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Mitt Romney
Nov 9, 2005
dumb and bad
I completely agree with you guys but you got to agree that politically it undermines Obama a bit, can't be explained away simply.

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Lyapunov Unstable
Nov 20, 2011

Mitt Romney posted:

I completely agree with you guys but you got to agree that politically it undermines Obama a bit, can't be explained away simply.
I mean, it can be explained away as easily as McConnell flip flopping since 2008.

evilweasel
Aug 24, 2002

Mitt Romney posted:

I completely agree with you guys but you got to agree that politically it undermines Obama a bit, can't be explained away simply.

Definitely true. That said, I think that Kirk defecting from the Republican blockade is a bigger deal because it allows Obama to say "bipartisan support" over and over when talking about how his nominee should get a vote.

Unzip and Attack
Mar 3, 2008

USPOL May

Mitt Romney posted:

I completely agree with you guys but you got to agree that politically it undermines Obama a bit, can't be explained away simply.

You act as if it matters for the GOP to have internally consistent ideas or talking points. The right wing base doesn't care either way, they will screech just as loud.

HUGE PUBES A PLUS
Apr 30, 2005

So some lawyer says there's no problem letting Scalia rule on pending supreme court cases from the grave

Arizona attorney and necromancer Kory Langhofer posted:

With no apparent sarcasm, an Arizona attorney on Sunday proposed that the late Justice Antonin Scalia's votes in cases pending before the Supreme Court should still count even though he died before the court issued its rulings.

"There’s no Ouija board required to figure out how Justice Scalia would vote on these things, he’s already voted," attorney Kory Langhofer said during a discussion on Phoenix, Arizona, television station KPNX. "We're at the second-to-last step in how these cases unfold when Justice Scalia died."

Langhofer explained that the justices have already heard some cases, discussed them and taken an initial vote. He said that Scalia may have even written a draft opinion before he passed away.

"We know exactly what he thought. And it’s not unprincipled to say we should give affect to that," he said.

Langhofer then compared the situation to the death of a senator after a close vote.

"Think about it in the legislative context. If you had the closest vote possible — 50-50 senators, evenly divided, the Vice President casts the decisive vote," he said. "Before the President signs it, if one of the senators dies, what do you do? It’s the same thing here."

Another Arizona attorney on the panel, Thomas Ryan, thought Langhofer's proposal was a little far-fetched.

"That’s an interesting theory," he said. "Justices, after they do the conferences can also change their minds."

"The general rule is: dead justices don’t vote," Ryan added. "I mean, that sounds cruel, but that’s it."

Langhofer did not back down, however.

"Don’t you think that’s incredibly speculative though?" he asked Ryan. "They virtually never change their minds. It almost never happens."

Ryan ultimately called Langhofer's theory "problematic."

"If they come out with a decision, and they say this is the way Scalia voted or he would have signed off on this opinion, there will always be some doubt or question as to whether or not that really was the case," he said.

Langhofer is a prominent election law attorney in Arizona who has said he’s "no fan of government." He rose to prominence when he was appointed as the special counsel in an ethics case against a state senator who was accused of domestic violence, according to the Arizona Capital Times. He then served in the U.S. Attorney’s office and worked as a lawyer for Mitt Romney’s 2012 campaign.

https://www.youtube.com/watch?v=aGX_YaYLXk8

Platystemon
Feb 13, 2012

BREADS
I want the GOP to try to push this, because there’s no way it goes over well.

FAUXTON
Jun 2, 2005

spero che tu stia bene

Arizona, quelle surprise.

alnilam
Nov 10, 2009

Of course he's "no fan of government" but wants a big government conservative justice to get procedural pseudo-votes from beyond the grave. So-called small-gov people are unprincipled fuckheads.

FAUXTON
Jun 2, 2005

spero che tu stia bene

If you liked the cadaver synod then you're gonna fuckin' love this.

Eggplant Squire
Aug 14, 2003


Saying basically that "we know exactly how he would have ruled so we should really just be able to rubber stamp the rulings we wanted like he would have" is probably the most insulting thing I've heard said about Scalia.

