In history, Levin pointed out that a total of 22 sitting presidents have been faced with filling a Supreme Court seat and every single one made the decision to “set up” a nominee, regardless of Senate votes.
...in 2016, when a lame-duck President Obama tabbed Merrick Garland to replace the late conservative Justice Antonin Scalia, Democratic leaders had no problem with the move. And neither did Ginsburg. "There's nothing in the Constitution that says the president stops being the president in his last year," she said in a 2016 New York Times interview in which she called for Garland to receive a confirmation vote in the Senate. As for whether the Senate should take up a vote on Garland, Ginsburg said at the time, "That's their job."
https://www.foxnews.com/politi....cs/mark-levin-rips-d