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hangedman1984
Jul 25, 2012

Kloaked00 posted:

You know, with the election so recent, and because there's so much you have to learn and become used to when one becomes President, there really shouldn't be any Supreme Court Justice nominations for at least the first two years. You know, that way it can get the full attention it deserves.

Cut to two years from now:
"You know, with the election only two years away we really should wait and make sure the American people are able to have their voices heard."
"gently caress you republicans, you started this poo poo"

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Mr. Nice!
Oct 13, 2005

c-spam cannot afford



hangedman1984 posted:

Cut to two years from now:
"You know, with the election only two years away we really should wait and make sure the American people are able to have their voices heard."
"gently caress you republicans, you started this poo poo"

That would be cool and good if democrats could actually block anything.

hobbesmaster
Jan 28, 2008

McConnell will go nuclear no matter what, it doesn't matter how much the democrats disagree.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford



Anyone who somehow still hasn't accepted it otherwise, we're getting Justice Thiel or some other analogue whether you like it or not. Trump's SCOTUS nominee is going to the bench and there's no way to actually hold it up.

susan b buffering
Nov 14, 2016

It'd be nice for the Democrats to at least try, though.

Subjunctive
Sep 12, 2006

✨sparkle and shine✨

skull mask mcgee posted:

It'd be nice for the Democrats to at least try, though.

And break character?

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
But if the Democrats don't go along with it then it won't give Trump and the GOP the veneer of bipartisan legitimacy the country needs! :ohdear:


The Dems do need to fight it as loudly as possible but they won't, because deep down many of them simply don't care.

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!

hobbesmaster posted:

McConnell will go nuclear no matter what, it doesn't matter how much the democrats disagree.

So at least make him do it.

Agnosticnixie
Jan 6, 2015
"We think it's best if we do the republicans' job for them as it shows how good we are at administrating the union"

You know and not because a significant part of dem congressmen are rent seeking cowards or worse.

Lemming
Apr 21, 2008
https://www.nytimes.com/2017/01/24/us/politics/supreme-court-nominees-trump.html

quote:

One, Judge William H. Pryor Jr. of the federal appeals court in Atlanta, is a former Alabama attorney general, a graduate of Tulane’s law school and an outspoken opponent of abortion and gay rights.

The other, Judge Neil M. Gorsuch of the federal appeals court in Denver, is a graduate of Columbia, Harvard and Oxford University, a former clerk to two Supreme Court justices and a former Justice Department official.

How bad is this?

Nissin Cup Nudist
Sep 3, 2011

Sleep with one eye open

We're off to Gritty Gritty land





Pryor is an awful pick

Never heard of the other guy

hangedman1984
Jul 25, 2012


I just keep telling myself that he's replacing scalia. And praying RBG manages to hold out for at least 4 more years.

Leon Trotsky 2012
Aug 27, 2009

YOU CAN TRUST ME!*


*Israeli Government-affiliated poster
Trump's SC shortlist is down to three. No final choice has been made yet.

quote:

Thomas Hardiman

Current position: Federal appellate judge (Third Circuit Court of Appeals)

Why Trump picked him: Donald Trump's been known to say that "the police in our country do not get respect." That is assuredly not Thomas Hardiman's fault.

On the Third Circuit, Hardiman has consistently sided with law enforcement against defendants and inmates. He ruled that a policy of strip-searching jail inmates didn't violate the Fourth Amendment's protections against unreasonable search (an opinion the Supreme Court upheld). He's also written, in dissent, that the First Amendment does not give citizens the right to tape police — something with which every state in the union currently disagrees.

Hardiman's pre-judicial career is full of the kinds of things liberals and Democrats don't like: He donated to Republican candidates before being appointed to the bench (something that is neither illegal nor, to most legal experts, a big deal), and he represented plenty of political clients and political cases while he was in private practice. Most of this is insignificant: Just like it's a defense lawyer's job to defend murderers, it's a civil lawyer's job to defend companies accused of discrimination.

quote:


William Pryor


Current position: Federal appellate judge (11th Circuit Court of Appeals)

Why Trump picked him: Pryor has been on Trump's shortlist at least since the February 13th GOP presidential debate, where he came up as an example of the kind of justice Trump would like to appoint. Pryor, 54, probably has the biggest national profile of anyone on this list due to his staring role in the 2005 showdown between President Bush and Senate Democrats over judicial appointments.

He was initially nominated in 2003 and faced fierce opposition for his unusually strident and blunt recitation of conservative dogma. Asked about a statement he made calling Roe v. Wade "the worst abomination in the history of constitutional law," Pryor said, "I stand by that comment. I believe that not only is [Roe] unsupported by the text and structure of the Constitution, but it has led to a morally wrong result. It has led to the slaughter of millions of innocent unborn children."

