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Subjunctive
Sep 12, 2006

✨sparkle and shine✨

euphronius posted:

This is a major crisis and something dramatic would happen at 2.

We're at step two right now.

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euphronius
Feb 18, 2009

Subjunctive posted:

We're at step two right now.

Obama hasn't nominated anyone.

computer parts
Nov 18, 2010

PLEASE CLAP

Three Olives posted:

Also Republicans would be wise to remember that it is very conceivable that Hillary takes the White House and Democrats take the Senate leading to a much more liberal appointment than Obama is likely to try and get past through the current Senate.

Nah, Obama's pulling from the same list as Hillary pretty much no matter what. The only exception is if the Dover Trial guy got put up I guess.

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

euphronius posted:

Obama hasn't nominated anyone.

Duh.

euphronius
Feb 18, 2009


Right so we are at step one.

BobTheJanitor
Jun 28, 2003

Thwomp posted:

born of a necessity to protest the will of the American people

Not sure if this is a typo or intentional, but either way it's great. But to be fair, the original letter actually says 'protect the will'.

EwokEntourage
Jun 10, 2008

BREYER: Actually, Antonin, you got it backwards. See, a power bottom is actually generating all the dissents by doing most of the work.

SCALIA: Stephen, I've heard that speed has something to do with it.

BREYER: Speed has everything to do with it.
I don't think the republicans are gonna give a poo poo about what the guy that upheld obamacare is going to say

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

euphronius posted:

Right so we are at step one.

Sorry, yeah, that "duh" was directed at myself.

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK

computer parts posted:

Nah, Obama's pulling from the same list as Hillary pretty much no matter what. The only exception is if the Dover Trial guy got put up I guess.

While they probably have the same general list, the composition of the Senate does affect who exactly they nominate. A Democratic Senate means they have to care less about politics and can put someone closer to their ideal, who would probably be more liberal. The only reason Obama may nominate a particularly liberal nominee in the current environment is that the Republicans aren't giving him much of an option other than a liberal for Bernie and Hillary to hang a campaign on. If the Republicans were willing to actually do their job, they'd likely get a much more moderate nominee to consider.

Ogmius815
Aug 25, 2005
centrism is a hell of a drug

Jesus why publish a letter like that? Why not just hold hearings and vote down the nominee? I don't understand what McConnell thinks he's getting out of this. He must be concerned that enough members of his conference would support a moderate to confirm.

Eggplant Squire
Aug 14, 2003


Yeah I thought the Senate was supposed to be the "grown up" house of Congress where people respected the various processes. The kind of naked obstruction we've been seeing in the last six to eight years seems like it's setting a bad president should the other party get into power and suddenly you want all that back.

alnilam
Nov 10, 2009

Ogmius815 posted:

Jesus why publish a letter like that? Why not just hold hearings and vote down the nominee? I don't understand what McConnell thinks he's getting out of this. He must be concerned that enough members of his conference would support a moderate to confirm.

Because it's a public way to be tough guys about standing up to that mean old tyrant Obama. Their electorate probably knows the supreme court mostly as "the thing that gave the gays marriage" and only want to hear that whatever Obama is doing about it, they won't let him.

Wax Dynasty
Jan 1, 2013

This postseason, I've really enjoyed bringing back the three-inning save.


Hell Gem

Ogmius815 posted:

Jesus why publish a letter like that? Why not just hold hearings and vote down the nominee? I don't understand what McConnell thinks he's getting out of this. He must be concerned that enough members of his conference would support a moderate to confirm.

It's to protect the incumbents from primary challenges, that's all. It's to prevent any possible criticism that they are showing "weakness" or "caving" to Obama.

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

Ogmius815 posted:

Jesus why publish a letter like that? Why not just hold hearings and vote down the nominee? I don't understand what McConnell thinks he's getting out of this. He must be concerned that enough members of his conference would support a moderate to confirm.

