Supreme Court Appointment
Jacoby
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Second, the person I appoint will be someone who recognizes the limits of the judiciary’s role; who understands that a judge’s job is to interpret the law, not make the law. I seek judges who approach decisions without any particular ideology or agenda, but rather a commitment to impartial justice, a respect for precedent, and a determination to faithfully apply the law to the facts at hand.
But I’m also mindful that there will be cases that reach the Supreme Court in which the law is not clear. There will be cases in which a judge’s analysis necessarily will be shaped by his or her own perspective, ethics, and judgment. That’s why the third quality I seek in a judge is a keen understanding that justice is not about abstract legal theory, nor some footnote in a dusty casebook. It’s the kind of life experience earned outside the classroom and the courtroom; experience that suggests he or she views the law not only as an intellectual exercise, but also grasps the way it affects the daily reality of people’s lives in a big, complicated democracy, and in rapidly changing times. That, I believe, is an essential element for arriving at just decisions and fair outcomes.
A sterling record. A deep respect for the judiciary’s role. An understanding of the way the world really works. That’s what I’m considering as I fulfill my constitutional duty to appoint a judge to our highest court. And as Senators prepare to fulfill their constitutional responsibility to consider the person I appoint, I hope they’ll move quickly to debate and then confirm this nominee so that the Court can continue to serve the American people at full strength.
Source: http://www.scotusblog.com/2016/02/a-res ... seriously/
Intentionally vague, of course (he himself refers to it as "spoiler-free"), but the reference to an impeccable/sterling record goes well with my previous suggestion of Sri Srinivasan, who was unanimously approved by the Senate for his current position as DC Circuit judge.
Furthermore, Obama appears to have the public on his side when it comes to the question of nomination:
Source: http://www.people-press.org/2016/02/22/ ... t-nominee/
The key issue here is that a majority of Independent voters want the Senate to act on the Supreme Court nominee. As such, McConnell's decision to block the appointment may end up being a costly strategy for the GOP in the 2016 Presidential and Senate elections.
I think it is mostly wishful thinking, good luck trying to run in swing states with the looming SC nomination because people aren't stupid and know the implications. When it is framed as Obama trying to take our rights away, it will easy. This will energize conservative voters even more who are turning out in record numbers at the polls and dominate in terms of voter enthusiasm. This won't lose the GOP a single election, it might cost some swing state Dems theirs.
It has always been the prerogative of the Senate to approve the nominee under the "advise and consent" clause of the Constitution
http://definitions.uslegal.com/t/the-ad ... nt-clause/
So if the Senate refuses to give advice and consent, isn't that unconstitutional?
So if my neighbor discovers that his wife has been cheating on him with half the men on this street … and the UPS guy … and a plumber who stopped by … and while he was out of town, she hung out a sign saying "BJs $5" … I'll say "Be realistic! She's just interpreting her wedding vows! That's what married people do!"
It's not so black and white. We have been having debates since it was written on exactly how to apply a certain clause to a situation that people hadn't anticipated when they wrote it.
Jacoby
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It has always been the prerogative of the Senate to approve the nominee under the "advise and consent" clause of the Constitution
http://definitions.uslegal.com/t/the-ad ... nt-clause/
So if the Senate refuses to give advice and consent, isn't that unconstitutional?
a fundamental part of consent is the ability to withhold it, this is true with everything
so no, there is nothing unconstitutional about the GOP not playing ball with Obama over the SCOTUS appointment because it is their right as the majority party in the senate and the truth is there in NOTHING in the constitution that says they have to fill this vacancy like ever. They can just leave it at 8 forever if they want to, the court has had fewer members and more members before. Even numbers as well, we started with 6 and during the Civil War it was expanded to 10. People that know history will know about FDR's court-packing plan where he wanted to expand the court up to 15 members in order to get his New Legislation ruled constitutional, congress didn't go for it.
History, the constitution, and democracy are on the GOP's side, all the Democrats have is partisanship. Republicans should welcome this fight in November. Obama floating Brian Sandoval out there speaks to the desperation he is starting to feel, that would be a pretty shocking nomination but in his mind he has his legacy to think about and there is the very real possibility that a Republican wins in November and retains the Senate while getting rid of the filibuster for SCOTUS nominees and appointing a young judge even more conservative than Scalia that could serve for decades and it is very likely there will be additional openings on the court in the next 4 to 8 years.
so no, there is nothing unconstitutional about the GOP not playing ball with Obama over the SCOTUS appointment because it is their right as the majority party in the senate and the truth is there in NOTHING in the constitution that says they have to fill this vacancy like ever. They can just leave it at 8 forever if they want to, the court has had fewer members and more members before. Even numbers as well, we started with 6 and during the Civil War it was expanded to 10. People that know history will know about FDR's court-packing plan where he wanted to expand the court up to 15 members in order to get his New Legislation ruled constitutional, congress didn't go for it.
