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euphronius
Feb 18, 2009

Biden was on the judiciary committee in 92 iirc

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vyelkin
Jan 2, 2011

Arkane posted:

In the video, Biden says that the Senate committee should not even consider anyone nominated until after the election is over.

which is practically the same as the current meme from the GOP side that Obama shouldn't bother nominating anyone

and weasel, I didn't argue it was right. I was arguing against partisans treating two similar situations completely differently depending on who was in power. whether Its Biden in 92 or, to a lesser extent, Reid/Obama in 07/08, both parties are obnoxiously partisan, and seemingly at their worst when it comes to judicial nominations.

Do you at least recognize a difference between a senator saying that at the end of June when there was no vacancy versus the Senate Majority Leader saying it in the middle of February literally several hours after a justice died?

Lyapunov Unstable
Nov 20, 2011
Yes we all remember 1992, when the majority Senate Democrats, having just recently imposed multiple government shutdowns and under primary pressure from a splinter far-left party, had Senate Majority Leader Joe Biden announce a refusal to vote for new judicial appointees nearly a full year before the end of Bush's term.

A Winner is Jew
Feb 14, 2008

by exmarx
Aside from the fact that Biden was wrong, I don't recall any democratic special interest groups running adds in support of what he said, and exactly zero democrats running for president that year supported that position.

Squizzle
Apr 24, 2008




Biden's saying that considering a nominee between late June and early November in a major election year would force Senate members to act on one of their most important duties while distracted by the activities of campaigning, for themselves or their colleagues. His suggestion is that the President wait until after the election, not until after the inauguration. All Biden says there is that the Senate needs to give a nominee their full attention. He also implies that it's a bad move to nominate someone when it could become a political subject in the election. And, he's speaking hypothetically.

Contrast that with the partisan gamesmanship of the current Senate majority, who themselves moved to make this SCOTUS seat a political topic in the election, before a nominee was even put forward, in mid-February. They're acting directly counter to Biden's point, only doing so using the power of the Senate instead of the Presidency.

e: whoops, June

Squizzle fucked around with this message at 01:55 on Feb 23, 2016

Lyapunov Unstable
Nov 20, 2011
A disgusting level of partisanship of both parties at equal magnitudes. Certainly contemporary Republicans have done nothing that Democrats haven't done countless times before.

euphronius
Feb 18, 2009

Lyapunov Unstable posted:

A disgusting level of partisanship of both parties at equal magnitudes. Certainly contemporary Republicans have done nothing that Democrats haven't done countless times before.

Do you have a source for this claim.

Lyapunov Unstable
Nov 20, 2011

euphronius posted:

Do you have a source for this claim.
Clearly blocking all votes on judicial appointments for a full quarter of a presidential term is something that Senate Democrats have at least thought about while taking a dump at least once. A disgusting level of partisanship by both parties.

A Winner is Jew
Feb 14, 2008

by exmarx

Lyapunov Unstable posted:

Clearly blocking all votes on judicial appointments for a full quarter of a presidential term is something that Senate Democrats have at least thought about while taking a dump at least once. A disgusting level of partisanship by both parties.

He's not wrong here folks, guess it's time to pack it in.

seiferguy
Jun 9, 2005

FLAWED
INTUITION



Toilet Rascal

Lyapunov Unstable posted:

Clearly blocking all votes on judicial appointments for a full quarter of a presidential term is something that Senate Democrats have at least thought about while taking a dump at least once. A disgusting level of partisanship by both parties.

Thinking about it and doing it are clearly different. Didn't think that had to spelled out, but here we are.

Lyapunov Unstable
Nov 20, 2011
I wasn't even trying to troll and thought the sarcasm was obvious, but welp here we are.

DaveWoo
Aug 14, 2004

Fun Shoe
*shrug* Biden was wrong then, Republicans are wrong now. Don't see why some folks are getting all twisted up in knots over this.

Telsa Cola
Aug 19, 2011

No... this is all wrong... this whole operation has just gone completely sidewaysface

Lyapunov Unstable posted:

I wasn't even trying to troll and thought the sarcasm was obvious, but welp here we are.

The sarcasm was blindingly obvious, people are just being loving retards. I mean god drat people really?

evilweasel
Aug 24, 2002

Lyapunov Unstable posted:

I wasn't even trying to troll and thought the sarcasm was obvious, but welp here we are.

the sarcasm was as obvious as the jet black lump of coal the autopsy would have found

VitalSigns
Sep 3, 2011

The problem with following Biden's 1992 suggestion to let the Senate wait until their campaigns are over before considering a nominee is that Republicans would probably not live up to their side of it if a Republican is elected and will stonewall until after the inauguration.

I base this on the announcement that McConnell made in February that they will try to stonewall for 11 months if they can.

VitalSigns fucked around with this message at 01:31 on Feb 23, 2016

Liquid Communism
Mar 9, 2004


Out here, everything hurts.




