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aware of dog
Nov 14, 2016

RICKON WALNUTSBANE posted:

Will they actually be able to force someone though before the election?

They will replace her if they have to do it the day before Inauguration Day

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Stereotype
Apr 24, 2010

College Slice

Ginette Reno posted:

So this is it, right? 2020 can't get any worse.

Someone tell me it can't get any worse.

Yeah it gets better after there is a 20 year old nazi on the supreme court

Nitrousoxide
May 30, 2011

do not buy a oneplus phone



aware of dog posted:

They will replace her if they have to do it the day before Inauguration Day

They're going to replace her before the elections so that they can have a solid majority to support Trump in any election challenges that come up.

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

sexpig by night posted:

there is, literally, no way to stop it

hypothetically donald trump could owngoal on this but mcconnell's going to sit down with him with brightly colored flashcards and a promise of three scoops of ice cream to discuss which judges aren't so raving insane that a couple senators might revolt

Ginette Reno
Nov 18, 2006

How Doers get more done
Fun Shoe

Stereotype posted:

Yeah it gets better after there is a 20 year old nazi on the supreme court

Don't worry the Dems have *checks notes* vowed to not pack the courts. And probably still won't do it even after Trump rams through Supreme Court Justice Emperor Palpatine before November.

Teddybear
May 16, 2009

Look! A teddybear doll!
It's soooo cute!


Nitrousoxide posted:

They're going to replace her before the elections so that they can have a solid majority to support Trump in any election challenges that come up.

Gorsuch, Kavenaugh, Alito, Roberts, Thomas, they have that majority already. No reason to not let it wait and try to boost turnout during the election a la the Scalia vacancy and then confirm someone in the lame duck period anyway.

Kazak_Hstan
Apr 28, 2014

Grimey Drawer
Why do it before the election when you can do it during the lame duck for one million extra gently caress you points.

Stereotype
Apr 24, 2010

College Slice

Kazak_Hstan posted:

Why do it before the election when you can do it during the lame duck for one million extra gently caress you points.

because gently caress You that's why

Proust Malone
Apr 4, 2008

Assuming they seat RBG’s replacement, 5 justices will be nominees of presidents who lost the popular vote.

Jiro
Jan 13, 2004

She tried to hold on for so long, and through one of the worst kinds of cancer you can get. I can only imagine the hell she went through. :smith:

Grondoth
Feb 18, 2011

Proust Malone posted:

Assuming they seat RBG’s replacement, 5 justices will be nominees of presidents who lost the popular vote.

America didn't actually want all the things that are going to happen to it, but our government was set up so stupidly that it happened anyway.

God... this place...

Freakazoid_
Jul 5, 2013


Buglord
There isn't a WELP big enough.

We are so, so hosed.

Endorph
Jul 22, 2009

Ginette Reno posted:

Don't worry the Dems have *checks notes* vowed to not pack the courts. And probably still won't do it even after Trump rams through Supreme Court Justice Emperor Palpatine before November.

emperor palpatine would die of old age in our lifetimes. try supreme court justice general grievous, whose robot body will never die

fool of sound
Oct 10, 2012
The newly implemented slow mode is now on in this thread. You may only make one post every 10 minutes; make good ones.

Unormal
Nov 16, 2004

Mod sass? This evening?! But the cakes aren't ready! THE CAKES!
Fun Shoe

fool of sound posted:

make good ones.

lol rip american jurisprudence

Eltoasto
Aug 26, 2002

We come spinning out of nothingness, scattering stars like dust.



Trump will want a new justice in place so that they can help him steal the election, but I imagine the GOP senators fighting for their seats would much rather wait until the lame duck session.

Armack
Jan 27, 2006

Nitrousoxide posted:

They're going to replace her before the elections so that they can have a solid majority to support Trump in any election challenges that come up.

This. The way some people are talking about trying to find redress within the political process is silly. There will be five SCOTUS votes to fudge the election before we even get to election day. The authoritarian attempt has become an authoritarian breakthrough. Is it because of the anxiety that this scenario provokes that people are in denial about this?

Zoran
Aug 19, 2008

I lost to you once, monster. I shall not lose again! Die now, that our future can live!

Eltoasto posted:

Trump will want a new justice in place so that they can help him steal the election, but I imagine the GOP senators fighting for their seats would much rather wait until the lame duck session.

Refusing to actually exercise your power when you have it in order to secure future power, and instead hoping to be rewarded somehow for your scruples, is a Democrat move.

Sydin
Oct 29, 2011

Another spring commute
idk, I feel like confirming whatever Heritage Foundation fucker Trump nominates will help the GOP senators on the bubble sure up their credentials with the base. It would be a huge blow to Biden since one of his biggest cards was "there's almost certainly a SCOTUS nomination coming up and you don't want to hand it to Trump", and the only way Biden keeps that card if Trump rams somebody through before the election is if he comes out and says he'll expand the court and/or impeach RBG's replacement which - based on everything he's said on the issue so far - seems very unlikely.

Also Trump is a toddler with zero patience so even if the GOP tells him to hold off until after the election he'll probably flip them the double bird and nominate somebody anyway.

cr0y
Mar 24, 2005



I got drunk on the news and can't recall, what does scotus expansion require?

PenguinKnight
Apr 6, 2009

cr0y posted:

I got drunk on the news and can't recall, what does scotus expansion require?

Packing the court just takes the senate votes to do it

El Mero Mero
Oct 13, 2001

Nitrousoxide posted:

They're going to replace her before the elections so that they can have a solid majority to support Trump in any election challenges that come up.

