Justice Ruth Bader Ginsburg dead at 87, page-345

"you need the President and Senate. "

Politically yes. Can you point to a Constitutional requirement for that claim?

President Trump actually praised Merrick Garland on a phone call to FOX ! Emphasis added.

"I think Merrick Garland is an outstanding judge. But the only problem was — and this is up to the Senate — the only problem was, President Obama did not have the Senate.

Obama didn’t get a lot of judges through because you know why? He didn’t have the Senate. So again, that’s an election of a different kind. We had the Senate and the Senate didn’t want to do that, and Mitch didn’t want to do that.”

So there’s a difference. When you have the Senate, when you have the votes, you can sort of do what you want as long as you have it. So now we have the presidency and we have the Senate, and we have every right to do it, and we have plenty of time.”