MDD123 wrote:
Jacoby wrote:
He can try to nominate whoever he wants, he's not owed approval or even a vote. There is nothing in the constitution that Obama can do about it except cry, most Americans will agree that we should vote on it.
That's how you know your side won, making someone else cry...
Obama could make a recess appointment like Eisenhower did BTW, so delaying the vote isn't a very good strategy.
There are more than enough parliamentary procedures to avoid a recess appointment, it's not something Obama is going to do regardless. He'll try to nominate someone, fail, then the media will try to browbeat us over it but everybody knows the significance of this appointment so it will just fall along partisan lines. Believe it or not, there are a lot of Americans that would like a say on this even partisan Democrats. They'll try to make it an election issue, like the government shutdown but it's not a winning issue for them. Obama has no leverage, that's why he's a lame duck. There is historical precedent, this happened more than once in our history.
Perhaps Obama's nominee can be considered if Hilary or Bernie Sanders win in November during the lame duck session but I think Hillary and Bernie would have something to say about that. Republicans could play the two off each other and get a nominee more to their liking, just as likely there is a Republican victory in November and they will then decide the next SCOTUS nominee.
We have checks and balances, Obama can name nominees to the court but he can't get them considered or approved. Elections matter and the GOP controls both the House and Senate as well as the majority state legislatures as well as governor offices, Obama and his supporters might not like it but you are the minority.