On Wednesday, October 7, 2020, during the vice presidential debate, California Senator Kamala Harris made a historical claim saying that,
“In 1864, Abraham Lincoln was up for reelection. And it was 27 days before the election. And a seat became open on the United States Supreme Court. Abraham Lincoln’s party was in charge not only of the White House but the Senate. But Honest Abe said, ‘It’s not the right thing to do. The American people deserve to make the decision about who will be the next president of the United States.”
Did President Abraham Lincoln choose not to nominate a Supreme Court justice during the 1864 election because “the American people deserve to make the decision about who will be the next president of the United States?”
There is no evidence that Lincoln ever said this or that his reasons for delaying a Supreme Court nomination had anything to do with the election at hand.
The Supreme Court Nominations (1789-Present) show that there was a Supreme Court vacancy during the 1864 election after fifth Chief Justice Roger Taney died on October, 12, 1864, just weeks before the election vote. Lincoln didn’t nominate a replacement until December, after the election, because Congress was in a recess when Justice Taney died and during the election period. Abraham Lincoln never said anything about letting the American people decide who would fill the vacant Supreme Court seat through the election. Even if Lincoln had nominated a replacement, Congress would not have been able to vote on the confirmation until December, when the Senate was back in session.
