The "new ground" the Republican Inhofe referenced is the contention that allowing a lame duck president to choose a nominee to the court in an election year would be a terrible break with tradition. That is actually not true, on two counts. One, in election year 1988 the Senate approved "lame duck" President Ronald Reagan's court nominee, Anthony Kennedy. And two, only by a big stretch in the meaning of lame duck can Mr. Obama or Reagan be considered lame ducks. A president only becomes a lame duck in that period after another person wins election to the office and before the inauguration. If lame duck now applies to any second term president who cannot, by law, seek re-election, then only first term presidents would be able to make court appointments.