The Supreme Court has faced momentous resignations

“The last time the court had the potential to shift this dramatically was with Robert Bork’s seat,” said Jeffrey Rosen, professor at George Washington University Law School and chief executive of the National Constitution Center.

Justice Lewis Powell retired in 1987. Because he had been the swing vote on the bench, President Ronald Reagan’s nominee had the potential to tip the court’s jurisprudence right or left. Reagan selected conservative Robert Bork, a legal academic and judge who adhered to originalism, the belief that the Constitution’s meaning should only be interpreted based on the intent of its authors.

“Historically, it was the most controversial appointment, until Merrick Garland,” Rosen said, referring to the nominee of President Barack Obama who was denied a Senate hearing.