Rubio, Harry Reid and others are wrong. Guess he did not check their history. From: http://www.pbs.org/newshour/updates...ction-year-happens-more-often-than-you-think/ As it turns out, several Democratic and Republican presidents have filled a vacancy on the nation’s highest court in the middle of a heated campaign season. The Senate confirmed Mahlon Pitney to replace John Marshall Harlan during President William Taft’s last year in office in 1912. Woodrow Wilson placed two men on the Supreme Court, Louis Brandeis and John Clarke, while running for re-election in 1916. Herbert Hoover added Benjamin Cardozo to the court in 1932, the year he lost re-election to Franklin Delano Roosevelt. Frank Murphy joined the court eight years later, as FDR faced off against Wendell Willkie in the 1940 presidential race. Most recently, Justice Anthony Kennedy was confirmed by a Democratic-controlled Senate in 1988, during Ronald Reagan’s final year in office. The only exception came in 1968, when the Senate blocked the nomination of Abe Fortas, Lyndon Johnson’s pick to replace Chief Justice Earl Warren. (Dwight Eisenhower appointed William Brennan to the court during a Senate recess in 1956; Brennan was confirmed by the Senate the following year, after Eisenhower won re-election).