The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgiving

[joecct]

You'll probably hate him since I doubt he thinks we should just wait around and let people come around on civil rights. I know you're still butt hurt that gay people are starting to get treated like normal human beings.

No. No. No. I believe the States were the solution. Concensus vs diktat. Maryland voted via the ballot box for SSM. I may disagree with the decision, but the will of the people had spoken. Much better than the feelings of 9 judges

And all people deserve to be treated the same. But that doesn't mean that everyone gets to have their cake and edith too.

 

[Kepler]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

Garland is a 63-year old centrist -- that's the carrot. The final three were all centrists but this is the old one, so in effect he's half a justice tenure. The message is, confirm and do it all again in 15 years, or throw your fit and risk Hillary sending up a 45-year old true liberal justice to a Dem-controlled Senate with cloture lowered to simple majority.

I don't think Obama should have tried to get so cute -- do not negotiate with terrorists -- but he can't help himself.

 

[BassAle]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

No. No. No. I believe the States were the solution. Concensus vs diktat.

YOU DON'T GET IT.

If we left this kind of thing up to the States, then interracial marriage would still be illegal in Alabama.

When the court decided Loving v Virginia, most people were opposed to interracial marriage, and it took decades before the "will of the people" moved enough to be in line with the courts decision. A plurality of Americans did not support interracial marriage until 1991 and it was 1997 or so before a _majority_ approved. Were you screaming "diktat" about that?

 

[burd]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

No. No. No. I believe the States were the solution. Concensus vs diktat. Maryland voted via the ballot box for SSM. I may disagree with the decision, but the will of the people had spoken. Much better than the feelings of 9 judges

And all people deserve to be treated the same. But that doesn't mean that everyone gets to have their cake and edith too.

Joecct, I think you really do not understand the counter-majoritarian role the SCOTUS has always played. What good is the Bill of Rights if it is merely advisory?

 

[Kepler]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

If nothing else, the Full Faith and Credit Clause makes a state solution impossible. You're married in NY but when you move to TX you're not? What?

 

[dxmnkd316]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

He's a guy named Merrick Garland, his name passes spellcheck within IE11, and he has some sort of training in the law.

This is brilliant.

 

[dxmnkd316]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

I'm still predicting that Obama gets one of his appointee(s) through before November.

 

[ScoobyDoo]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

If nothing else, the Full Faith and Credit Clause makes a state solution impossible. You're married in NY but when you move to TX you're not? What?

Exactly. And just like Health Care the right wing has no answer for that.

 

[Kepler]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

I'm still predicting that Obama gets one of his appointee(s) through before November.

It sets up an interesting scenario. Let's assume the orcs stonewall Garland for a couple months until the optics are so horrible they are forced to spike him right before August recess. Say Obama comes right back with Sri. At that point the Repubs say, "oh, geez guys, we'd love to help, but ya see... too close to the election, no time to vet properly, (Peter Lorre unctuous laugh) ... sorry!"

So the Sri nom is sitting there and on election day Hillary beats Drumpf by 20 points and the Dems flip 14 Senate seats.

Does the lame duck Senate call to order Wednesday morning and confirm Sri? Does Obama withdraw Sri in deference to Hillary who, now armed with a mandate, can then nominate Goodwin Liu?

 

[ScoobyDoo]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

Garland is a 63-year old centrist -- that's the carrot. The final three were all centrists but this is the old one, so in effect he's half a justice tenure. The message is, confirm and do it all again in 15 years, or throw your fit and risk Hillary sending up a 45-year old true liberal justice to a Dem-controlled Senate with cloture lowered to simple majority.

I don't think Obama should have tried to get so cute -- do not negotiate with terrorists -- but he can't help himself.

Obama wimped out again. I hate this nomination. Hate it.

 

[Rover]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

Garland is a 63-year old centrist -- that's the carrot. The final three were all centrists but this is the old one, so in effect he's half a justice tenure. The message is, confirm and do it all again in 15 years, or throw your fit and risk Hillary sending up a 45-year old true liberal justice to a Dem-controlled Senate with cloture lowered to simple majority.

I don't think Obama should have tried to get so cute -- do not negotiate with terrorists -- but he can't help himself.

There more I think about it, IMHO he's trying to ensure the defeat of several GOP Senators by putting a 60 year old white man up for nomination. Makes not having a hearing that much harder to oppose for Ayotte, Toomey, etc to defend. Might not be right, but Garland looks a lot more like the voters in NH and WI do than Sri Srinivasan does, and in a racially volatile election coming up seems he's going out of his way to not give Trump knuckledraggers a target. I'm guessing Sri ends up replacing RBG in a couple of years.