Yeah, if I were them I would grandstand in the confirmation, let Obama burn a nominee, and vote it down at the end.

Deteriorata
Feb 6, 2005

Subjunctive posted:

Yeah, if I were them I would grandstand in the confirmation, let Obama burn a nominee, and vote it down at the end.

Best result is for Republicans to grandstand and stall all summer, have the people react negatively and vote the Senate back to the Democrats, then in January after the new Senate is seated Obama can pull his original nominee and go with someone young and super liberal, whom the Senate confirms before Jan. 21.

Evil Fluffy
Jul 13, 2009

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

Radish posted:

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."

They're separating Obama from his office's powers :pseudo:

SousaphoneColossus posted:

I don't think anyone is disagreeing that it's a blatantly political dick move that breaks with tradition, but I'm not seeing a) a specific, enforceable Constitutional imperative for the Senate to do anything or b) a real electoral downside to them blocking a nominee from even getting a vote. The nuances of SCOTUS appointment procedures, like the difference between blocking or allowing a nomination on the committee level vs. proceeding to a full Senate vote, are probably lost on most voters.

The electoral downside is that it's negating part of the decision of voters in the 2012 election because the GOP is hoping and praying to win the White House so they can install Justice Moore or some other theocratic shitlord to carry on Scalia's dark works.

Three Olives posted:

I wonder about a hypothetical where the left wing with or without Kenedy, perhaps even Roberts writes a letter to Senate Republicans essentially saying that this is bullshit, that the president has a duty and a responsibility to appoint a successor during his time in office and the Senate has a duty and responsibility to hold a hearing, then you end up with a situation where two branches and a fair chunk of the third is telling Senate Republicans to knock this obstructionist bullshit off and Republicans have to decide if they want to look like obstructionist bullies going into the election or just try and quickly confirm and try and sweep this under the rug.

Doing this would, in the eyes of the right wing, just confirm to them that Roberts has gone Full RINO and is now a liberal judicial activist. Though as I've said before: I'm all for Roberts being driven to the breaking point by the right wing fringe and having it cause him to snap and whip to the left. He won't, but it's fun to dream.

Three Olives posted:

Also Republicans would be wise to remember that it is very conceivable that Hillary takes the White House and Democrats take the Senate leading to a much more liberal appointment than Obama is likely to try and get past through the current Senate.

Dems taking the Senate is a hell of a lot less likely than the GOP winning the White House and don't kid yourself in to thinking otherwise.

Ogmius815 posted:

Jesus why publish a letter like that? Why not just hold hearings and vote down the nominee? I don't understand what McConnell thinks he's getting out of this. He must be concerned that enough members of his conference would support a moderate to confirm.

He's concerned about getting primaried and losing his seat. The upside of this published letter is that Obama can openly take them to task right now if he wants to and if the GOP seriously manages to stonewall a SCOTUS nomination for the rest of the year and the Dems can't capitalize enough to take the White House and maybe gain/protect a few seats in Congress then we as a nation deserve the Trumpocracy.

Kazak_Hstan
Apr 28, 2014

Grimey Drawer
It should not surprise anyone republicans in congress are overplaying their hand.

If they said they will hold hearings and consider a nominee, they could keep that charade going until the summer, then vote the nominee down, at which point it probably is too late to start over. They could consider the nominee to death, and get all the grandstanding they want. There are even decent odds they could win the messaging war with such an approach, it would just depend on whose framing of the nominee crystallized first. Instead, this 100% obstructionism out of the gate will play poorly.

Pretty much every time they have stomped their feet and taken their ball home it has played poorly to a national audience and well to their base. That works in off year elections but not presidential years.

hangedman1984
Jul 25, 2012


Is there any chance that was a typo for 'protect', or are they literally saying "gently caress the voters"?

Edit: read the thing, it does say protect, even if protest is more accurate

hangedman1984 fucked around with this message at 00:25 on Feb 24, 2016

euphronius
Feb 18, 2009

Maybe I'm naive and dumb but I still think the GOP is just staking out a negotiating position.

