As if 2020 has not been bad enough, with just a few weeks before the presidential election, the beloved Supreme Court justice Ruth Bader Ginsburg passed away. Not only did we lose a judicial icon, but her death caused a vacancy on the high court that is turning into one of the biggest fights of the Trump administration. Back in 2016 when a justice passed, Republicans argued that a president in his last year should not nominate a new judge but should wait for the voice of the people in the form of the new president to make the next pick. At the same time the Democrats in 2016 insisted it was not only the president’s right but his duty to make the next selection. The differences this time are, first, both parties flipped their stances, somehow realizing they were wrong in 2016, and, second, this time Republicans have the numbers in the Senate to make the confirmation. The constitutionality of Trump’s decision to put forth a judge has been questioned. Historically and legally speaking, however, Trump does have the right and it has been done before.