Um, Trump does have legal authority to pick a justice, and he should, but Obama should have as well. Lindsey Graham said "I want you to use my words against me. If there’s a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say, “Lindsey Graham said, ‘Let’s let the next president, whoever it might be, make that nomination,’” and you could use my words against me, and you’d be absolutely right." This is hypocrisy. But whatever. It's legal. But completely ridiculous.