They can't actually see this through.

Kawasaki Nun
Jul 16, 2001

by Reene
Edit: I'm the idiot

Ogmius815
Aug 25, 2005
centrism is a hell of a drug

euphronius posted:


They can't actually see this through.

sure they can. I doubt it'll help them, but it isn't beyond the realm of the possible.

Twinty Zuleps
May 10, 2008

by R. Guyovich
Lipstick Apathy

hangedman1984 posted:

Is there any chance that was a typo for 'protect', or are they literally saying "gently caress the voters"?

Edit: read the thing, it does say protect, even if protest is more accurate

protect these voters

protest those voters

Kazak_Hstan
Apr 28, 2014

Grimey Drawer

euphronius posted:

Maybe I'm naive and dumb but I still think the GOP is just staking out a negotiating position.

They can't actually see this through.

I guess they're not saying never not in a million years this is written in stone and we promise we will never ever reconsider, so it's plausible, but it seems like if they expect to negotiate this out they are guaranteeing they will look like they caved. Or at least, their alternatives are either be unhustiably obstructionist or get rolled by Obama. Neither really sounds like a victory condition.

patentmagus
May 19, 2013

Kazak_Hstan posted:

Pretty much every time they have stomped their feet and taken their ball home it has played poorly to a national audience and well to their base. That works in off year elections but not presidential years.

Being that myself and quite a few of my friends are nominally in the republican base - I assure you that it is not and has not played well. It pisses us off to the point where we seriously consider Sanders or an outsider just because :flame:

euphronius posted:

Maybe I'm naive and dumb but I still think the GOP is just staking out a negotiating position.

They can't actually see this through.

I hope your right, but they've shot themselves in the foot already.

Lemming
Apr 21, 2008

Kazak_Hstan posted:

It should not surprise anyone republicans in congress are overplaying their hand.

If they said they will hold hearings and consider a nominee, they could keep that charade going until the summer, then vote the nominee down, at which point it probably is too late to start over. They could consider the nominee to death, and get all the grandstanding they want. There are even decent odds they could win the messaging war with such an approach, it would just depend on whose framing of the nominee crystallized first. Instead, this 100% obstructionism out of the gate will play poorly.

Pretty much every time they have stomped their feet and taken their ball home it has played poorly to a national audience and well to their base. That works in off year elections but not presidential years.

It doesn't help the party but it does help them individually. They'd get primary'd if they appeared open to compromise. This is a hole they've dug themselves into.

Crabtree
Oct 17, 2012

ARRRGH! Get that wallet out!
Everybody: Lowtax in a Pickle!
Pickle! Pickle! Pickle! Pickle!

Dinosaur Gum
Its getting to the point where I'm wondering if Congress wants assassination attempts just so they can have grounds to outlaw Democrats. They really can't even be bothered to play the game, deny the appointee and win?

Goatse James Bond
Mar 28, 2010

If you see me posting please remind me that I have Charlie Work in the reports forum to do instead

Lemming posted:

It doesn't help the party but it does help them individually. They'd get primary'd if they appeared open to compromise. This is a hole they've dug themselves into.

Ah, game theory. :allears:

Proust Malone
Apr 4, 2008

Playing the devils advocate, advice and consent should mean that the choice of justice is one that is acceptable to both parties. Nomination and confirmation frames it in a particular way, but really it should just be joint consent. Obama should respect the results of the midterm and the republican controlled senate and find someone acceptable to the republican senate.

Both parties are holding out assuming they'll win both the senate and he White House or at very least taking the easy way out and kicking the crisis can down the road.

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

Ron Jeremy posted:

Obama should respect the results of the midterm and the republican controlled senate and find someone acceptable to the republican senate.

Obama couldn't put Scalia II on the court right now, because they won't consider nominees.

