SCOTUS Nomination Thread

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PokerGuy

Lifer
Jul 2, 2005
13,650
201
101
Funny how the senate doing anything other than rubber stamping whatever idiot obummer nominates is automatically "obstructionism". Pathetic.

I don't think the president should have to wait to nominate just because it's an election year. He should be able to nominate someone, and the senate can do what they do and decide if they want to provide consent or not. If obummer nominates idiots (as he's done with the prior two), then the senate should reject them. If he nominates someone decent, then provide consent, I don't care if it's an election year or not.
 

boomerang

Lifer
Jun 19, 2000
18,883
641
126
I don't think the president should have to wait to nominate just because it's an election year. He should be able to nominate someone, and the senate can do what they do and decide if they want to provide consent or not. If obummer nominates idiots (as he's done with the prior two), then the senate should reject them. If he nominates someone decent, then provide consent, I don't care if it's an election year or not.
This is exactly how it's going to shake out. But the outrage and the hand-wringing by the left is nothing if not entertaining. They want a Congress controlled by them to interpret the rules as they see fit and they want a Congress not controlled by them to interpret the rules the same way.

It's the childishness we've come to expect on display once again. Temper tantrums and holding their breath until they turn blue behavior.

Choomy preezy gets to make the pick and Congress will do whatever it decides to do from that point forward. It's how the system works. The instant gratification/ADHD faction of the left can of course throw whatever temper tantrums they wish.

What's really amazing to me is how many people don't have any understanding of the nitty gritty of the political process. Why would anyone expect McConnell to declare that it would be smooth sailing for a SCOTUS pick? You start from a position of ultimate power when you have it. That's how negotiations work and that's all this is, a negotiation. McConnell reminded Obama of who holds the power in this negotiation. With a Republican president and a Dem controlled Senate, Harry Reid would be changing procedures to benefit his party regarding a SCOTUS pick. That's how he rolled. Politics is a dirty nasty business and we the people only get to see a small glimpse of what is really going on.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,685
136
With a Republican president and a Dem controlled Senate, Harry Reid would be changing procedures to benefit his party regarding a SCOTUS pick. That's how he rolled. Politics is a dirty nasty business and we the people only get to see a small glimpse of what is really going on.

When the scenario was real life, Reid did no such thing.

"They're just as bad" is bullshit as usual.
 

HomerJS

Lifer
Feb 6, 2002
39,349
32,860
136
Two words...."recess appointment".

There is precedent. George Washington made a recess appointment to fill Chief Justice of Supreme Court. However the Senate would have to approve when they return.

It would be rich if Obama recessed a highly qualified black woman. The Senate would have to essentially kick her out which will add tons of fuel to the already burning brush fire.
 
Nov 30, 2006
15,456
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There is precedent. George Washington made a recess appointment to fill Chief Justice of Supreme Court. However the Senate would have to approve when they return.

It would be rich if Obama recessed a highly qualified black woman. The Senate would have to essentially kick her out which will add tons of fuel to the already burning brush fire.
Reagan didn't stoop that low when faced with opposition and I hope Obama wouldn't do it either...but I'm not very optimistic.
 

Genx87

Lifer
Apr 8, 2002
41,091
513
126
I would be shocked if Obama pulled a recess appointment. It is one thing to do that for a diplomat or federal appointment. It is another for the highest court in the land.
 

LPCTech

Senior member
Dec 11, 2013
679
93
86
Obama will choose a qualified black or hispanic or female or a combination candidate, the republicans will stall as long as possible. The fight will make sure that very few people who are not white males will vote for the republican candidate, the democrat will win. There is no longer a risk of low voter turnout on the Dem side since we all know whats at stake now. There will be no way to continue blocking the candidate, they will be grudgingly confirmed, then Bernie or Hillary will also replace at least one more Justice during their term if not 2.

Progress will keep progressing.

Like it always has.

Also, I kinda have to wonder how republicans think they can ever win a general election ever again.

50% of white males may vote republican, MAYBE even 50% white females(probably not), but no one else is voting for them.

At least 80% plus of Black, Hispanic and asian americans will vote democrat, almost for sure.

So how do you win an election with only half of one demographic at best? You dont.

So it doesnt even matter if Obama's pick gets confirmed or not.

IN FACT the smartest thing the republicans could do is to immediately confirm Obama's pick. Then they might possibly maybe have a chance to win the election and appoint the next 2. But they would never do that so.

