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Potato Salad
Oct 23, 2014

nobody cares


Appearance of impropriety basically forbids it, no?

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NinjaDebugger
Apr 22, 2008


Potato Salad posted:

Appearance of impropriety basically forbids it, no?

No, though it would likely result in him recusing himself from a fair number of cases.

Feldegast42
Oct 29, 2011

COMMENCE THE RITE OF SHITPOSTING

I think the GOP is too petty to allow Garland through in the lame duck. If they wait Hillary will have to appoint him again and he probably won't get confirmed until February or so with a Dem senate (or never with a GOP held one). Are there any important cases coming up between November and February that the GOP really don't want going 5-4?

Torrannor
Apr 27, 2013

---FAGNER---
TEAM-MATE

Feldegast42 posted:

I think the GOP is too petty to allow Garland through in the lame duck. If they wait Hillary will have to appoint him again and he probably won't get confirmed until February or so with a Dem senate (or never with a GOP held one). Are there any important cases coming up between November and February that the GOP really don't want going 5-4?

Immigration, EPA regulations?

Edit: Little Sisters of the Poor against contraceptives?

Torrannor fucked around with this message at 20:25 on Oct 19, 2016

FAUXTON
Jun 2, 2005

spero che tu stia bene

NinjaDebugger posted:

No, though it would likely result in him recusing himself from a fair number of cases.

Yeah, with lawsuits being filed against basically every breath he takes during his terms Obama's kind of going to be in a longer Kagan-style time out until all those cases get decided and even then he'd be out whenever someone funds a novel argument against something like the ACA.

Proust Malone
Apr 4, 2008

Prism posted:

There is no way that would happen.

Michelle wouldn't let it.

Wait until there's a second vacancy, appoint them both.

Dirk the Average
Feb 7, 2012

"This may have been a mistake."

Ron Jeremy posted:

Wait until there's a second vacancy, appoint them both.

Nah, then Michelle can't run in 2024.

Evil Fluffy
Jul 13, 2009

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

Main Paineframe posted:

Now that Trump's defeat is clear, he's hijacking the "vote Trump to prevent Hillary from appointing liberal SC judges" line and using a slightly modified version of it to try to motivate GOP voters to show up to the polls anyway and support downballot Republicans by saying that even if Hillary wins, Republicans can still control SC appointments as long as they hold the Senate. He probably didn't intend to be making any promises on SC nominees, which is why he walked it back so quickly - he was just trying to repurpose and retarget existing rhetoric to drive voter enthusiasm among the hardcore conservatives, and somehow managed to gently caress it up really badly

While in probably the hardest reelection of his career and not in a position where he can afford to gently caress up that badly and give his opponent such a gift. I hope to god McCain loses because gently caress him and his awful views.

Dirk the Average posted:

Nah, then Michelle can't run in 2024.

Says who?

Nissin Cup Nudist
Sep 3, 2011

Sleep with one eye open

We're off to Gritty Gritty land




Diane Reamed posted:

So you're saying there's still a chance of Supreme Court Justice Barack Obama :getin:

I want this to happen just so I can laugh at all the right wing idiots who would scream UNCONSTITUTIONAL

1337JiveTurkey
Feb 17, 2005

Alternative fantasy appointment: Michelle Obama to the 7th Circuit.

Platystemon
Feb 13, 2012

BREADS

1337JiveTurkey posted:

Alternative fantasy appointment: Michelle Obama to the 7th Circuit.

I wouldn’t wish that on my worst enemy.

euphronius
Feb 18, 2009

Michelle has never been a judge.

You want someone with trial experience optimally.

1337JiveTurkey
Feb 17, 2005

Platystemon posted:

I wouldn’t wish that on my worst enemy.

True, but it's about the only way you're going to get an Obama appointed to a federal court which is what all the hypothetical Barack Obama for SCOTUS posts are looking for.

Charlz Guybon
Nov 16, 2010

Potato Salad posted:

Appearance of impropriety basically forbids it, no?

