Quote:
Originally Posted by mce
While that is technically true, the opening actually opened up in 1987. The reason why Reagan only got Kennedy on board in 1988 was because Reagan's first 2 choices: Bork and Ginsburg flamed out in 1987. See the dates at Anthony Kennedy - Wikipedia, the free encyclopedia and look at background info (ie., previous 2 nominees)
Takeaway? The TRADITION DOES EXIST despite Reagan's 1988 appointment of Justice Kennedy. |
If we toss out the Kennedy case, was there another situation where an SC judge stepped down or died during a president's last year in office and if so did that president simply defer the decision to his predecessor and not make an appointment?
So me a tradition is something we do a certain way because it is how we have always done it. To me this isn't tradition, it is simply a situation that has rarely if ever come up before.