He also, as attorney general of Alabama, wrote an amicus brief urging the Supreme Court to uphold laws banning sodomy and, in the words of Sen. Russ Feingold (D-WI), "equated private, consensual sexual activity between homosexuals to prostitution, adultery, necrophilia, bestiality, incest and pedophilia." He also purposely rescheduled a family trip to Disney World to avoid attending during "Gay Day," lest his children see gay people enjoying theme park rides.

Pryor eventually got a recess appointment to the 11th Circuit in February 2004, and was finally officially confirmed in 2005 as part of the "Gang of 14" compromise. In his position he's mostly been a doctrinaire conservative, the most notable exception being a ruling arguing that discrimination against trans people violates the Equal Protection Clause.

quote:

Neil Gorsuch

While Trump's list includes more graduates of state schools and fewer Ivy League grads than most Supreme Court shortlists, Gorsuch is exactly the kind of elite-educated figure who's traditionally made it onto the Court. A graduate of Columbia (where he was a Truman scholar), Oxford (where he got a doctorate as a Marshall scholar), and Harvard Law (which five other members of the Court attended), Gorsuch clerked on the DC Circuit and then for both Justices Byron White and Anthony Kennedy.

But Gorsuch is also more outspoken and forthright in his positions than your typical Supreme Court aspirant. He wrote a full book on assisted suicide and euthanasia that, while fairly recapping both sides, came down decisively against them, arguing that "human life is fundamentally and inherently valuable, and that the intentional taking of human life by private persons is always wrong." It's not hard to infer what that implies for Gorsuch's attitudes on abortion.

He's reliably, though idiosyncratically, conservative on a number of other issues as well. A former law clerk describes him as having a "deep commitment to the original understanding of the constitution and the rule of law." Gorsuch delivered a speech after Scalia's death (an event which he stated moved him to tears) praising his possible predecessor for understanding the distinction between judge and legislator, and for striving not to use the Court to make law.

He appears to believe Obamacare's birth control mandate is unconstitutional on religious liberty grounds. He has taken a limited view of a defendant's right to competent representation. Intriguingly, he's suggested that he thinks Chevron v. NRDC, a foundational decision in administrative law that gives regulatory agencies broad deference in determining rules, was wrongly decided. That could give plaintiffs — whether they’re businesses wanting laxer rules or advocacy groups wanting tougher ones — more say in the rulemaking process.

But he's also suggested more sympathy for criminal defendants than most conservative picks might have. He sided with a Albuquerque middle schooler who was strip-searched by his school, dissenting while his colleagues ruled that the school police officer and other employees are immune from lawsuits. And he's expressed concern with overcriminalization, saying that states and the federal government have enacted too many statutes forbidding too much activity.

Kalman
Jan 17, 2010


Both suck.

But both are well within the conservative judicial mainstream - they wouldn't have been surprising nominees for a President Cruz or ¡Jeb!. They're not Justice Thiel.

Tuxedo Catfish
Mar 17, 2007

You've got guts! Come to my village, I'll buy you lunch.
So "Scalia but worse on 4th Amendment issues," "a raging loving lunatic," and "literally a clone of Scalia grown in a vat."

It's gonna be option B, isn't it?

Number Ten Cocks
Feb 25, 2016

by zen death robot
I'm certainly hoping for Pryor.

Blue Footed Booby
Oct 4, 2006

got those happy feet

Leon Trotsky 2012 posted:

Trump's SC shortlist is down to three. No final choice has been made yet.

That reads to me like a typical law and order type, an open and proud moral conservative crusader, and a possible moral conservative crusader who may be merely morally conservative but not actually willing to overturn RvW.

No good choice, but holy poo poo is one of those worse than the others.

Javid
Oct 21, 2004

:jpmf:
Of those three, I'd choose the Scalia clone. The others both seem worse, if only a little.

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!
These guys are 50 years old and will be there for 30 years. What a complete disaster.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

mcmagic posted:

So at least make him do it.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
IIRC, Pryor puts activism ahead of law so much he'd make Roberts' views on the VRA seem reasonable.
Hardiman would consistently rule that the US can and should be a police state.
Gorsouch sounds like your standard business loving prolife rear end in a top hat right winger.


If any of the liberals, or even Kennedy, leave the bench in the next 2-8 years the US is going to become a theocratic police state. Not that there isn't already a good chance of that since the midterms are going to take place after tow years of Jeff motherfucking Sessions going after voting right groups and backing nationwide vote suppression in line with what was in place in NC, WI, and other states already. IT's going to be Pyror, considering Trump's gushed about him for almost a year now.


gently caress Barack Obama and the Democrats for being worthless garbage who didn't give the slightest gently caress to fight for Garland to get a hearing. Filibuster every single thing in the Senate and veto anything the GOP sneaks through and continue to do so until they give him a hearing? Nah we'll act mature and reasonable because that always works out because our nation isn't full of irrational people.