They already have one though. It's going to be an election wedge issue to ensure drive turnout and stop any sort of cross-over.

vyelkin
Jan 2, 2011

cr0y posted:

I got drunk on the news and can't recall, what does scotus expansion require?

Nothing except a Senate majority. There's no constitutional requirement for there to be nine justices or any other number, it's just convention that there are nine. But the President/Senate could keep adding judges forever if they wanted to.

disjoe
Feb 18, 2011


cr0y posted:

I got drunk on the news and can't recall, what does scotus expansion require?

The Supreme Court’s size is set by legislation, so Court-packing takes the same number of votes as passing any old bill.

rko
Jul 12, 2017
The future gets dumber every loving day.

E: Like it feels absurd to be living in this rapidly failing state right now. Just incredible. She couldn’t last six more weeks, because this is 2020. Amazing.

rko fucked around with this message at 01:22 on Sep 19, 2020

bird food bathtub
Aug 9, 2003

College Slice

cr0y posted:

I got drunk on the news and can't recall, what does scotus expansion require?

It's set by law, not the constitution. Pass new law saying SCOTUS is now X size, and it is that size.

That's also the only chance of fixing this. McConnell is walking around with a rock hard turtle-dick right now and they will absolutely fill that seat. Fascism wants power for the leaders in exchange for punishing the out groups for the followers.

Nucleic Acids
Apr 10, 2007
Probation
Can't post for 10 hours!
Huh I guess it really was a bad idea for the geriatric cancer patient not to retire when Obama could have put her replacement on the court afterall.

Armack
Jan 27, 2006

cr0y posted:

I got drunk on the news and can't recall, what does scotus expansion require?

It would require a Democratic Congress and a Democratic president, both of which can be blocked from prevailing in the 2020 election by the new SCOTUS. It doesn't seem to have sunken in for everyone that there can be no remedy from this point onward from within the electoral process. By all means, still vote though. At least make them have to go through more hoops.

ilkhan
Oct 7, 2004

I LOVE Musk and his pro-first-amendment ways. X is the future.
Well this is going to be interesting.

Slaan
Mar 16, 2009



ASHERAH DEMANDS I FEAST, I VOTE FOR A FEAST OF FLESH
RBG not retiring under Obama is going to undo literally everything that RBG got accomplished as a lawyer, judge and justice

Pobrecito
Jun 16, 2020

hasta que la muerte nos separe
There is 100% no way Joe Biden is ever going to sign off on expanding the court lmao. We're going to be hosed for a decade or more.

Shear Modulus
Jun 9, 2010



rko posted:

The future gets dumber every loving day.

E: Like it feels absurd to be living in this rapidly failing state right now. Just incredible. She couldn’t last six more weeks, because this is 2020. Amazing.

If she died between November and the inauguration of a Biden admin McConnell would have absolutely slammed through Justice Ted Cruz during the lame duck

Craptacular!
Jul 9, 2001

Fuck the DH
If Pre-Obama GOP Decided: Manchin

If McConnell Decides: Some extremely crazy judge is picked. Romney, Murkowski and others rebel. This candidate is then replaced with another nominee who is a typical stodgy conservative and McConnell tells what’s left of the moderates “we did this for you, now do one for us.”

If Trump Decides: Some 28 year old blogger who once tweeted in 2008 that “anime loli should be legal”. Trump will promote a conspiracy theory that RBG personally wanted this cat to succeed her so we should follow her wishes.

Peaceful Anarchy
Sep 18, 2005
sXe
I am the math man.

Zoran posted:

Refusing to actually exercise your power when you have it in order to secure future power, and instead hoping to be rewarded somehow for your scruples, is a Democrat move.
They wouldn't be looking to be rewarded for their scruples, they'd be looking to avoid being targeted for their vote for a repulsive nominee. It wouldn't be out of decorum but self preservation. Also in the hypothetical you quoted they'd still use their power even if they lose in November, so it wouldn't be refusing so much as strategically delaying. That said, regardless of whether it would or wouldn't be better for them to do that, I don't think they have it in them to make that calculation and have an actual strategy and long term thinking rather than just have Trump nominate someone and dare vulnerable senators to vote.

1stGear
Jan 16, 2010

Here's to the new us.

El Burbo posted:

Hope this works out



Someone get that Things That Aged Well twitter account on the line.

SpeedFreek
Jan 10, 2008
And Im Lobster Jesus!
She had one hell of a career.

Didn't she not step down under Obama because she expecting the senate to pull the crap that they pulled anyway? I somehow don't expect them to follow precedent and wait to see what the "will of the voters is" or whatever line they tried pushing on us.

Stereotype
Apr 24, 2010

College Slice

fool of sound posted:

The newly implemented slow mode is now on in this thread. You may only make one post every 10 minutes; make good ones.

I will never make a good post and you can't make me

Pleasant Friend
Dec 30, 2008

What happens in a Bush v Gore if its tied four to four?

Eltoasto
Aug 26, 2002

We come spinning out of nothingness, scattering stars like dust.



SpeedFreek posted:

She had one hell of a career.

Didn't she not step down under Obama because she expecting the senate to pull the crap that they pulled anyway? I somehow don't expect them to follow precedent and wait to see what the "will of the voters is" or whatever line they tried pushing on us.

Dems had control of the Senate in 2012.

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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

Pleasant Friend posted:

What happens in a Bush v Gore if its tied four to four?

lower appellate court rulings stand in their respective circuits

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