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euphronius
Feb 18, 2009

Radish posted:

Yeah and if it's a 4-4 ruling it goes back to in favor of the unions.

That's fantastic. The best thing Scalia ever did in his public life.

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euphronius
Feb 18, 2009

ayn rand hand job posted:

Thomas isn't in favor using the court as a social policy cudgel, even if it would personally give him some sort of benefit.

He is a man who grew up in Georgia during Jim Crow as the son of poor farmers and managed to get himself into an Ivy League law school. He prefers the change to come via non-judicial means and is fairly principled in that regard.

Except he's not consistent with that Theory and embraces judicial activism when it suits his political goals.

euphronius
Feb 18, 2009

I read the pga case long ago but I think the pgas argument was that riding a cart would be an unfair advantage as walking for 4 hours is part of the competition.

euphronius
Feb 18, 2009

25% of years are election years I think.

euphronius
Feb 18, 2009

Litany Unheard posted:

The people elected the President to a four-year term, not a sort-of-four-year term with a bunch of exceptions in the last year. If a President can't appoint SCOTUS justices in their last year, what else should we block them from doing?

Obama won two landslide elections

Having him choose justices is antidemocratic.

euphronius
Feb 18, 2009

Cu helps unions and the Democratic Party a lot so probably not.

euphronius
Feb 18, 2009

Torrannor posted:

Congress hasn't repealed the VRA, so in principle president Clinton could try to enforce the pre-clearance section again, the lower courts would all hold it unconstitutional per Supreme Court opinion, and then the SC could reverse itself in a 5-4 decision, right?

That's inelegant but would probably work.

euphronius
Feb 18, 2009

Konstantin posted:

Stare decisis is still a thing, I don't think a new Supreme Court would just outright reverse a bunch of recent decisions.

No not really.

euphronius
Feb 18, 2009

You know what's going to happen right. The senate relents and confirms a 60 year old moderate. Cruz wins and two left justices leave the court. the end.

euphronius
Feb 18, 2009

I agree with the poster saying lame duck is being misused on purpose.

euphronius
Feb 18, 2009

Macaroni Surprise posted:

So what does lame duck mean in politics? I thought it was just general slang.

Historically the inauguration was March 4 which lead to very long lame duck period and that was subsequently changed.

euphronius
Feb 18, 2009

I mean I'm not as smart as the Senate democrats but I would be pointing out loudly how the GOPs stance is radically anti democratic by attempting to nullify the results of the 2012 election.

Elections have consequences.

euphronius
Feb 18, 2009

I've just been reading the nyt and haven't seen that quote.

But that's probably on me.

euphronius
Feb 18, 2009

The Mandingo posted:

The 2014 midterms brought us a GOP majority in the senate. Will of the people!! (Not a conservative, you just have a bad argument).

That's fine if they don't confirm someone.

They're not even going to have hearings at this point.

euphronius
Feb 18, 2009

Rust Martialis posted:

Balanced budget

We would all die.

euphronius
Feb 18, 2009

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.

200 plus years of tradition is a constitutional imperative.

euphronius
Feb 18, 2009

Also the separation or power or balance is that the president has to pick someone the Senate will consent to. Not that the senate can veto the entire operation.

euphronius
Feb 18, 2009

SousaphoneColossus posted:

Right, I get that in theory, but in practice, what will happen?

1. Democratic president nominates someone
2. Republican judiciary committee refuses to hold any hearing, and the Senate won't hold any kind of vote, but refuses to adjourn to prevent a recess appointment.
3. ???
4. Democratic president's nominee is appointed to SCOTUS.

What happens in step 3?

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

euphronius
Feb 18, 2009

I think something like the senate democrats stopping the senate would be a justifiable retaliation and would cause a crisis.

The republicans are idiotic tho. They should just agree to confirm a moderate older nominee and move on.

euphronius
Feb 18, 2009



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.

Justices would never formally do that as they are barred from advisory opinions but maybe informally.

euphronius
Feb 18, 2009

Subjunctive posted:

We're at step two right now.

Obama hasn't nominated anyone.

euphronius
Feb 18, 2009


Right so we are at step one.

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.

euphronius
Feb 18, 2009

This is the worst constitutional crisis in a long long time. It's a new era now really and probably the beginning of the end of this form of government. Well it's over. We won't have a stable government until the Republican Party is ruined.

euphronius
Feb 18, 2009

Deteriorata posted:

This isn't a Constitutional crisis because the Republicans (nor Obama) have actually done anything yet. Thus far it's just a lot of talk.

It may not play out that way. Let events take care of themselves.

People getting way ahead of themselves in this thread.

Yesterday the GOP talked themselves into a box I don't see them walking out of absent McConnell losing his leadership post which I don't even think can happen until the next Senate.

euphronius
Feb 18, 2009

Kilroy posted:

In all serious, what happens if Obama "nominates" someone, waits a month, then takes the Senate's refusal to have a hearing as "default consent", and on the following Monday the nominee just shows up to work?

That would be less radical than what the GOP is doing

euphronius
Feb 18, 2009

Oh the 1840s what great precedent. Surely that was a stable government which lead to peace and prosperity for all.

euphronius
Feb 18, 2009

The majority leader and judiciary committee said yesterday - the judiciary committee in writing - that there would be no hearings no interviews no nothing

That is the unprecedented and unconstitutional act to which we are reacting .

I should also say it's anti democratic as well.

euphronius
Feb 18, 2009

Rust Martialis posted:

It's all stagecraft right now. You people screaming about this need to get some of Carson's benzos and chill the gently caress out, you crybabies.

How does McConnell walk this back.

euphronius
Feb 18, 2009

Obama can't sue the senate. The sc wouldn't hear the case.

euphronius
Feb 18, 2009

I have no issue with Sandoval. "Centrist" is ok since he will be on the left for abortion and other civil rights.

Though anti labor is really bad.

euphronius
Feb 18, 2009

You just worry about a reverse Warren or reverse Souter

euphronius
Feb 18, 2009

It's not appeasing the senate. The GOP has a majority. They would never confirm a liberal for Scalias seat. Which is fine.

euphronius
Feb 18, 2009

I guess technically a reverse warren/Souter would be nominating a Democrat who trends conservative on the bench which I don't think has happened in modern times.

euphronius
Feb 18, 2009

Republican presidents do kind of have the problem that once they appoint someone to a life time post they are apt to lose the crazy ideas only political pressure demands they hold.

euphronius
Feb 18, 2009

Being governor is a tremendous real world qualification and experience.

euphronius
Feb 18, 2009

She went to YLS right.

euphronius
Feb 18, 2009

Deteriorata posted:

For the federal government, balanced budgets are insane and exactly opposite of what fiscal policy should be. It exaggerates business cycles, raising the peaks of booms and deepening the troughs of busts. It is damaging to the economy and the citizens of the country.

Someone in favor of a balanced federal budget is either poorly informed, rigidly ideological, or both. Not someone I would want on the Supreme Court.

Yeah this is excellently stated and right.

euphronius
Feb 18, 2009


Nice.

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euphronius
Feb 18, 2009

Kalman posted:

"During her confirmation hearing, she received support from Speaker Paul Ryan, R-Wisconsin, who is related to her by marriage."

Trollbama strikes again.

Are you kidding that's unbelievable.

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