FAUXTON
Jun 2, 2005

spero che tu stia bene

Radish posted:

Saying basically that "we know exactly how he would have ruled so we should really just be able to rubber stamp the rulings we wanted like he would have" is probably the most insulting thing I've heard said about Scalia.

Granted it's kind of accurate. 4th amendment stuff (excluding the bedroom and maybe weed) is his autobahn, the rest is "HMM YES HOW lovely CAN I GET ABOUT THIS QUESTION"

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

FAUXTON posted:

If you liked the cadaver synod then you're gonna fuckin' love this.

Reached from the great beyond, Reagan agreed. "That's just responsible governance."

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK
Why can't I vote for by dead grandmother? I know exactly how she was planning on voting and know she wouldn't have changed her mind. I really don't see the difference between her dying in October then my voting for her in November and her voting in November then dying in December.

HUGE PUBES A PLUS
Apr 30, 2005

Showed this to my high school civics class for discussion and a couple of students informed me that ouija boards really work.

Eggplant Squire
Aug 14, 2003


We had a seance to get Scalia to rule on this case and gently caress over some people but we got Thurgood Marshall by accident oh no!

Obdicut
May 15, 2012

"What election?"

HUGE PUBES A PLUS posted:

Showed this to my high school civics class for discussion and a couple of students informed me that ouija boards really work.

Tell them Hasbro own the Ouija Board copyright.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.

HUGE PUBES A PLUS posted:

Showed this to my high school civics class for discussion and a couple of students informed me that ouija boards really work.

Did you let them know your Ouja point pointed to an F for their grades?

citybeatnik
Mar 1, 2013

You Are All
WEIRDOS




Radish posted:

We had a seance to get Scalia to rule on this case and gently caress over some people but we got Thurgood Marshall by accident oh no!

:golfclap:

StandardVC10
Feb 6, 2007

This avatar now 50% more dark mode compliant

FAUXTON posted:

Arizona, quelle surprise.

Sell Arizona back to Mexico and use the proceeds to build a wall around it, IMO.

corn in the bible
Jun 5, 2004

Oh no oh god it's all true!
in a 75-37 decision, the supreme court has decided that female suffrage is unconstitutional

axeil
Feb 14, 2006

Evil Fluffy posted:

Did you let them know your Ouja point pointed to an F for their grades?

Should do this

Drogue Chronicle
Feb 23, 2016

by Cowcaster

corn in the bible posted:

in a 75-37 decision, the supreme court has decided that female suffrage is unconstitutional

Just because something is a bad idea doesn't mean it's unconstitutional. That's why women needed Scalia on the court.

mcmagic
Jul 1, 2004

If you see this avatar while scrolling the succ zone, you have been visited by the mcmagic of shitty lib takes! Good luck and prosperity will come to you, but only if you reply "shut the fuck up mcmagic" to this post!
it's kinda depressing that such a outrageous hijacking of democracy as the GOP Senate is engaged in is pretty much just a ho hum process story...

Eggplant Squire
Aug 14, 2003


I'm curious if they are just going to keep it up if the Democrats keep the presidency for another four years. It's about as legitimate as what they are doing now.

Drogue Chronicle
Feb 23, 2016

by Cowcaster

mcmagic posted:

it's kinda depressing that such a outrageous hijacking of democracy as the GOP Senate is engaged in is pretty much just a ho hum process story...

How are they hijacking democracy? Did they cancel the next election? Were all the key people appointed to a vacancy?

Drogue Chronicle
Feb 23, 2016

by Cowcaster

Radish posted:

I'm curious if they are just going to keep it up if the Democrats keep the presidency for another four years. It's about as legitimate as what they are doing now.

See also: the budget wars. If their constituents really don't like it, they can vote them out.

Jarmak
Jan 24, 2005

Drogue Chronicle posted:

How are they hijacking democracy? Did they cancel the next election? Were all the key people appointed to a vacancy?

By ignoring the result of the presidential election

Lyapunov Unstable
Nov 20, 2011

Drogue Chronicle posted:

How are they hijacking democracy? Did they cancel the next election? Were all the key people appointed to a vacancy?
You're right, they're just cancelling some of the outcomes of democracy, which is totally different. As long as people are casting ballots, we can rest assured that democracy is happening.

