The rules for the voters of the Supreme Court game,, have been pretty clear for 150 years: *9 seats, life tenure *Win presidential elections, you get to make nominations *Win Senate elections, you get to confirm or stop them *Divided government, you fight, maybe you compromise
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You know as well as I do that Fortas has a scandal and so was basically considered and withdrawn because he was seen as unfit. Happy to look at the other cases but I think we will find similar examples. Garland was picked apart. He was just ignored.
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Yes, the Fortas precedent - the only time a POTUS ever failed to get any nominee thru a Senate *his* party controlled - turns heavily on ethics. The others, however, were not; they were more direct election-year or lame-duck showdowns between POTUS & a Senate of the other party.
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