Wags say no replacement ’til after elections. We shall see; you know zero has been itching to fix the court. Will he try to get somebody through the ‘pub gauntlet? Since his goals and their actions/inactions have jibed I think he could buy some advice and consent. But if the Beast or the Donald get to nominate, I think there’d be a protracted battle; for hers what remains of real conservatives might coalesce and stonewall; for his the rinos would certainly try to exact their revenge. So what to hope for here? A lot hangs on it.
The first time the MSM mentions how mean it is of the R’s to delay Obama’s appointment for Scalia’s replacement, the R’s will collapse like a house of cards.
Scalia’s replacement confirmation will be the signal for Buzzy Ginsberg to step down.
The Republicans have done much more than their share of capitulation and the President has poisoned the political atmosphere. So this time, they should vote down any left wing authoritarian. Perhaps Obama would nominate a libertarian with acceptability to both sides of the Senate, but that’s highly improbable.
Sen Majority Leader Mitch McConnell has just announced that the next Justice should be selected by the next President. Whether he’ll follow through…
First things first. Well done, good and faithful servant. Scalia was a helluva guy.
Perhaps it will be clearer to more people now that the guy running who actually understands the constitution and has argued successfully in front of the Supreme Court would be a really good choice for the next one appointing Supreme Court justices.
Good point there, Don. Otherwise, for decades or more, our government has generally ignored the Constitution and Bill of Rights. If a future court rules by some perverted interprtation to validate what has already been done, violating the 2nd Amendment, it does not mean we still cannot exercise a right or that a law would be passed against perhaps hundreds of millions of people.Remember, it is a pre-existing right and it would still be one to exercise according to the 9th Amendmentand according to the principles of the Declaration of Independence, which in the final analysis us up to us, ” the consent of the governed”.
“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” –Thomas Jefferson, Declaration of Independence
While BHO has said he’ll make a nomination “in due time”, he currently is in a position to make a recess appointment, should his handlers determine that the full nomination process would be to tortuous.
A recess appointment would be interesting (using the Chinese curse value of interesting)
McConnell knows, or should know, that Obama would attempt this, and should keep pro forma sessions going to avoid an actual recess.
Previously, Obama lost a SUPREME COURT case (9-0) where he made several recess appointments even though the Senate was having pro forma sessions and not technically in recess.
So what happens if he tries it again? Would the court allow his appointment in the building? What if they do? What if they don’t? Would he be sued again? Would the invalid justice recuse themselves? What if they don’t?
It’s very interesting that Obama cites the precise wording of the Constitution re: his duty to appoint a judicial replacement to SCOTUS and the Senate to consider and vote up or down. That’s wonderful! He’s reading and applying the objective wording of the Constitution– just like Scalia. So appoint someone who reads and appliesthe Constitution in the same way and all will be well. Not sure about most Democrats, but most all the Republican majority would confirm such a judge.
A recess appointment would actually be a stupid move by Obama. The recess appointment would only be good for less than two years, the seat would open up again for the next President to fill. And Obama would have lost the use of the confirmation fight to shore up the Democrat base for the election in November.
@SPQR, So a recess SCOTUS appt is temporary? Interesting, I didn’t know that. If so, it would then only make sense for Obama to get favorable rulings in some upcoming cases.
February 13th, 2016 at 7:13 pm
I’ll miss him like Reagan.
Wags say no replacement ’til after elections. We shall see; you know zero has been itching to fix the court. Will he try to get somebody through the ‘pub gauntlet? Since his goals and their actions/inactions have jibed I think he could buy some advice and consent. But if the Beast or the Donald get to nominate, I think there’d be a protracted battle; for hers what remains of real conservatives might coalesce and stonewall; for his the rinos would certainly try to exact their revenge. So what to hope for here? A lot hangs on it.
February 13th, 2016 at 7:16 pm
The Second Amendment and Heller will now be overturned 5-4.
The Constitution…it was a heck of a run.
February 13th, 2016 at 7:30 pm
Mitch McCornhole and Lyin’ Ryan will back anyone Odumbo wants. We’re screwed.
