Eminent Supreme Court Justice Oliver Wendell Holmes famously described his fellow judges as “nine scorpions in a bottle,” but now they are reduced to eight. Justice Antonin Scalia’s passing had hardly been made public when Republicans began proclaiming that President Obama should not appoint the late justice’s successor. President Obama countered that he would perform his constitutional duty and nominate a successor to Scalia, adding, “Your job doesn’t stop until you are voted out or until your term expires.”
The historical record supports that position: 14 presidents have appointed 21 justices during presidential election years. A half-dozen presidents, classic lame ducks, filled Supreme Court seats even though their successors had been elected.
These six lame duck presidents appointed Supreme Court justices – before their successors took office
