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No guarantee Obama would've replaced Ginsburg with a progressive justice

Barack Obama,Ruth Bader Ginsburg,Democratic Party,Facts And Fact Checking,2020 Election Fact Checking,Supreme Court

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Fact Check

The claim: A progressive Supreme Court justice could have been confirmed by the Senate if Ruth Bader Ginsburg had retired under President Barack Obama
The potential nomination of President Donald Trump's third Supreme Court justice in his first term could've been avoided, a viral meme suggests.

A progressive Supreme Court justice could have been confirmed by the Senate if Justice Ruth Bader Ginsburg had retired under President Barack Obama, the social media post claims.

Ginsburg died Friday after a battle with pancreatic cancer, leaving open a seat on the country's highest court and setting off a fierce political battle over her replacement. The vacancy has led to a national debate over whether it should be filled prior to Election Day on Nov. 3 or during a lame-duck session of Congress afterward.

Democrats and some Republicans have said they are opposed to filling the seat within weeks of Election Day, but both Senate Majority Leader Mitch McConnell, R-Ky., and President Donald Trump said they intend to move forward with the confirmation process — with a nomination coming as soon as Sept. 26.

A meme, technically a screenshot of a tweet, posted on Facebook Sept. 18, the day Ginsburg died, suggests that if Ginsburg had retired when she was 80 years old in 2013, Obama could have pushed through the confirmation of a liberal justice, because Democrats controlled the Senate at the time.

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