Drogue Chronicle
Feb 23, 2016

by Cowcaster
They can't prevent the president from using his elected power to appoint someone. He can't prevent them from exercising their elected power to act, or not, within the laws and senate rules. And they're doing that?

Eggplant Squire
Aug 14, 2003


Like I said, just keeping the SCOTUS as a permanent eight (or less) members for as long as they control the senate is as legitimate as saying we need to wait for the next person. They should just be honest that they are doing it in order to stop all nomination processes instead of trying to frame it as leaving it to the people that have already spoken.

Proust Malone
Apr 4, 2008

Drogue Chronicle posted:

See also: the budget wars. If their constituents really don't like it, they can vote them out.

Provided they can get to the polls on a weekday since Sunday voting is shut down, and with the proper documentation because voting fraud is everywhere, and then wait in a four hour line because your Precinct has poo poo machines and too few of them to boot.

But yeah. Democracy and poo poo.

patentmagus
May 19, 2013

Jarmak posted:

By ignoring the result of the presidential election

Please explain.

razorrozar
Feb 21, 2012

by Cyrano4747

patentmagus posted:

Please explain.

They're claiming that the legally elected head of the executive branch of the government doesn't have the right to exercise powers specifically granted him by the document that established the government, because he happens to be in office for the final year.

"Let the American people decide who they want to pick the next justice" ignores the fact that they did exactly that when they elected Obama just over three years ago.

Drogue Chronicle
Feb 23, 2016

by Cowcaster
That's just marketing, though. The constitutional reality is they don't have to approve anyone.

patentmagus
May 19, 2013

razorrozar posted:

They're claiming that the legally elected head of the executive branch of the government doesn't have the right to exercise powers specifically granted him by the document that established the government, because he happens to be in office for the final year.

"Let the American people decide who they want to pick the next justice" ignores the fact that they did exactly that when they elected Obama just over three years ago.

Which powers are they preventing Obama from exercising? People keep saying this but no one has been able to tell me.

Also, you claimed they are ignoring the results of a presidential election. Are you talking about Al Gore back in 2000?

Thwomp
Apr 10, 2003

BA-DUHHH

Grimey Drawer

patentmagus posted:

Which powers are they preventing Obama from exercising? People keep saying this but no one has been able to tell me.

So we're going to be purposefully pedantic? Goons, what a shock.

Not even allowing a nominee to be heard by the Senate Judicial Committee is de facto denial of the President's power to nominate Justices.

Arsenic Lupin
Apr 12, 2012

This particularly rapid💨 unintelligible 😖patter💁 isn't generally heard🧏‍♂️, and if it is🤔, it doesn't matter💁.


patentmagus posted:

Which powers are they preventing Obama from exercising? People keep saying this but no one has been able to tell me.

Article II of the Constitution, section 2.

quote:

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

It says "advice and consent". It does not say "refusing to give such advice by bottling up the appointment in committee", which is what the Republicans are threatening. It also does not say "Unless it's the last year of his Presidency, in which case he loses the following executive powers".

patentmagus
May 19, 2013

Oh BS. It's two branches of the government doing the separation of powers thing. Separation of powers is a good thing.

patentmagus fucked around with this message at 21:13 on Feb 23, 2016

Thwomp
Apr 10, 2003

BA-DUHHH

Grimey Drawer

patentmagus posted:

Oh BS. It's two branches of the government doing the separation of powers thing. Separation of powers is a good thing.

No, it's one branch doing it's constitutionally guaranteed bit and the other branch refusing to do its part.

It'd be one thing if Republicans were holding hearings and voting down any nominees Obama appointed to run out the clock.

It's another thing to not even hold a hearing and refuse any appointments by fiat. This is what's happening. It's disingenuous at best.

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Eggplant Squire
Aug 14, 2003


Saying that you won't even consider any of a president's nominations regardless of quality because you hope to win an election after he's gone in a year is an interesting way of interpreting "separation of powers."

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