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Kalli
Jun 2, 2001



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KIM JONG TRILL
Nov 29, 2006

GIN AND JUCHE
Recess appoint a justice right now Obama. And then tweet this out Scalias quote from this:

Justice Scalia wrote an opinion concurring in the judgment, joined by Chief Justice Roberts, Thomas, and Alito. While agreeing with the conclusion the Court reached, the concurrence chastises the opinion for ensuring "that recess appointments will remain a powerful weapon in the President's arsenal. ... That is unfortunate, because the recess appointment power is an anachronism."

ugh its Troika
May 2, 2009

by FactsAreUseless

Ramrod Hotshot posted:

Can Congress really hold up nominating the next justice for literally an entire year?

Yup. The executive branch can't do jack poo poo about it, either.

TheAngryDrunk
Jan 31, 2003

"I don't know why I know that; I took four years of Spanish."

Ramrod Hotshot posted:

Can Congress really hold up nominating the next justice for literally an entire year?

I think we're about to find out.

Shimrra Jamaane
Aug 10, 2007

Obscure to all except those well-versed in Yuuzhan Vong lore.

Ramrod Hotshot posted:

Can Congress really hold up nominating the next justice for literally an entire year?

The Democrats better make a huge deal of the GOP being obstructionist assholes for 9 months.

Scrub-Niggurath
Nov 27, 2007

Shimrra Jamaane posted:

The Democrats better make a huge deal of the GOP being obstructionist assholes for 9 months.

HAhahahahahahAHAAHAHAHAHAH

straight up brolic
Jan 31, 2007

After all, I was nice in ball,
Came to practice weed scented
Report card like the speed limit

:homebrew::homebrew::homebrew:

what's stopping obama from making an appointment right now?

Brannock
Feb 9, 2006

by exmarx
Fallen Rib

Shimrra Jamaane posted:

The Democrats better make a huge deal of the GOP being obstructionist assholes for 9 months.

Debbie Wasserman-Schultz

Sydin
Oct 29, 2011

Another spring commute

Shimrra Jamaane posted:

The Democrats better make a huge deal of the GOP being obstructionist assholes for 9 months.

Awww, that's cute.

Brannock
Feb 9, 2006

by exmarx
Fallen Rib

straight up brolic posted:

what's stopping obama from making an appointment right now?

Nothing, he can appoint a temporary justice because Congress is in recess

Pillow Hat
Sep 11, 2001

What has been seen cannot be unseen.

Fateo McMurray posted:

I like how they knew something was up when he missed breakfast.

"Woah, Scalia skipped waffles? Call 911"

:cawg:

Shimrra Jamaane
Aug 10, 2007

Obscure to all except those well-versed in Yuuzhan Vong lore.

Sydin posted:

Awww, that's cute.

Usually you'd be right but It's an election year with both the Presidency and the Senate at stake. They need to at least pretend to care.

Evil_Greven
Feb 20, 2007

Whadda I got to,
whadda I got to do
to wake ya up?

To shake ya up,
to break the structure up!?

evilweasel posted:

http://thescoopblog.dallasnews.com/2016/02/supreme-court-justice-antonin-scalia-reported-dead.html/

This is a big, big deal. The Supreme Court is now split evenly 4-4, and there is probably a better chance of Donald Trump flashing his dick on national TV (actually, not probably, I wouldn't actually be surprised if that happened) than there is of the Senate confirming anyone Obama nominates. Which means this election is about to explicitly be about "who gets control of the Supreme Court".

This is the best election cycle..

biznatchio
Mar 31, 2001


Buglord

Brannock posted:

Nothing, he can appoint a temporary justice because Congress is in recess

He won't though. This is a huge amount of rope and I think he's savvy enough to give it to the GOP and let them hang themselves with it.

Also, page one said that Obama couldn't be a court justice because he's president. That's not true. The Constitution only forbids members of Congress from holding executive office, it does not restrict the membership of the executive or legislative branches otherwise. Not that Obama would ever nominate himself because of the obvious political implications, but technically it is legal.

New Division
Jun 23, 2004

I beg to present to you as a Christmas gift, Mr. Lombardi, the city of Detroit.
I have little doubt the court vacancy won't be filled until the new administration comes in unless Obama nominates the prototype of a Washington DC centrist to fill the vacancy, which might lead to the outside chance that the GOP might hedge their bets and accept such a figure on the bench.The court can certainly function for some time with 8 judges for now.

Sydin
Oct 29, 2011

Another spring commute

Shimrra Jamaane posted:

Usually you'd be right but It's an election year with both the Presidency and the Senate at stake. They need to at least pretend to care.