Lyapunov Unstable posted:

I wasn't even trying to troll and thought the sarcasm was obvious, but welp here we are.

Sarcasm is hard to read right now, given the level of absurdist poo poo that has come out of this Congress.

VitalSigns
Sep 3, 2011

Arkane posted:

In the video, Biden says that the Senate committee should not even consider anyone nominated until after the election is over.

which is practically the same as the current meme from the GOP side that Obama shouldn't bother nominating anyone

and weasel, I didn't argue it was right. I was arguing against partisans treating two similar situations completely differently depending on who was in power. whether Its Biden in 92 or, to a lesser extent, Reid/Obama in 07/08, both parties are obnoxiously partisan, and seemingly at their worst when it comes to judicial nominations.

Are you basing your entire argument on pretending to not know the difference between an election and an inauguration?

FAUXTON
Jun 2, 2005

spero che tu stia bene

VitalSigns posted:

Are you basing your entire argument on pretending to not know the difference between an election and an inauguration?

It's arkane.

ThaGhettoJew
Jul 4, 2003

The world is a ghetto

Liquid Communism posted:

Sarcasm is hard to read right now, given the level of absurdist poo poo that has come out of this Congress.

Our entire legislature probably falls under Poe's Law. Trolled again...

Oracle
Oct 9, 2004

So the sumbitches are actually gonna do it.

quote:

Key Republican senators on the Judiciary Committee emerged from a closed door meeting in Majority Leader Mitch McConnel's office Tuesday united in their determination not to consider any nominee to replace Anton Scalia until the next president takes office.

"We believe the American people need to decide who is going to make this appointment rather than a lame duck president," said Majority Whip John Conryn.

When asked if they would start the process after the new president took office or if they would consider doing it in the lame duck session, Cornyn replied "No, after the next president is selected. That way the American pope have a voice in the process."

Sen. Lindsey Graham said that "there's no use starting a process that's not going to go anywhere and we are going to let the next president decide," when asked why there would be no hearings.

When TPM asked if he had political concerns about the decision not to move forward with a nominee, Graham responded. "I have zero concerns politically."

"I think this is what they would do," Graham said referring to Senate Democrats. "For them to say they wouldn't do this is a lie."

Sen. Jeff Flake (R-AZ) demurred saying that Republicans were "still talking."

Eggplant Squire
Aug 14, 2003


Oracle posted:

American pope

That's an interesting and somewhat educating typo.

I know that not calling on people making outrageous lies is the new normal for our gutless media but really more people have to point out that we already had the American people decide when Obama was elected for four years and not three.

Al!
Apr 2, 2010

:coolspot::coolspot::coolspot::coolspot::coolspot:
How hard would the senate judiciary committee to scramble to get whomever Obama wanted confirmed if we are looking at a Hillary/Trump race.

Oracle
Oct 9, 2004

Al! posted:

How hard would the senate judiciary committee to scramble to get whomever Obama wanted confirmed if we are looking at a Hillary/Trump race.
Not as hard as if it were a Cruz/Hillary race?

Gyges
Aug 4, 2004

NOW NO ONE
RECOGNIZE HULK

Al! posted:

How hard would the senate judiciary committee to scramble to get whomever Obama wanted confirmed if we are looking at a Hillary/Trump race.

Bernie Sanders wins in November, then immediately after the Electoral College votes him and his Vice President, Full Communism Now, in Bernie is raptured to Heaven like Elijah. The scramble to get Obama to nominate someone that they can confirm will be delightful.

Parahexavoctal
Oct 10, 2004

I AM NOT BEING PAID TO CORRECT OTHER PEOPLE'S POSTS! DONKEY!!


If she enjoyed reading Scalia's dissents, does that mean she preferred when he was on the losing side?

Never thought I'd agree with Bachmann.

vyelkin
Jan 2, 2011
Could someone sue the Senate for not living up to their constitutional responsibility to provide advice and consent, since they have outright stated that not only will they not confirm a nominee, they won't even consider having a hearing for one?

Could such a case end up in front of the Supreme Court?

euphronius
Feb 18, 2009

vyelkin posted:

Could someone sue the Senate for not living up to their constitutional responsibility to provide advice and consent, since they have outright stated that not only will they not confirm a nominee, they won't even consider having a hearing for one?

Could such a case end up in front of the Supreme Court?

No. No.

corn in the bible
Jun 5, 2004

Oh no oh god it's all true!

vyelkin posted:

Could someone sue the Senate for not living up to their constitutional responsibility to provide advice and consent, since they have outright stated that not only will they not confirm a nominee, they won't even consider having a hearing for one?

Could such a case end up in front of the Supreme Court?

Why would you even think that

foobardog
Apr 19, 2007

There, now I can tell when you're posting.

