“That’s their job,” she said in July 2016. “There’s nothing in the Constitution that says the President stops being President in his last year.”
“Eight is not a good number for a collegial body that sometimes disagrees,” Ginsburg said on the issue a few months later during an event at the Smithsonian Museum of American History in Washington.
Justice Sonia Sotomayor, who was with her, agreed. “I think we hope there will be nine as quickly as possible.”
“What we do is we automatically affirm the decision of the court below. No opinion is written, no reasons are given, and the affirmance has no precedential value,” Ginsburg explained. “It’s just as though we denied review.”
In a sense, setting a sort of precedent for the coming nomination and senate vote.