More than 350 law professors wrote a letter to Senators Mitch McConnell, Charles Grassley, Harry Reid and Patrick Leahy in 2016. The message was simple — there is no exception holding that the President lacks the duty to appoint justices to the Supreme Court because he is in the last year of his presidency…The Senate must not defeat the intention of the Framers.
That was then, this is now.
What happened then was what has happened many times already. An opening on the Supreme Court came up, the President nominated a judge and the Senate made its decision.
Four years ago, with a Democrat President and a Republican Senate, the Senate decided not to proceed with the process. That’s their right. It’s their duty.
To quote the letter, “President Obama was elected to a four-year term in 2012. According to the Constitution, that term has more than 300 days remaining. There is no exception to the Constitution holding that the President lacks the authority or duty to appoint justices to the Supreme Court because he is in the last year of his presidency.”
These 350-plus law professors then essentially attempt to become the United States Senate and instruct the United States Senate on what its next steps should be.
It is unknown how many of those same 350-plus law professors hold that same position today.
Of note, there were Iowa professors involved:
Drake University Law School:
University of Iowa College of Law: