“There’s nothing in the Constitution that says the president stops being the president in his last year,” Justice Ruth Bader Ginsburg said in a 2016 New York Times interview in which she called for Garland to receive a confirmation vote in the Senate.
After the passing of Justice Ginsburg, reports quote her granddaughter Clara Spera saying that the Justice told her that: “My most fervent wish is that I will not be replaced until a new president is installed.”
Below from the 2016 New York Times Interview:
Justice Ginsburg was characteristically forthright, offering an unequivocal endorsement of Judge Garland.
“I think he is about as well qualified as any nominee to this court,” she said. “Super bright and very nice, very easy to deal with. And super prepared. He would be a great colleague.”
Asked if the Senate had an obligation to assess Judge Garland’s qualifications, her answer was immediate.
“That’s their job,” she said. “There’s nothing in the Constitution that says the president stops being president in his last year.”