Justice Scalia Dead

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Yeah, no matter who Obama nominates, they will not be confirmed, politics notwithstanding. It won't happen. Take that to Vegas.
He needs 60 votes. He'll never get close.
Considering the Senate seats up for grabs in the election, at least 5 current Republicans are extremely vulnerable and blocking the appointment could alienate enough voters for the Republicans to lose those seats and with them, control of the Senate.
 
"at least 5 current Republicans are extremely vulnerable and blocking the appointment could alienate enough voters for the Republicans to lose those seats and with them"

Yeah, or they could not block the appointment and alienate their entire stinkin' base ahead of the election, giving up both senate/house seats as well as the White House. According to this logic, there is nothing the Republicans can do to avoid losing control of the senate, despite widespread dissatisfaction with a full eight-twelve year of Democrat rule, and outgoing second term president, economic malaise, and a foreign policy satisfactory to exactly no one.

If this man's death truly carries this kind of strategic value (guaranteed senate control & probably the presidency) then yeah, I can see somebody offing him :rolleyes:

"Yeah, no matter who Obama nominates, they will not be confirmed"
I agree; were there not one, not two, but three senators running for president (three; three senators; ah-ah-ah...) who really want the appointment all to themselves, then I'd be a whole lot less certain. But between Obama, Cruz (especially) and Sanders, avoiding a filibuster is impossible;
-Liberal nominee; not only is Cruz/Rubio opposed, not only is he willing/able to block it (Cruz at least is), he will look like an absolute hero for doing so
-Moderate nominee; will be savaged by both Cruz and Sanders (probably simultaneously; would be very humorous to watch) as insufficiently principled, and will damage support on both sides so badly no filibuster will be needed
-Conservative nominee; provided Hell freezes over, Sanders and about twelve other senators would take turns filibustering
-Multi-ball Siege; If Obama pummels the Senate with appointments hoping to wear down the opposition (forcing endless filibusters), he will quickly wear out McConnell's patience & be entirely blocked, regardless of the type of nominee, and the blatant use of the process as a political weapon will galvanize republicans to opposition. Even 'squishy' or 'establishment' Republicans would line up to heroically block the umpteenth appointment vote & establish their street cred (if McConnell were wise, he'd have them all take turns as a 'team-building' exercise before finally shutting off the floor votes)
-McConnell keeps his word, and doesn't bring nomination votes to the floor. I see this as unlikely, as Obama hasn't been stalled for a year on anything, ever. But it's still possible.

Personally, I expect a liberal nominee set up to be a sacrificial lamb (Lynch) for Hillary to heroically defend, then a more pragmatic choice of what Obama considers a moderate closer to the election (he'd obviously still prefer to get one last nomination through to cement his 'legacy' regardless the politics), but I doubt he's capable of choosing someone even remotely tempting for Republicans (even if they've been savaged by the media & all their DC neighbors for a solid year about it). In short, there is nothing to worry about, since Obama can't force a floor vote on his picks; he/the media will moan for a few weeks about 'those mean old bullies' then they will move on after they get bored.

TCB
 
it's not just alienating their base that senate republican have to be concerned about by blocking any SC nominee- they're also concerned about potentially bolstering the democratic base by doing so.
 
Yeah, or they could not block the appointment and alienate their entire stinkin' base ahead of the election,

The current Senate leadership has not shown itself to be averse to alienating whatever part of their base is not politically astute enough to understand that political strategy is about more than the current crisis. ;) I said "regarding hearings". I fully expect they will give any nominee a full and fair hearing, taking as long as necessary to do their due diligence to thoroughly examine the qualifications. And then reject the nominee along party lines.

But that is still has risks . supreme-court-opening-dilemma-swing-state-republicans?
 
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Anthony Kennedy was placed by Reagan in this exact point in Obama's presidency, Feb 18 of his last year. Obama should nominate and all should expect his pick to be in. Relax and accept it.
 
Well, if it does go for the worse with the nominations, we need to ensure we keep a strong pro 2a congress. That way any negative SC court rulings won't necessarily become law, and maybe never make it out of committee.
 
Anthony Kennedy was placed by Reagan in this exact point in Obama's presidency, Feb 18 of his last year.

Not exactly.

Reagan nominated Kennedy in Nov 1987, he took office in Feb 1988.

So, not the same point in time.
 
Hmmm, anyone notice how we keep getting members referencing Anthony Kennedy over and over again? Almost like they have not even read the thread and have no interest in a discussion. They are just regurgitating a particular talking point before moving on to some other forum.

For the third time this thread, the reason Kennedy was confirmed by the Senate in February 1988 was because the Justice he replaced retired in June 1987. Reagan nominated Robert Bork (who was no friend to the 2A by the way) on July 1, 1987. Bork was stalled and then blocked by the Democratic Senate who rejected his nomination outright on October 6. Reagan then nominated Douglas Ginsburg who was stalled and then forced to withdraw after he admitted to using marijuana. Reagan then nominated Kennedy, a well-known moderate already popular with the Democrats in November 1987 and his confirmation was delayed until mid-February 1988.

