With all of the noise put forth by the Democrat party and the mainstream media (MSM) concerning President Trump going forward nominating a replacement on the Supreme Court of the United States with the recent death of Ruth Bader Ginsburg, I thought it would be interesting to see if Justices were ever nominated in the last year of a Presidents term throughout the United States history.

Sen. Ted Cruz claims that there has been 29 instances of this happening. I can only find 15 regardless, it is not uncommon.

Below are the justices I could determine were nominated and then confirmed to the United States Supreme Court in the last year of a Presidents term.

Year Supreme Court 
Number Recommended Judge  President Party 
1 February 1801 John Marshall John Adams Federalist
2 February 1845 Samuel Nelson John Tyler Whig/Unaffiliated
3 May 1881 Stanely Matthews James Garfield Republican
4 February 1893 Howell Edmunds Jackson Benjamin Harrison Republican
5 March 1912 Mahlon Pitney William Howard Taft Republican
6 January 1916 Louis Brandeis Woodrow Wilson Democrat
7 July 1916 John Clarke Woodrow Wilson Democrat
8 September 1922 George Southerland Warren G. Harding Republican
9 December 1922 Pierce Butler Warren G. Harding Republican
10 January 1923 Edward Terry Sanford Warren G. Harding Republican
11 February 1932 Benjamin N. Cardozo Herbert Hoover Republican
12 January 1940 Frank Murphy Franklin D. Roosevelt Democrat
13 September 1956 Sherman Minton Dwight D. Eisenhower Republican
14 February 1988 Anthony Kennedy Ronald Reagan Republican
15 February 2016  Merrick Garland  Barack Obama  Democrat

Any Justice nominee in bold, was never voted on by the Senate.

In closing, here is the verbiage from the United States Constitution concerning the nominating of Judges of the supreme Court, 

Article II 

Section 2

    • Clause 2

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds [simple majority]of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

If any American Partisan readers find the complete list that Cruz was referring to, please let me know and I will update the above list.

Freedom Through Self-Reliance

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