Taft was appointed to the court after being President.

FAUXTON
Jun 2, 2005

spero che tu stia bene

Charlz Guybon posted:

Taft was appointed to the court after being President.

Eight years after his administration ended.

FAUXTON fucked around with this message at 01:03 on Oct 20, 2016

Proust Malone
Apr 4, 2008

Charlz Guybon posted:

Taft was appointed to the court after being President.

Likewise, Earl Warren was Governor of California and his appointment was nakedly political.

duz
Jul 11, 2005

Come on Ilhan, lets go bag us a shitpost


RBG gets a new job.

quote:

On November 12th, and for one night only, Supreme Court Justice Ruth Bader Ginsburg will portray the Duchess of Krakenthorp in the Washington National Opera's production of "The Daughter of the Regiment."

Mors Rattus
Oct 25, 2007

FATAL & Friends
Walls of Text
#1 Builder
2014-2018

Of course she's an accomplished opera singer. Why wouldn't she be?

Prism
Dec 22, 2007

yospos

Mors Rattus posted:

Of course she's an accomplished opera singer. Why wouldn't she be?

It's a non-singing (but speaking!) role :ssh:

Capt. Sticl
Jul 24, 2002

In Zion I was meant to be
'Doze the homes
Block the sea
With this great ship at my command
I'll plunder all the Promised Land!

duz posted:

RBG gets a new job.

This is the first time I've actually been upset about Scalia's death. I may have hated his jurisprudence, but I think he would have enjoyed seeing his friend in the opera.


vvvv Did not know that. I'm glad they got to share it.

Capt. Sticl fucked around with this message at 14:28 on Oct 22, 2016

WhiskeyJuvenile
Feb 15, 2002

by Nyc_Tattoo

Capt. Sticl posted:

This is the first time I've actually been upset about Scalias death. I may have hated his jurisprudence, but I think he would have enjoyed seeing his friend in the opera.

they had a cameo together in 2009

Goatman Sacks
Apr 4, 2011

by FactsAreUseless

Capt. Sticl posted:

This is the first time I've actually been upset about Scalia's death. I may have hated his jurisprudence, but I think he would have enjoyed seeing his friend in the opera.

please don't' humanize fascists.

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

Goatman Sacks posted:

please don't' humanize fascists.

He was a shitbag but I am 98% 90% sure he wasn't a fascist.

Rygar201
Jan 26, 2011
I AM A TERRIBLE PIECE OF SHIT.

Please Condescend to me like this again.

Oh yeah condescend to me ALL DAY condescend daddy.


This article on Samuel "Concerned Alumnus" Alito seems like something readers of this thread would appreciate

Knockknees
Dec 21, 2004

sprung out fully formed

Rygar201 posted:

This article on Samuel "Concerned Alumnus" Alito seems like something readers of this thread would appreciate

It is an interesting read.

Jealous Cow
Apr 4, 2002

by Fluffdaddy
Hasn't the senate held a 40 second session every 3 days for a while to avoid ever being in recess?

Or is that a story liberal twitter is spreading sound?

Goatman Sacks
Apr 4, 2011

by FactsAreUseless

Jealous Cow posted:

Hasn't the senate held a 40 second session every 3 days for a while to avoid ever being in recess?

Or is that a story liberal twitter is spreading sound?

This has been done by both parties for a decade ever since W appointed Bolton to be UN Ambassador in recess.

Platystemon
Feb 13, 2012

BREADS

Jealous Cow posted:

Hasn't the senate held a 40 second session every 3 days for a while to avoid ever being in recess?

Or is that a story liberal twitter is spreading sound?

I don’t know the specific time periods, but that’s the basic idea behind pro forma sessions, and yes, they happen all the time.

OJ MIST 2 THE DICK
Sep 11, 2008

Anytime I need to see your face I just close my eyes
And I am taken to a place
Where your crystal minds and magenta feelings
Take up shelter in the base of my spine
Sweet like a chica cherry cola

-Cheap Trick

Nap Ghost

Jealous Cow posted:

Hasn't the senate held a 40 second session every 3 days for a while to avoid ever being in recess?