February 13th, 2016 at 7:43 pm
The first time the MSM mentions how mean it is of the R’s to delay Obama’s appointment for Scalia’s replacement, the R’s will collapse like a house of cards.
Scalia’s replacement confirmation will be the signal for Buzzy Ginsberg to step down.
February 13th, 2016 at 8:03 pm
Not an chance in Hell that the Republicans in Congress will do anything to block a BHO appointee.
Praying for his family…but the nation needs the prayers more, I think.
February 13th, 2016 at 8:31 pm
Can we even hope for Alex Kozinski?
That’s assuming the Rs fillibuster any BHO nominee, and Cruz takes office.
February 13th, 2016 at 8:35 pm
The Republicans have done much more than their share of capitulation and the President has poisoned the political atmosphere. So this time, they should vote down any left wing authoritarian. Perhaps Obama would nominate a libertarian with acceptability to both sides of the Senate, but that’s highly improbable.
Sen Majority Leader Mitch McConnell has just announced that the next Justice should be selected by the next President. Whether he’ll follow through…
February 13th, 2016 at 8:38 pm
We are so humped.
February 13th, 2016 at 8:55 pm
February 13th, 2016 at 10:00 pm
wildbill, unfortunately, only McConnell has a say — the Senate confirms, the house is uninvolved.
This may be the night remembered as the fall of the Republic.
February 13th, 2016 at 10:41 pm
Justice Eric Holder
February 13th, 2016 at 11:02 pm
Oh, shit…
February 14th, 2016 at 12:19 am
First things first. Well done, good and faithful servant. Scalia was a helluva guy.
Perhaps it will be clearer to more people now that the guy running who actually understands the constitution and has argued successfully in front of the Supreme Court would be a really good choice for the next one appointing Supreme Court justices.
February 14th, 2016 at 12:39 am
Good point there, Don. Otherwise, for decades or more, our government has generally ignored the Constitution and Bill of Rights. If a future court rules by some perverted interprtation to validate what has already been done, violating the 2nd Amendment, it does not mean we still cannot exercise a right or that a law would be passed against perhaps hundreds of millions of people.Remember, it is a pre-existing right and it would still be one to exercise according to the 9th Amendmentand according to the principles of the Declaration of Independence, which in the final analysis us up to us, ” the consent of the governed”.
February 14th, 2016 at 3:04 am
If you haven’t already started teaching your kids how to win a revolution now would be a good time to start.
February 14th, 2016 at 1:06 pm
@Alien, Yes.
“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” –Thomas Jefferson, Declaration of Independence
February 14th, 2016 at 1:11 pm
While BHO has said he’ll make a nomination “in due time”, he currently is in a position to make a recess appointment, should his handlers determine that the full nomination process would be to tortuous.
February 14th, 2016 at 1:22 pm
A recess appointment would be interesting (using the Chinese curse value of interesting)
McConnell knows, or should know, that Obama would attempt this, and should keep pro forma sessions going to avoid an actual recess.
Previously, Obama lost a SUPREME COURT case (9-0) where he made several recess appointments even though the Senate was having pro forma sessions and not technically in recess.
So what happens if he tries it again? Would the court allow his appointment in the building? What if they do? What if they don’t? Would he be sued again? Would the invalid justice recuse themselves? What if they don’t?
February 14th, 2016 at 2:04 pm
It’s very interesting that Obama cites the precise wording of the Constitution re: his duty to appoint a judicial replacement to SCOTUS and the Senate to consider and vote up or down. That’s wonderful! He’s reading and applying the objective wording of the Constitution– just like Scalia. So appoint someone who reads and appliesthe Constitution in the same way and all will be well. Not sure about most Democrats, but most all the Republican majority would confirm such a judge.
February 15th, 2016 at 5:00 pm
A recess appointment would actually be a stupid move by Obama. The recess appointment would only be good for less than two years, the seat would open up again for the next President to fill. And Obama would have lost the use of the confirmation fight to shore up the Democrat base for the election in November.
Not going to happen.
February 16th, 2016 at 12:17 pm
@SPQR, So a recess SCOTUS appt is temporary? Interesting, I didn’t know that. If so, it would then only make sense for Obama to get favorable rulings in some upcoming cases.