Supercar Gautier
Jun 10, 2006

I don't think it's fair to say that both parties are holding out or kicking the can, though? As far as I'm aware, Obama's sincerely reviewing options and won't be taking too long to announce his nominee.

Evil Fluffy
Jul 13, 2009

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

euphronius posted:

Maybe I'm naive and dumb but I still think the GOP is just staking out a negotiating position.

They can't actually see this through.

The party that actually forced a government shutdown and was only saved by a combination of our lovely media and the healthcare.gov website killing itself? They can easily see this through. There is no way the powerbrokers behind the GOP want Obama appointing a new justice unless they know it'll be heavily pro-business at the very least, and that's not enough to placate the fringe base who will primary them regardless.

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK

Ron Jeremy posted:

Playing the devils advocate, advice and consent should mean that the choice of justice is one that is acceptable to both parties. Nomination and confirmation frames it in a particular way, but really it should just be joint consent. Obama should respect the results of the midterm and the republican controlled senate and find someone acceptable to the republican senate.

Both parties are holding out assuming they'll win both the senate and he White House or at very least taking the easy way out and kicking the crisis can down the road.

The President nominates someone who they believe is both worthy of the bench and will get a majority vote from the Senate. Despite all the bluster, if the Judicial Committee were to hold actual hearings on an Obama nominee and the nominee were actually put to a vote, that nominee is highly likely to be accepted. There are at least 4 Republicans who aren't going to vote against a qualified nominee, if put on the spot, just because they don't like Obama and then Diamond Joe breaks the tie.

As it is now the Senate won't even consider alternate universe Scalia, who is identical to our Scalia only he is 26 and a fitness nut.

TheOneAndOnlyT
Dec 18, 2005

Well well, mister fancy-pants, I hope you're wearing your matching sweater today, or you'll be cut down like the ugly tree you are.

Evil Fluffy posted:

The party that actually forced a government shutdown and was only saved by a combination of our lovely media and the healthcare.gov website killing itself? They can easily see this through.
I'm not so sure about this though. As others have mentioned, this time around is an election year, and that means politics is what people are seeing and talking about basically every night. Once Obama nominates a candidate, anything either he or any of the presidential candidates say about that person is going to be national news, and as long as the vacancy remains open, it's going to stay that way. The Republicans could hope that people would forget about the government shutdown after it ended, but they're not going to forget about a vacancy on the Supreme Court.

Now, is that going to be enough to get the Republicans to cave? I don't know, but acting like everyone's just going to let them off the hook and forget about it is a bit short-sighted.

RACHET
Dec 29, 2014

by exmarx

TheOneAndOnlyT posted:

I'm not so sure about this though. As others have mentioned, this time around is an election year, and that means politics is what people are seeing and talking about basically every night. Once Obama nominates a candidate, anything either he or any of the presidential candidates say about that person is going to be national news, and as long as the vacancy remains open, it's going to stay that way. The Republicans could hope that people would forget about the government shutdown after it ended, but they're not going to forget about a vacancy on the Supreme Court.

Now, is that going to be enough to get the Republicans to cave? I don't know, but acting like everyone's just going to let them off the hook and forget about it is a bit short-sighted.

Most republicans think are they are doing God's work.

eviltastic
Feb 8, 2004

Fan of Britches
e: ignore, point was already made.

patentmagus
May 19, 2013

Evil Fluffy posted:

TThere is no way the powerbrokers behind the GOP want Obama appointing ...

It's the same power brokers behind parties.

evilweasel
Aug 24, 2002

patentmagus posted:

It's the same power brokers behind parties.

it's not

patentmagus
May 19, 2013


Is to.

corn in the bible
Jun 5, 2004

Oh no oh god it's all true!

patentmagus posted:

It's the same power brokers behind parties.

you dont know much about the kochs huh

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patentmagus
May 19, 2013

corn in the bible posted:

you dont know much about the kochs huh

Yes, they play the same role for the left wing that Soros and Bloomberg play for the right wing.

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