Its win win for democrats.
 
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Sonikku

Lifer
Jun 23, 2005
15,901
4,927
136
Reagan didn't stoop that low when faced with opposition and I hope Obama wouldn't do it either...but I'm not very optimistic.

Of course he didn't. Why would he need to? Dems didn't cock block and obstruct Scalia like a mother buzzer, instead letting him sail. If Dems behaved then as Repubs do now Reagan might have had to consider less than ideal solutions.
 

brycejones

Lifer
Oct 18, 2005
29,885
30,688
136
Funny how the senate doing anything other than rubber stamping whatever idiot obummer nominates is automatically "obstructionism". Pathetic.

I don't think the president should have to wait to nominate just because it's an election year. He should be able to nominate someone, and the senate can do what they do and decide if they want to provide consent or not. If obummer nominates idiots (as he's done with the prior two), then the senate should reject them. If he nominates someone decent, then provide consent, I don't care if it's an election year or not.

Interesting...people you disagree with are idiots. I diagreed with Scalia but would never call him an idiot.
 
Nov 30, 2006
15,456
389
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Of course he didn't. Why would he need to? Dems didn't cock block and obstruct Scalia like a mother buzzer, instead letting him sail. If Dems behaved then as Repubs do now Reagan might have had to consider less than ideal solutions.
What? You're rewriting history. Democrats bitterly opposed and focused on cock blocking Rehnquist instead.
 

dank69

Lifer
Oct 6, 2009
37,356
32,986
136
Funny how the senate doing anything other than rubber stamping whatever idiot obummer nominates is automatically "obstructionism". Pathetic.

I don't think the president should have to wait to nominate just because it's an election year. He should be able to nominate someone, and the senate can do what they do and decide if they want to provide consent or not. If obummer nominates idiots (as he's done with the prior two), then the senate should reject them. If he nominates someone decent, then provide consent, I don't care if it's an election year or not.
Who is asking for a rubber stamp? Oh, that's right. Nobody.
 

dullard

Elite Member
May 21, 2001
26,042
4,689
126
There is nomination, advise, and consent or rejection

Slightly adjusted for better accuracy.
While your adjustment is accurate in how it works, do you think we really need to add words to the constitution? Why not instead just clarify what "consent" means in your posts?

"[The President] shall nominate, and by and with the advice and consent of the Senate, shall appoint ... judges of the Supreme Court"

If the president gets the consent of the Senate, then the president shall appoint judges of the supreme court. The constitution doesn't need to have the words "or rejection" added. We should instead just make it clear that the consent isn't automatic and may not happen.

It is just a nitpick on my part, but I don't like misleading people into thinking the constitution is written differently than it actually is written.
 
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Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,685
136
What? You're rewriting history. Democrats bitterly opposed and focused on cock blocking Rehnquist instead.

Funny that you'd use the term "cock blocking" given its accuracy.

Rehnquist came long before Scalia.
 
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theeedude

Lifer
Feb 5, 2006
35,787
6,197
126
Funny how the senate doing anything other than rubber stamping whatever idiot obummer nominates is automatically "obstructionism". Pathetic.

I don't think the president should have to wait to nominate just because it's an election year. He should be able to nominate someone, and the senate can do what they do and decide if they want to provide consent or not. If obummer nominates idiots (as he's done with the prior two), then the senate should reject them. If he nominates someone decent, then provide consent, I don't care if it's an election year or not.

Yes, have a vote.
 

dank69

Lifer
Oct 6, 2009
37,356
32,986
136
If you are not smart enough to be able to differentiate a TV ad from bribery, you might be a progressive.
Let me run all these TV ads to get you elected. No no, I insist and don't expect a thing in return.
Hopefully I can embed this image:
c261a200967d0133301e005056a9545d


Let me know if it doesn't work.
 
Nov 30, 2006
15,456
389
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Funny that you'd use the term "cock blocking" given its accuracy.

Rehnquist came long before Scalia.
That was the word Sonikku used and I replied using the same language. The Senate voted on Rehnquist and Scalia the same day if I'm not mistaken.
 
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thraashman

Lifer
Apr 10, 2000
11,112
1,587
126
I hope Obama puts forth Loretta Lynch. lol

Even better: Eric Holder.

The exploding heads will be visible from the ISS.