I mean, maybe it'll galvanize some Dems who otherwise wouldn't care to come out and vote, but the Dems can scream to high heavens about obstruction and it won't sway one lousy republican. If the Dems call out Mitch on being an obstructionist piece of poo poo, all he has to do is come out and go "Yeah, we're obstructing because Obama has given us nothing but liberal commie judges who hate God/Are Freedumbs/The Constitution and we're bravely holding out for a 'proper' justice. Don't forget to vote for Trump if you want a sane SCOTUS nomination!"

OhFunny
Jun 26, 2013

EXTREMELY PISSED AT THE DNC
Just appoint someone well the Congress is in recess Obama!

Youth Decay
Aug 18, 2015

wanna piss on that grave

computer parts
Nov 18, 2010

PLEASE CLAP

Sydin posted:

I mean, maybe it'll galvanize some Dems who otherwise wouldn't care to come out and vote, but the Dems can scream to high heavens about obstruction and it won't sway one lousy republican. If the Dems call out Mitch on being an obstructionist piece of poo poo, all he has to do is come out and go "Yeah, we're obstructing because Obama has given us nothing but liberal commie judges who hate God/Are Freedumbs/The Constitution and we're bravely holding out for a 'proper' justice. Don't forget to vote for Trump if you want a sane SCOTUS nomination!"

...Which will only work on people who weren't going to vote Democrat anyway.

Like you said, it'll get Democrats out to vote. That's a big gain, since the last few elections have been entirely about Democratic turnout.

Shimrra Jamaane
Aug 10, 2007

Obscure to all except those well-versed in Yuuzhan Vong lore.

Sydin posted:

I mean, maybe it'll galvanize some Dems who otherwise wouldn't care to come out and vote, but the Dems can scream to high heavens about obstruction and it won't sway one lousy republican. If the Dems call out Mitch on being an obstructionist piece of poo poo, all he has to do is come out and go "Yeah, we're obstructing because Obama has given us nothing but liberal commie judges who hate God/Are Freedumbs/The Constitution and we're bravely holding out for a 'proper' justice. Don't forget to vote for Trump if you want a sane SCOTUS nomination!"

Of course it won't change the minds of Republicans. But the Dems can use it to energize their own base. Campaign Hilary can go full out Campaign Obama.

Pillow Hat
Sep 11, 2001

What has been seen cannot be unseen.
From Reddit:

quote:

For people who are asking, it seems unlikely the Republicans can block an Obama appointment. The longest nomination for a supreme court justice ever was Clarence Thomas, who took 107 days to confirm. The average is 73 days.

Thomas' confirmation was slowed by allegations of sexual impropriety by Anita Hill, and his still only took 107 days. Obama has a short list of nominees already and they will be well vetted. No way this drags past the election.

C. Everett Koop
Aug 18, 2008

Sydin posted:

I mean, maybe it'll galvanize some Dems who otherwise wouldn't care to come out and vote, but the Dems can scream to high heavens about obstruction and it won't sway one lousy republican. If the Dems call out Mitch on being an obstructionist piece of poo poo, all he has to do is come out and go "Yeah, we're obstructing because Obama has given us nothing but liberal commie judges who hate God/Are Freedumbs/The Constitution and we're bravely holding out for a 'proper' justice. Don't forget to vote for Trump if you want a sane SCOTUS nomination!"

Now if it looks like Cruz might get the nomination/win, could McConnell start the voting process to spite Cruz, or would he fall in line?

Chris James 2
Aug 9, 2012


computer parts posted:

...Which will only work on people who weren't going to vote Democrat anyway.

Like you said, it'll get Democrats out to vote. That's a big gain, since the last few elections have been entirely about Democratic turnout.

I wonder what Republicans who think Trump's insane would do if he got the nomination. Would they just not vote

FistEnergy
Nov 3, 2000

DAY CREW: WORKING HARD

Fun Shoe
Fuuuuuuuck YESSSSSSS!!!!

:gizz:

New Division
Jun 23, 2004

I beg to present to you as a Christmas gift, Mr. Lombardi, the city of Detroit.
An empty SCOTUS seat can be used to energize both bases, I'm not sure there's a profound amount of political advantage to be seized here.

It will heighten the fear factor for both sides most fervent partisans so I expect even more apocalyptic op-eds now.

WeAreTheRomans
Feb 23, 2010

by R. Guyovich

New Division posted:

An empty SCOTUS seat can be used to energize both bases, I'm not sure there's a profound amount of political advantage to be seized here.

It will heighten the fear factor for both sides most fervent partisans so I expect even more apocalyptic op-eds now.

yeah but higher turnout disproportionately benefits Democrats, hence the GOP are the (principal) party of voter suppression

Shimrra Jamaane
Aug 10, 2007

Obscure to all except those well-versed in Yuuzhan Vong lore.

New Division posted:

An empty SCOTUS seat can be used to energize both bases, I'm not sure there's a profound amount of political advantage to be seized here.