History, the constitution, and democracy are on the GOP's side, all the Democrats have is partisanship. Republicans should welcome this fight in November. Obama floating Brian Sandoval out there speaks to the desperation he is starting to feel, that would be a pretty shocking nomination but in his mind he has his legacy to think about and there is the very real possibility that a Republican wins in November and retains the Senate while getting rid of the filibuster for SCOTUS nominees and appointing a young judge even more conservative than Scalia that could serve for decades and it is very likely there will be additional openings on the court in the next 4 to 8 years.
It has always been the prerogative of the Senate to approve the nominee under the "advise and consent" clause of the Constitution
http://definitions.uslegal.com/t/the-ad ... nt-clause/
So if the Senate refuses to give advice and consent, isn't that unconstitutional?
The constitution itself does not address the issue, and it would seem that the Framers of the Constitution did not anticipate such a scenario.
In The Federalist Papers (no. 76), Alexander Hamilton specifically addresses the "Advice and Consent" clause in Article II, Section II.
Here he wrote:
Source: http://thomas.loc.gov/home/histdox/fed_76.html
So no safeguards were apparently introduced to ensure that a nomination would go ahead, as the Framers did not take into account that the Senate might adopt such a strict obstructionist stance.
Jacoby
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It's checks and balances, the Supreme Court which appoints judges for life is the jurisdiction of the congress which sets the number of judges with the Senate having final say on who gets approved. The president being able to just unilaterally name people to the court would be a fast track to tyranny. The GOP if they wanted could pass a law(Obama wouldn't sign it of course) saying not to fill the next 3 vacancies on the court whenever those judges retires which is what happened after the Civil War. Obama really is powerless, the only thing he can do here is just offer up names that the senate might be tempted to think twice about denying like they are currently doing with The Republican governor of Nevada Brian Sandoval.
The Democratic Party isn't powerless either, they could take the Senate and block any Republican nomination. Let's see how they like it when the other side acts like a petulant child.
Jacoby
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The Democratic Party isn't powerless either, they could take the Senate and block any Republican nomination. Let's see how they like it when the other side acts like a petulant child.
they can try, that's why we have elections
luckily we have one this November
lets have nice clean honest fight and then the winner goes the spoils
Obama can have his nominee considered the day after the Democrats win November if that happens
sit tight
auntblabby
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The Democratic Party isn't powerless either, they could take the Senate and block any Republican nomination. Let's see how they like it when the other side acts like a petulant child.
they can try, that's why we have elections luckily we have one this November lets have nice clean honest fight and then the winner goes the spoils Obama can have his nominee considered the day after the Democrats win November if that happens sit tight
what if the senate holds GOP while a dem gets elected, how long will the senate sit on its hands? forever? what will it do for them if they continue refusing to work with the democrats?
Jacoby
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The Democratic Party isn't powerless either, they could take the Senate and block any Republican nomination. Let's see how they like it when the other side acts like a petulant child.
they can try, that's why we have elections luckily we have one this November lets have nice clean honest fight and then the winner goes the spoils Obama can have his nominee considered the day after the Democrats win November if that happens sit tight
what if the senate holds GOP while a dem gets elected, how long will the senate sit on its hands? forever? what will it do for them if they continue refusing to work with the democrats?
Brian Sandoval can fly thru confirmations then cementing Obama's legacy for decades
auntblabby
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Jacoby
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what happens if the GOPers continue to cut off their noses to spite their faces? [IOW reject one of their own for consideration]
then it was a gamble that they lost, it's one they can win too
the American people will decide
I think the Democrats should think long and hard about having Hillary as the nominee because I see a Reagan-esqe landslide on the horizon.
what happens if the GOPers continue to cut off their noses to spite their faces? [IOW reject one of their own for consideration]
then it was a gamble that they lost, it's one they can win too
the American people will decide
I think the Democrats should think long and hard about having Hillary as the nominee because I see a Reagan-esqe landslide on the horizon.
auntblabby
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what happens if the GOPers continue to cut off their noses to spite their faces? [IOW reject one of their own for consideration]
then it was a gamble that they lost, it's one they can win too the American people will decide I think the Democrats should think long and hard about having Hillary as the nominee because I see a Reagan-esqe landslide on the horizon.
unfortunately, you are probably right about hillary. I see a humiliating 20+ point landslide reminiscent of McGovern in '72. it will set back the cause of female presidents for a generation or more. damn. and it is all because of dems who refuse to get their collective @$$es off the GD couch, put down the beer and VOTE. why can't they be motivated to vote like GOPers? don't they know if they don't choose the lesser of two evils, that the greater of two evils will happen? why can't they understand that? when they cancel healthcare for the working class with prejudice, I might as well just take a long walk off a short pier.
Jacoby
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The Democratic Party is still ultimately one controlled by the big party bosses of old, Hillary was promised the nomination for getting out of the way for Barack Obama and they're following thru.
The RNC has much less control of their process and hilariously in their attempt to kill off the Ron Paul grassroots movement with rule changes have made Trump unstoppable. They made it so you couldn't put someone's name onto ballot for nomination unless they won a majority of delegates in 8 states as opposed to a plurality in 4 like in 2012 and have made it now that more delegates are now bound to the winner of the primary/caucus of that state. It is looking likely that Trump will be only person that will be able to meet that threshold.
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