The late Supreme Court Justice Ruth Bader Ginsburg in 2016 said “nothing in the Constitution” prevents a president from nominating to fill a court seat.
Ginsburg was reacting to the upcoming fight over a replacement for her friend and colleague Justice Antonin Scalia, who passed away. Then-President Barack Obama had nominated Judge Merrick Garland to fill Scalia’s seat only to be denied a Senate hearing by Majority Leader Mitch McConnell.
“I think he is about as well qualified as any nominee to this court,” Ginsburg said of Garland, according to a July 2016 report from The New York Times. “Super bright and very nice, very easy to deal with. And super prepared. He would be a great colleague.”