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The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

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Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

joecct said:
If the unthinkable happens and we get a tD presidency and a D Senate, how many tD judges get confirmed?
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Well, there are tons of vacancies all over the place. If Hillary gets elected, the Democrats take the Senate, and Rover is right and their willing to throw out the filibuster ability on Judge votes then there will be a ton.

If the Fili stays intact we may have 8 or less Supremes for the next 4-8 years.
 
Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

ScoobyDoo said:
Well, there are tons of vacancies all over the place. If Hillary gets elected, the Democrats take the Senate, and Rover is right and their willing to throw out the filibuster ability on Judge votes then there will be a ton.
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Cloture is already a simple majority for all justices except SCOTUS. We just don't see the vacancies being filled because the GOP has basically embargoed all vacancies. We've been building up to this for years under both parties, but the Fightin' One Fourteenth really took it to a new low.

Once the cuffs and collars match that president is going to have a field day.

If the Fili stays intact we may have 8 or less Supremes for the next 4-8 years.
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I'm pretty sure that the one outcome that is impossible is for the Dems to take the Senate, the GOP to block cloture on a SCOTUS nominee, and Schumer not delivering the coup de grâce. The GOP forgot that minority protection implies minority responsibility. You don't keep giving matches to the arsonist.
 
Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Kepler said:
In other news, Generalissimo Antonio Scalia is still dead.
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Good show, Roberts
But, writing for the court's majority, conservative Chief Justice John Roberts said that America is not the country that it was a half century ago when the Voting Rights Act was passed to end a century of attempts by former slaveholding states to block blacks from voting.
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Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Great article on the recent evolution of 4th Amendment cases, which post-Scalia may be in for a new tack. This is particularly interesting in that the boring left/right schism is irrelevant in this instance, as the passing (or retention) of so-called "originalism" cuts across conservative/liberal pet outcomes:

Notably, this split is not along conventional liberal/conservative lines. Justice Scalia’s originalism could produce what seemed like liberal results, as in Kyllo and Jones, or what seemed like conservative ones, as when he wrote an opinion in Whren v. United States holding that racial discrimination in traffic stops did not violate the Fourth Amendment. A liberal pragmatist, conversely, might sometimes produce what seem like conservative results. For example, liberal pragmatism might conclude that imposing an invariable requirement that the government obtain a warrant based on probable cause before it can review records of financial institutions might cripple the government’s regulatory powers and insulate broad swaths of white-collar crime from detection, or that a retreat from Terry might produce an unacceptable risk of an urban crime wave.
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Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

unofan said:
How is that whole Johnson thing going? Think he could name a Supreme Court justice?
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Hmmm....tough call, since he can't even name ANY former Mexican President in the last 15-20 years...(not that any of them are worthy of admiration, as far as Mexico's problems go).
 
Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

ericredaxe said:
How is the whole Merrick Garland thing going?
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One wonders if the GOP is wondering if they can find a way to shove Garland through. He's better than anyone they'd get from Hillary, especially if they lose the Senate, Clinton has already said that she thought that the Senate should ratify Garland, and it'd be another way to thumb their nose at tD without actually saying it.
 
Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

CLS said:
One wonders if the GOP is wondering if they can find a way to shove Garland through. He's better than anyone they'd get from Hillary, especially if they lose the Senate, Clinton has already said that she thought that the Senate should ratify Garland, and it'd be another way to thumb their nose at tD without actually saying it.
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Obama can always withdraw him. Even funnier would be if the Dems blocked cloture. :-)

In all honesty if she has the Senate I would nominate a 41-year old liberal Scalia.
 
Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Kepler said:
Obama can always withdraw him. Even funnier would be if the Dems blocked cloture. :-)

In all honesty if she has the Senate I would nominate a 41-year old liberal Scalia.
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I think that depends on the size of the Senate majority. Lets say its 50/50 with people like Bayh and Manchin holding up the majority. I can see Hillary re-submitted non-controversial Garland to the Senate so as to not jam those people up. Mind you, I'm totally opposed to that for that reason, but if Warren and Sanders are on board this could be the route they go.

On the flip side, if the Dems get up to like 54 seats (lets say IL, WI, NH, PA, MO, NC, FL, ID) they're in a lot stronger position and may go uber liberal.
 
Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Kepler said:
Obama can always withdraw him. Even funnier would be if the Dems blocked cloture. :-)

In all honesty if she has the Senate I would nominate a 41-year old liberal Scalia.
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This. If they go with Garland after what those *******s have pulled the Dems are wimpier than ever.
 
Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Rover said:
I think that depends on the size of the Senate majority. Lets say its 50/50 with people like Bayh and Manchin holding up the majority. I can see Hillary re-submitted non-controversial Garland to the Senate so as to not jam those people up. Mind you, I'm totally opposed to that for that reason, but if Warren and Sanders are on board this could be the route they go.

On the flip side, if the Dems get up to like 54 seats (lets say IL, WI, NH, PA, MO, NC, FL, ID) they're in a lot stronger position and may go uber liberal.
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I agree.

The other thing is Hillary and Schumer should mount countdown clocks in their offices that count down by the second until recess for the 2018 midterm. We already know we're going to give the Senate back unless we get an insane 2016 wave. I want every Democrat concentrating on getting work done before the orc army regroups. I want every nominated judge vetted and confirmed ASAP, for starters.

Without the House there is a limit to what we can do, but with the GOP civil war there will be opportunities for Pelosi to offer goodies to sane Republicans in exchange for votes. And if nothing else Senate action can put the spotlight on House obstruction.
 
Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Kepler said:
Without the House there is a limit to what we can do
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who is this "we" of whom you speak? You aren't really naïve enough to think that they care about anyone other than themselves, are you?
 
Re: The Power of SCOTUS VIII redux: IX is being blocked by the Senate.

Also deals cut with the older liberals (e.g. Ginsburg; sometimes she looks to me like she's being handled like the guy in "Weekend at Bernies").
 
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