The reasoning for this decision according to the NYT was expressed by Sen. Alan Cranston, the Dem party whip, who urged colleagues in a letter to form a ''solid phalanx'' of opposition if the President's nominee was an ideological extremist. "Some Democrats in Congress are worried that Mr. Reagan will nominate a conservative..."

So the Senate blocked Bork because of his ideology, despite having confirmed his lower court appointment at both the district and circuit court levels. And with over 529 days remaining in President Reagan's term. Personally, I'm not disappointed it played out like that as Bork might have made Heller 4-5; but I really don't think bringing up Kennedy is a great example for why Obama should see his nomination go forward given the circumstances under which Kennedy was nominated and the statements of the Senate at the time.

However, if President Obama wants to nominate a Justice who would vote with the majority in Heller and McDonald and uphold strict scrutiny for the Second Amendment - a moderate in the style of Kennedy - I'd certainly welcome the confirmation of that Justice.

The problem is Obama's first nomination was Sotomayor who said she understood the individual right expressed in Heller during her confirmation hearings and then in McDonald argued Heller should be overturned entirely. That tends to make me less trusting of what nominees say absent a clear track record.

I'd also note that the President himself voted to filibuster Samuel Alito's nomination purely on ideological grounds when he was a Senator. And that particular nomination wasn't even close to an election. So it seems a bit disingenuous of him to demand consideration he was unwilling to extend to previous nominees - especially given the fact the Senate has already confirmed two of his nominees with no stalling, filibustering or blocks. In fact, since the Republican party has existed, there have been 16 unsuccessful Supreme Court nominees - 12 of whom are Republicans (Cleveland and LBJ each had two unsuccessful nominations). It seems to me the argument for consideration has been a bit of a one-way street.
 
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Hmmm, anyone notice how we keep getting members referencing Anthony Kennedy over and over again? Almost like they have not even read the thread and have no interest in a discussion.

That's the funny thing about talking points. If someone parrot's another person's thoughts without having arrived at the same conclusion via their own thought processes, then they are unlikely to weigh and consider any logical response.
 
http://www.nbcnews.com/politics/sup...reme-court-battle-even-if-republicans-n519121





How Obama Could Win Supreme Court Battle — Even If Republicans Take the White House

by ARI MELBER

Senate Republicans are pledging to block any Supreme Court nomination by President Barack Obama until after November, hoping a Republican will replace him and fill the vacancy left by Justice Antonin Scalia. But even if the Senate refuses to confirm Obama's pick and a Republican wins the White House, there is one way Obama can still get his nominee confirmed.

It could all come down to 17 crucial days in January.

If Democrats win back the Senate and lose the White House in November, they would control both branches of government for about two weeks before Obama leaves office. That overlap in the transition of power is set in stone. The Constitution mandates the new Congress begins work on January 3, while President Obama stays in power until January 20. So if Democrats take back the Senate, President Obama could send a Supreme Court nominee to that new Democratic majority, which would have 17 days to change the filibuster rules and ram in a vote before a new President takes power. "If a Democratic Senate comes in on January third, President Obama could send in his Supreme Court nomination," explained a former Obama administration lawyer. "Then Democrats could apply the 'nuclear option' to Supreme Court nominations, and vote in Obama's nominee by a simple majority."
 
Why would we want someone with no judicial experience on the supreme court?
When you consider the current makeup of the court, all of whom have judicial experience, a more pertinent question might be why do we want someone with it. :scrutiny: It seems at best a 50/50 proposition.

FWIW, there are no qualifications required for the Supreme Court, only that the President appoint and the Senate confirm.
 
Living in western WA, I know and interact with numerous hardcore liberal Democrats every day. Many are saying that if the Senate does block an upcoming Obama nominee, it could work out better for Democrats in the long run.

Many seem absurdly confident that Bernie will take the White House, and Dems will retake the Senate. At that point, a "real" liberal, the likes of which we've never seen before, will be nominated and approved.

How real is that possibility? I mean, it's certainly possible, right?
 
How real is that possibility? I mean, it's certainly possible, right?

Anything is possible, but the Dems will do everything in their power to prevent Sanders from being the nominee. They know he cannot win in the General Election.

Look at New Hampshire .Bernie easily won the state,by a 60 to 38% margin .A near landslide. Yet because of the Democratic Super Pac, Hillary got the majority of the states delegates.
Ridiculous but true.

New Hampshire has 24 “pledged” delegates, which are allotted based on the popular vote. Sanders has 13, and Clinton has 9, with 2 currently allotted to neither.

But under Democratic National Committee rules, New Hampshire also has 8 “superdelegates,” party officials who are free to commit to whomever they like, regardless of how their state votes. Their votes count the same as delegates won through the primary.

Read more: http://dailycaller.com/2016/02/10/h...egates-than-sanders-after-loss/#ixzz40Ol45zyL

Unless the FBI refers an indictment on the SAP email grounds, I cannot see Hillary being stopped as the Democratic nominee.
 
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