 

[St. Clown]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

Garland is a 63-year old centrist -- that's the carrot. The final three were all centrists but this is the old one, so in effect he's half a justice tenure. The message is, confirm and do it all again in 15 years, or throw your fit and risk Hillary sending up a 45-year old true liberal justice to a Dem-controlled Senate with cloture lowered to simple majority.

I don't think Obama should have tried to get so cute -- do not negotiate with terrorists -- but he can't help himself.

Would Hillary really go that liberal? She's not Bernie, she has the backing of Wall Street, and needs to retain that support for 2020. The glaring difference between Garland and the next likely candidate would be age and possibly experience on the bench. Beyond that, the next candidate might be slightly more liberal, but not so much that SCOTUS robes would turn tie-dye.

 

[Kepler]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

Obama wimped out again. I hate this nomination. Hate it.

I don't think he wiped out, I think he's trying to be clever. I would have preferred Sri first up to brutally expose the mouthbreathers' partisanship, but I can see what he's doing here. I just don't like the angles.

Maybe he's playing four dimensional Hamiltonian chess and the plan is for Garland to be the icebreaker that, due to age and moderation, peels off enough of the Jacobins to force a down vote, after which, now having destroyed the "lame duck" canard, he comes back with a forceful choice with liberal support and basically dares Hillary to withdraw the name. One last middle finger to the Clintons on the way out the door.

 

[ScoobyDoo]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

There more I think about it, IMHO he's trying to ensure the defeat of several GOP Senators by putting a 60 year old white man up for nomination. Makes not having a hearing that much harder to oppose for Ayotte, Toomey, etc to defend. Might not be right, but Garland looks a lot more like the voters in NH and WI do than Sri Srinivasan does, and in a racially volatile election coming up seems he's going out of his way to not give Trump knuckledraggers a target. I'm guessing Sri ends up replacing RBG in a couple of years.

That's a horrible trade. Horrible. Sri is not the ideological equivalent to RBG.

 

[dxmnkd316]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

It sets up an interesting scenario. Let's assume the orcs stonewall Garland for a couple months until the optics are so horrible they are forced to spike him right before August recess. Say Obama comes right back with Sri. At that point the Repubs say, "oh, geez guys, we'd love to help, but ya see... too close to the election, no time to vet properly, (Peter Lorre unctuous laugh) ... sorry!"

So the Sri nom is sitting there and on election day Hillary beats Drumpf by 20 points and the Dems flip 14 Senate seats.

Does the lame duck Senate call to order Wednesday morning and confirm Sri? Does Obama withdraw Sri in deference to Hillary who, now armed with a mandate, can then nominate Goodwin Liu?

The only bad move Obama can make is if he recess appoints a judge. Bad idea. If plays far too well into the GOP's playbook.

 

[ScoobyDoo]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

I don't think he wiped out, I think he's trying to be clever. I would have preferred Sri first up to brutally expose the mouthbreathers' partisanship, but I can see what he's doing here. I just don't like the angles.

He wimped out. This was his chance to drop the bomb and he wouldn't push the button.

 

[dxmnkd316]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

That's a horrible trade. Horrible. Sri is not the ideological equivalent to RBG.

*ahem*

https://s.graphiq.com/sites/default/files/3019/media/images/_795555_i0.png

 

[Kepler]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

He wimped out. This was his chance to drop the bomb and he wouldn't push the button.

? There was no leverage for him at all. There was no bomb to drop.

His chance to drop the bomb was right at the beginning, when he had a supermajority and could have stocked the federal court system with insane liberals the way the Republicans do with crazy conservatives. But he always has to have his Jimmy Stewart pausing cogitations all over everything and he wasted his window and our mandate. Obama's first 2 years should be studied as How Not to be President. Once he wised up, he had to face a Congress as dumb as a sack of rocks, and it's his own fault.

 

[mookie1995]

Would Hillary really go that liberal? .

She is going to mandate abortion at 8m 3.9 weeks (not a bad idea) and that rover pays his broad secretary the same $$$ that me makes (even better).

--Mookie may vote D after all

 

[ScoobyDoo]

Re: The Power of the SCOTUS VIII - I am certiorari we'll be arguing until Thanksgivin

? There was no leverage for him at all. There was no bomb to drop.

He has all the leverage in the world.

U.S. Senate Majority Leader Mitch McConnell made the following remarks on the Senate floor today following the President’s announcement of his nomination of Judge Merrick Garland to the United States Supreme Court:

"The next justice could fundamentally alter the direction of the Supreme Court and have a profound impact on our country, so of course the American people should have a say in the Court’s direction…The American people may well elect a President who decides to nominate Judge Garland for Senate consideration. The next President may also nominate someone very different. Either way, our view is this: Give the people a voice in the filling of this vacancy."