:cool:

Both would be vast improvements from Scalia. That man was the most constitutionally ignorant person to ever be on that bench. The only way you could get a more ignorant man to replace him would be to pick that Chief Justice from Alabama that keeps telling judges below him to ignore the SCOTUS.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,685
136
That was the word Sonikku used and I replied using the same language. The Senate voted on Rehnquist and Scalia the same day if I'm not mistaken.

Rehnquist joined the court in 1971, Scalia in 1986. Rehnquist's elevation to Chief Justice occurred in 1986 but altered the composition not at all.
 

Genx87

Lifer
Apr 8, 2002
41,091
513
126
Both would be vast improvements from Scalia. That man was the most constitutionally ignorant person to ever be on that bench. The only way you could get a more ignorant man to replace him would be to pick that Chief Justice from Alabama that keeps telling judges below him to ignore the SCOTUS.

And I am sure you formulated that opinion by scouring through thousands of cases over the course of the last ~240 years using your deep background in constitutional law right?
 
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Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,685
136
Both would be vast improvements from Scalia. That man was the most constitutionally ignorant person to ever be on that bench. The only way you could get a more ignorant man to replace him would be to pick that Chief Justice from Alabama that keeps telling judges below him to ignore the SCOTUS.

The term you're looking for is Fascist Prick.

A notable quote-

Mere factual innocence is no reason not to carry out a death sentence properly reached.

That's so wrong on so many levels as to be despicable.
 
Nov 30, 2006
15,456
389
121
Rehnquist joined the court in 1971, Scalia in 1986. Rehnquist's elevation to Chief Justice occurred in 1986 but altered the composition not at all.
You're correct...thanks for clarifying. The Rehnquist vote for Chief Justice was the same day as Scalia's vote to join the court.
 
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BonzaiDuck

Lifer
Jun 30, 2004
16,622
2,024
126
Obama will choose a qualified black or hispanic or female or a combination candidate, the republicans will stall as long as possible. The fight will make sure that very few people who are not white males will vote for the republican candidate, the democrat will win. There is no longer a risk of low voter turnout on the Dem side since we all know whats at stake now. There will be no way to continue blocking the candidate, they will be grudgingly confirmed, then Bernie or Hillary will also replace at least one more Justice during their term if not 2.

Progress will keep progressing.

Like it always has.

Also, I kinda have to wonder how republicans think they can ever win a general election ever again.

50% of white males may vote republican, MAYBE even 50% white females(probably not), but no one else is voting for them.

At least 80% plus of Black, Hispanic and asian americans will vote democrat, almost for sure.

So how do you win an election with only half of one demographic at best? You dont.

So it doesnt even matter if Obama's pick gets confirmed or not.

IN FACT the smartest thing the republicans could do is to immediately confirm Obama's pick. Then they might possibly maybe have a chance to win the election and appoint the next 2. But they would never do that so.

Its win win for democrats.


You're more of an optimist than I am. Still -- the logic of it seems promising.

Someone said something like "Obummer picked idiots." As I understand it, Kagan was even recommended by Scalia. So . . . who's the idiot here?

I've been especially outraged by the forces behind Citizens United long before SCOTUS handed us their decision. "Money is speech, but you don't get to know who is speaking." Where does that nonsense come from?

So, Obama could likely pick a "moderate." He intends to do it within a month, or that is the news-analysis speculation based on his earlier score in timeliness. We can only wait and see.

Meanwhile, someone unearthed a 2005 statement by Mitch McConnell:

"The Constitution of the United States is at stake. Article II, Section 2 clearly provides that the President, and the President alone, nominates judges. The Senate is empowered to give advice and consent. But my Democratic colleagues want to change the rules. They want to reinterpret the Constitution to require a supermajority for confirmation. In effect, they would take away the power to nominate from the President and grant it to a minority of 41 Senators."
"[T]he Republican conference intends to restore the principle that, regardless of party, any President's judicial nominees, after full debate, deserve a simple up-or-down vote. I know that some of our colleagues wish that restoration of this principle were not required. But it is a measured step that my friends on the other side of the aisle have unfortunately made necessary. For the first time in 214 years, they have changed the Senate's 'advise and consent' responsibilities to 'advise and obstruct.'"
Some politicians seem to have an historical myopia about their own statements. Trump, for instance.

Well, it will be an interesting year. No less -- an unpleasant one . . .