Let’s first note that the scenario that Rubio is describing — a Supreme Court vacancy in the last year of a presidency — is pretty rare to begin with. Since 1900, it’s only happened once to a "lame duck" president, and twice more to presidents who lost re-election bids. All three times, the exiting president made nominations...
http://www.politifact.com/truth-o-meter/statements/2016/feb/14/marco-rubio/do-presidents-stop-nominating-judges-final-year/
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