When the GOP-led Senate used its constitutional powers to block the nomination of Judge Merrick Garland in 2016, Justice Ruth Bader Ginsburg admitted that the president had the power to nominate a candidate for a Supreme Court vacancy any time during his four-year tenure and that the Senate had every right to confirm the nomination or not.
The vacancy Obama chose Garland to fill was created by the death of Justice Antonin Scalia in February 2016; President Barack Obama nominated Garland in mid-March.

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