Ceiling fan
Dec 26, 2003

I really like ceilings.
Dead Man’s Band

Number Ten Cocks posted:

I'm certainly hoping for Pryor.

5 to 4 decisions with 2 to 3 join in part concur in part opinions would certainly muddy up what exactly the precedent is.

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!
https://twitter.com/hillhulse/status/824008513680769024

Music Theory
Aug 7, 2013

Avatar by Garden Walker

is that code

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.
He hopes the Dems treat Trump's nominee like poo poo because unlike the Dems the GOP actually know how to paint the other side as obstructionist assholes and gosh he was given no choice but to go full nuclear in the Senate.

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!
Why don't the Democrats realize that they will pay no political penalty for obstruction?

VitalSigns
Sep 3, 2011

hobbesmaster posted:

McConnell will go nuclear no matter what, it doesn't matter how much the democrats disagree.

If true, then the filibuster is worthless so best to make the Republicans get rid of it now rather than hand-wring about tradition and consensus and bipartisanship next time Democrats control congress.

esto es malo
Aug 3, 2006

Don't want to end up a cartoon

In a cartoon graveyard

mcmagic posted:

Why don't the Democrats realize that they will pay no political penalty for obstruction?

because theyre all spineless fucks

duz
Jul 11, 2005

Come on Ilhan, lets go bag us a shitpost


mcmagic posted:

Why don't the Democrats realize that they will pay no political penalty for obstruction?

Because when they go low, we go high, all the way out of office.

FAUXTON
Jun 2, 2005

spero che tu stia bene


Filibuster the poo poo out of everything and say it's because you expect the next president to take office before 2020 given the ongoing investigations, then after 2018 claim you're blocking that poo poo to give America a chance to have a say.

Shimrra Jamaane
Aug 10, 2007

Obscure to all except those well-versed in Yuuzhan Vong lore.
Would McConnell have the guts to actually nuke the fillibuster? Man this is loving nuclear level brinkmanship.

FAUXTON
Jun 2, 2005

spero che tu stia bene

Shimrra Jamaane posted:

Would McConnell have the guts to actually nuke the fillibuster? Man this is loving nuclear level brinkmanship.

He had the loving balls to go and act like the Dems owed these fuckers any respect and cooperation at all, let alone the "compromise by rendering your soul unto me for I am legion" line of garbage he shot off.

Congressional Dems owe them two government shutdowns, a half-empty federal judiciary, several lawsuits, countless hearings, and one filibustered-for-years judge. If they nuke the filibuster then deny them a quorum if possible.

Bel Shazar
Sep 14, 2012

Shimrra Jamaane posted:

Would McConnell have the guts to actually nuke the fillibuster? Man this is loving nuclear level brinkmanship.

Who is the average Republican or independent voter who cares about the filibuster?

Green Crayons
Apr 2, 2009
My Guess:

The conversation today between Senate Dems and Trump went "if you pick the still strong conservative but not the crazy person we won't do a major meltdown, which means you get an easy win in your bumpy first days and we don't get royally hosed."

Making a super big showdown about basically a Scalia replacement (Gorsuch) means you don't have the same nuclear-option spectacle when, say, Ginsburg kicks the bucket in two years and you're staring down a solid conservative 6-3 majority for the next 20 years. I'm thinking Schumer is trying to get away from Pryor. Don't know about Hardiman, but I'm thinking he's a sudden option as a third option to Gorsuch and Pryor. I've read that Sykes is being held in the wings if Ginsburg dies.

Query whether Democrats will actually throw a shitfit in the future hypothetical scenario. But Democrats usual MO of treating things like normal and make things work + in a weakened position, this is my best guess about current thinking.

Kalman
Jan 17, 2010

FAUXTON posted:

He had the loving balls to go and act like the Dems owed these fuckers any respect and cooperation at all, let alone the "compromise by rendering your soul unto me for I am legion" line of garbage he shot off.

Congressional Dems owe them two government shutdowns, a half-empty federal judiciary, several lawsuits, countless hearings, and one filibustered-for-years judge. If they nuke the filibuster then deny them a quorum if possible.

You can't deny the majority a quorum.

You also can't shut down the government or prevent judges from being appointed.

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.

Kalman posted:

You can't deny the majority a quorum.

You also can't shut down the government or prevent judges from being appointed.

Well, you can, but maybe you shouldn't

Kalman
Jan 17, 2010

EwokEntourage posted:

Well, you can, but maybe you shouldn't

No, you can't. Majority can override you.

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.

Kalman posted:

No, you can't. Majority can override you.

Oh I didn't know that's what you meant

Number Ten Cocks
Feb 25, 2016

by zen death robot
https://twitter.com/realdonaldtrump/status/824229586091307008

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Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound

honestly tempted to bet money he just nominates his sister

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