nominee is left-handed.
Thanks. Twitter will use this to make your timeline better. UndoUndo
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What do you mean by "those vacancies"? On the second part: not true at all. Three presidents filled lame-duck vacancies despite having just lost the election (the Marshall, Daniel, and Jackson nominations).
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Yes. And all had the president's party controlling the Senate. Party control of the Senate is the dividing line in the history.
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