Erstwhile constitutional law professor President Obama has correctly described the Constitution’s provisions when vacancies arise on the Supreme Court — the president makes a nomination, and the Senate either confirms or rejects it.

Obama’s out to lunch, however, when he claims that there is no history or “unwritten law that says that it can only be done on off-years.” It’s true that nominations have been made and considered in election years, but the fact is that no lame-duck president has filled a vacancy that arose in the election year of his successor.