It will heighten the fear factor for both sides most fervent partisans so I expect even more apocalyptic op-eds now.

I think Dems benefit most from increased frenzy that leads to better turnout because lack of turnout is what always kills them in situations like in a mid term election. Angry Republicans are gonna be voting no matter what.

computer parts
Nov 18, 2010

PLEASE CLAP

New Division posted:

An empty SCOTUS seat can be used to energize both bases, I'm not sure there's a profound amount of political advantage to be seized here.

There is, because the GOP base is already energized by default. The Democratic base is not.

The people who vote Republican vote in every election. The people who vote Democratic do not vote in every election.

TheAngryDrunk
Jan 31, 2003

"I don't know why I know that; I took four years of Spanish."

Chris James 2 posted:

I wonder what Republicans who think Trump's insane would do if he got the nomination. Would they just not vote

Yeah, there's gonna be a lot of wheeling and dealing based on how the outcome of the election is looking.

VanillaGorilla
Oct 2, 2003

Shimrra Jamaane posted:

Of course it won't change the minds of Republicans. But the Dems can use it to energize their own base. Campaign Hilary can go full out Campaign Obama.

Also independents, who are still critical these days and, in general, don't respond well to obstructionism and blatant political gamesmanship.

foot
Mar 28, 2002

why foot why

Pillow Hat posted:

From Reddit:

It was 229 days from when Powell retired until Kennedy was confirmed.

Sydin
Oct 29, 2011

Another spring commute

C. Everett Koop posted:

Now if it looks like Cruz might get the nomination/win, could McConnell start the voting process to spite Cruz, or would he fall in line?

If there's one thing Republicans are great at, it's cutting off the nose to spite the face, so who knows.

Shimrra Jamaane posted:

Of course it won't change the minds of Republicans. But the Dems can use it to energize their own base. Campaign Hilary can go full out Campaign Obama.

If the Dems, Obama, and Hillary/Bernie all absolutely hammer it over and over this election cycle, then maybe it'll be helpful. I'm skeptical they'll do it though, it's not something the Dems have historically been good at.

biznatchio
Mar 31, 2001


Buglord

Pillow Hat posted:

From Reddit:

That's misleading. The longest deliberation process for a nominee was 107 days, but the longest vacancy on the court was 27 months, when Congress kept rejecting President John Tyler's nominees. A deliberation process ends when Congress votes and says no.

BMB5150
Oct 24, 2010

2018 Indianapolis 500 Winner

Huh earlier last week or 2 weeks ago it'd be pretty good if Scalia vanished from the SOTUS. Hmmm didn't know I had some magical powers. Well this election year keeps getting weirder and weirder.

If Republicans obstruct, wouldn't it be more firepower for Democrats to lay down on them during this year. Only way the GOP get what they want is somehow winning the elections this year which currently seems slim.

Shimrra Jamaane
Aug 10, 2007

Obscure to all except those well-versed in Yuuzhan Vong lore.

Sydin posted:

If there's one thing Republicans are great at, it's cutting off the nose to spite the face, so who knows.


If the Dems, Obama, and Hillary/Bernie all absolutely hammer it over and over this election cycle, then maybe it'll be helpful. I'm skeptical they'll do it though, it's not something the Dems have historically been good at.

Bernie WILL do it and Hillary will follow suit so as to not have it be used against her.

Jeb Bush 2012
Apr 4, 2007

A mathematician, like a painter or poet, is a maker of patterns. If his patterns are more permanent than theirs, it is because they are made with ideas.

Pillow Hat posted:

From Reddit:

Filibuster-as-default in the senate was also unprecedented, until it wasn't.

A blanket block on supreme court nominees has happened before. But it was over 170 years ago and if it happens it will be a big break from the previous norms of supreme court nominations.

Arsonist Daria
Feb 27, 2011

Requiescat in pace.

BMB5150 posted:

Huh earlier last week or 2 weeks ago it'd be pretty good if Scalia vanished from the SOTUS. Hmmm didn't know I had some magical powers.

Don't get too excited, I've been thinking this constantly for well over a decade.

ImpAtom
May 24, 2007

Jesus, I feel bad for his family and loved ones but at the same time I just can't feel very sad. I guess that makes me a lovely person but oh well.

zakharov
Nov 30, 2002

:kimchi: Tater Love :kimchi:

Pillow Hat posted:

From Reddit:

LOL

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Pillow Hat
Sep 11, 2001

What has been seen cannot be unseen.

biznatchio posted:

That's misleading. The longest deliberation process for a nominee was 107 days, but the longest vacancy on the court was 27 months, when Congress kept rejecting President John Tyler's nominees. A deliberation process ends when Congress votes and says no.


foot posted:

It was 229 days from when Powell retired until Kennedy was confirmed.

Interesting. I'm certainly no legal historian. Just parroting what I saw. What you've said makes sense.

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