Of course, Rutledge did get a vote!
... The yeas and nays being required by one-fifth of the Senators present, Those who voted in the affirmative, are--Messrs. Bloodworth, Brown, Burr, Butler, Longdon, Martin, Mason, Read, Robinson, and Tazewell. Those who voted in the negative, are--Messrs. Bingham, Cabot, Ellsworth, Foster, Frelinghuysen, King, Latimer, Livermore, Marshall, Paine, Ross, Rutherfurd, Strong, and Trumbull.
So can Republicans. They just choose not to, and lie to their supporters that it can't be/ shouldn't be done. Hence we get Justice Ginsburg.
That's why the other candidates conservatives clamor for were not nominated.
We don't know that to be true. The president said he picked the best candidate. Was he lying?
It's a shame the Senate is a democratic institution- it no longer has the power to keep the Court from being democratic.
It's no different than it has ever been. That's what the Rutledge story demonstrates. What's a shame is that the GOP lies to its supporters while doing nothing.