Or is that a story liberal twitter is spreading sound?

NRLB v. Canning

yes, the skinny of it is that the President does not have the power to declare the Congress in recess, and they are in charge of setting those rules (with the exception of the constitutionally mandated break in sessions at the end of the year)

OJ MIST 2 THE DICK fucked around with this message at 15:32 on Oct 28, 2016

Rygar201
Jan 26, 2011
I AM A TERRIBLE PIECE OF SHIT.

Please Condescend to me like this again.

Oh yeah condescend to me ALL DAY condescend daddy.


NLRB v Canning was bad.

This has been my hot take.

Goatman Sacks
Apr 4, 2011

by FactsAreUseless

Rygar201 posted:

NLRB v Canning was bad.

This has been my hot take.

I'm not a law-ologist, but as a layperson Obama really seemed to overstep his bounds with those appointments. Sure GOP obstruction on the issue was bullshit, but it seemed like he was in a clearly defined constitutional corner on the issue.

Platystemon
Feb 13, 2012

BREADS

Rygar201 posted:

NLRB v Canning was bad.

This has been my hot take.

It was a 9‐0.

Obstructionism is really dumb, but maybe Congress is in the right here, legally speaking.

axeil
Feb 14, 2006

Platystemon posted:

It was a 9‐0.

Obstructionism is really dumb, but maybe Congress is in the right here, legally speaking.

Yeah, the issue is the Constitution doesn't really have a remedy for "acting in bad faith."


Well I guess you could impeach people but iirc, only the Legislature can do impeachment so you'd have to have it impeach itself.

Rygar201
Jan 26, 2011
I AM A TERRIBLE PIECE OF SHIT.

Please Condescend to me like this again.

Oh yeah condescend to me ALL DAY condescend daddy.


When did recess appointments become unconstitutional? Teddy Roosevelt once appointed an official while the Senate was at lunch. Personally, I think the court should have punted on political question. The Congress has remedies for such executive over reach.

Mr. Nice!
Oct 13, 2005

bone shaking.
soul baking.

Rygar201 posted:

When did recess appointments become unconstitutional?

When the black guy tried to do it.


But seriously congress should not be "in session" when they do not have a quorum, imo, excepting weekends and holidays during a regular or special session. Just keeping one person in the building to turn the lights on shouldn't count.

Mors Rattus
Oct 25, 2007

FATAL & Friends
Walls of Text
#1 Builder
2014-2018

Rygar201 posted:

When did recess appointments become unconstitutional? Teddy Roosevelt once appointed an official while the Senate was at lunch. Personally, I think the court should have punted on political question. The Congress has remedies for such executive over reach.

They're not. Declaring the Senate in recess on your own apparently is.

OJ MIST 2 THE DICK
Sep 11, 2008

Anytime I need to see your face I just close my eyes
And I am taken to a place
Where your crystal minds and magenta feelings
Take up shelter in the base of my spine
Sweet like a chica cherry cola

-Cheap Trick

Nap Ghost

Rygar201 posted:

When did recess appointments become unconstitutional? Teddy Roosevelt once appointed an official while the Senate was at lunch. Personally, I think the court should have punted on political question. The Congress has remedies for such executive over reach.

Roosevelt did it during lunch, but it was a lunch that took place after the Congress gaveled out a special session he called, and before they gaveled in a new session they were starting.

Woof Blitzer
Dec 29, 2012

[-]
Packingham v. North Carolina has got to be the most ridiculous thing I have ever seen, and it's an election year.

PhazonLink
Jul 17, 2010
Should have asked here first. So what's the forecast on the transgender case?

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Subjunctive
Sep 12, 2006

✨sparkle and shine✨

SCOTUS just stayed an execution (Arkansas) -- isn't that super rare? What happened this time?

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