-- A friend :)

Yep, this is right. Really the idea that nomination confirmations should not be contentious or politicized is the actual "mere tradition" in this case. Congress has every right to reject or accept nominees as they see fit, the idea that it should not be politically based is just a thing like earmarks that mainly exist to grease the wheels of the system.

Now someone could theoretically sue them, and if it did filter up somehow to the Supreme Court and get granted cert, there's no way it wouldn't be 8-0 affirming Congress's right to be assholes unless some of the Justices decide they really want to see another civil war before they die.

suck my woke dick
Oct 10, 2012

:siren:I CANNOT EJACULATE WITHOUT SEEING NATIVE AMERICANS BRUTALISED!:siren:

Put this cum-loving slave on ignore immediately!

foobardog posted:

unless some of the Justices decide they really want to see another civil war before they die.

does the south have more firepower this time around?

euphronius
Feb 18, 2009

foobardog posted:

Yep, this is right. Really the idea that nomination confirmations should not be contentious or politicized is the actual "mere tradition" in this case. Congress has every right to reject or accept nominees as they see fit, the idea that it should not be politically based is just a thing like earmarks that mainly exist to grease the wheels of the system.

Now someone could theoretically sue them, and if it did filter up somehow to the Supreme Court and get granted cert, there's no way it wouldn't be 8-0 affirming Congress's right to be assholes unless some of the Justices decide they really want to see another civil war before they die.

Rejecting is fine. Not even holding hearings is anti democratic nihilism.

foobardog
Apr 19, 2007

There, now I can tell when you're posting.

-- A friend :)

blowfish posted:

does the south have more firepower this time around?

Only because the south is allied with the midwest, and contains our larger military bases, so probably.

euphronius posted:

Rejecting is fine. Not even holding hearings is anti democratic nihilism.

Yeah, I agree, but there is no system within the US Constitution for Congress to be compelled to act like there are for some state constitutions. Like Congress gets to decide when, where, and how it will decide things, but are limited in what things they can decide. Or more accurately, can have their actions struck down, not their inactions.

Drogue Chronicle
Feb 23, 2016

by Cowcaster

blowfish posted:

does the south have more firepower this time around?

https://en.wikipedia.org/wiki/List_of_United_States_military_bases

euphronius
Feb 18, 2009

foobardog posted:

Only because the south is allied with the midwest, and contains our larger military bases, so probably.


Yeah, I agree, but there is no system within the US Constitution for Congress to be compelled to act like there are for some state constitutions. Like Congress gets to decide when, where, and how it will decide things, but are limited in what things they can decide. Or more accurately, can have their actions struck down, not their inactions.

200+ years of timely holding hearing means firmly holding hearings is constitutional.

foobardog
Apr 19, 2007

There, now I can tell when you're posting.

-- A friend :)

euphronius posted:

200+ years of timely holding hearing means firmly holding hearings is constitutional.

Yes. They are allowed to hold their hearings in a timely manner. But they are not disallowed from holding them in an untimely manner, there's no speed requirement like there is for court cases, unless I'm unaware of existing precedent on it. Either way, it's not there as a strict reading, only possibly implied as being necessary for the actual functioning of the system.

I'm not saying it's right, but the Constitution has no recourse here.

A Winner is Jew
Feb 14, 2008

by exmarx

blowfish posted:

does the south have more firepower this time around?

Texas is the only state to worry about, and the fact that CA not only equals them in bases but also produces the vast majority of military air craft means that while they have more firepower, the rest of the US that won't rebel has way more than they do.

corn in the bible
Jun 5, 2004

Oh no oh god it's all true!

A Winner is Jew posted:

Texas is the only state to worry about, and the fact that CA not only equals them in bases but also produces the vast majority of military air craft means that while they have more firepower, the rest of the US that won't rebel has way more than they do.

the California that passed prop 8 and elected ahhhnold

euphronius
Feb 18, 2009

foobardog posted:

Yes. They are allowed to hold their hearings in a timely manner. But they are not disallowed from holding them in an untimely manner, there's no speed requirement like there is for court cases, unless I'm unaware of existing precedent on it. Either way, it's not there as a strict reading, only possibly implied as being necessary for the actual functioning of the system.

I'm not saying it's right, but the Constitution has no recourse here.

What has been done for 200 years without controversy IS the Constitution. That is constitutional law. Not only what the document says by how it is interpreted. For 200 years the senate had interpreted the constitution to mean X. Now out of the blue and for entirely base reasons they are saying -X.

Unconstitutional in its more flagrant sense.

euphronius
Feb 18, 2009

Like if this were January 2017 and trump was elected maybe the Gop would have a point.

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Ceiling fan
Dec 26, 2003

I really like ceilings.
Dead Man’s Band

Ah, so federal troops are still heavily concentrated in formerly rebellious territories. Probably overkill given what happened in Oregon, but still prudent.

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