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 …
The lame duck confirmations *when the parties were divided* favored the winner: Nelson in 1845, Woods in 1880. Also Brennan in the new Senate in 1957.pic.twitter.com/u4oTkTZ27Q
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You are mixing me up between lame duck vacancies and lame duck confirmations. Brennan was confirmed after inauguration. And Tyler doesn't really count as a Whig or a Democrat. So really it's just Woods.
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none of these vacancies can be compared to anything that has happened last 30years. judicial nominations werent as politically motivated as they are now (GOP essentially puts forward only Fed Society judges). Brennan probably was the most progressive judge in the last 80 years.
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I think it's hard to use them as precedent for other reasons: because the confirmation process takes much longer now, and the Senate used to be in recess a whole lot more. Some of these old Whig versus Democrat fights over justices were highly partisan. E.g., Justice Daniel.
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