Antonin Scalia's death

[wdmso]

Originally Posted by Jim in CT

And it's OK, I guess, when Chuck Schumer suggested that the Dems refuse to confirm any Bush nominee for the last 18 months of his presidency. What's good for the goose...

http://www.breitbart.com/big-governm..._medium=social

And I disagree with him ..But lets be frank he made that statement 10 years ago I will recommend to my colleagues that we should not confirm a Supreme Court nominee except in extraordinary circumstances. with no power to forward his recommendation or opportunity to bring it to the floor a Hollow threat

then you have this,, Mitch McConnell said the Senate should not confirm a replacement for Supreme Court Justice Antonin Scalia until after the 2016 election the big difference this is not a recommendation
this the Republican's Mission statement and he is in a position of power

Not sure how he can say

“The American people‎ should have a voice in the selection of their next Supreme Court Justice," McConnell said in a statement. "Therefore, this vacancy should not be filled until we have a new President."

Hate to say it Sen Warren is right

McConnell is right that the American people should have a voice in the selection of the next Supreme Court justice,” Warren wrote. “In fact, they did -- when President Obama won the 2012 election by five million votes.”

Very Very interesting

[Jim in CT]

Originally Posted by wdmso

And I disagree with him ..But lets be frank he made that statement 10 years ago I will recommend to my colleagues that we should not confirm a Supreme Court nominee except in extraordinary circumstances. with no power to forward his recommendation or opportunity to bring it to the floor a Hollow threat

then you have this,, Mitch McConnell said the Senate should not confirm a replacement for Supreme Court Justice Antonin Scalia until after the 2016 election the big difference this is not a recommendation
this the Republican's Mission statement and he is in a position of power

Not sure how he can say

“The American people‎ should have a voice in the selection of their next Supreme Court Justice," McConnell said in a statement. "Therefore, this vacancy should not be filled until we have a new President."

Hate to say it Sen Warren is right

McConnell is right that the American people should have a voice in the selection of the next Supreme Court justice,” Warren wrote. “In fact, they did -- when President Obama won the 2012 election by five million votes.”

Very Very interesting

"But lets be frank he made that statement 10 years ago "

He made the statement the last time a Republican president had the potential to nominate a SCOTUS justice, when the Dems controlled the Senate. Obviously, Schumer wouldn't have said that during the Obama presidency, so the fact that it was 10 years ago, is irrelevant.

The President has the right to nominate anyone he wants. The Constitution doesn't allow anyone to prevent him from nominating someone. The Senate has the right to say "no, thanks", as the Dems did with Justice Bork, widely considered to be a brilliant jurist, and rejected for pure politics, and I don't recall any of the Democrats apologizing fot that. Biden led the charge against Bork, and he can't have it both ways. If there was nothing wrong with the Dems blocking Bork, there's similarly notihng wrong with the GOP blocking whatever Bolshevik twit Obama nominates.

"And I disagree with him "

I notice you didn't say why you think Scalia is wrong.

"Sen Warren is right "

Are you feeling OK? Yes, Obama won the 2012 election. And in 2014 (the most recent national election), do you know what happened? Those same people that elected Obama in 2012, gave the Senate majority to the GOP.

You, and Senator Warren, are saying that the 2012 election was an expression of the will of the people, but the 2014 midterms were not?

Brother, I would just LOVE to hear you, or Senator Lie-awatha, explain that one. You have fun with that, OK?

I guess we should just forget every election the Democrats have ever lost?

Every Republican Senator is just as "elected" as Obama is.

[JohnR]

I don't see what is different this time than previous ones - both sides have attempted and often been successful in stonewalling or preventing a nomination for a justice.

Situation normal, all depends on whose ox to gore.

[Jim in CT]

Originally Posted by JohnR

I don't see what is different this time than previous ones - both sides have attempted and often been successful in stonewalling or preventing a nomination for a justice.

Situation normal, all depends on whose ox to gore.

The difference is, when Bush was in office, dissent was "the highest form of patriotism". Now that Obama is in there, dissent is the lowest form of racism.

Of course, you are correct.

[RIROCKHOUND]

Originally Posted by Jim in CT

The difference is, when Bush was in office, dissent was "the highest form of patriotism". Now that Obama is in there, dissent is the lowest form of racism.

Of course, you are correct.

No, it isn't racisim, but it is partisanship at its worst on both sides. For every Schumer quote, there are quotes of McConnell et al., during the Bust administration backing the president's right to nominate justices.

Detbusch as the constitutional expert here, I'll ask you, and I'll admit I am ignorant. Is there any so-called 'nuclear' recess type options for justices like there are for other appointments?

[detbuch]

Originally Posted by RIROCKHOUND

Is there any so-called 'nuclear' recess type options for justices like there are for other appointments?

The last paragraph of Article II section 2, which contains the appointments clause, states "The President shall have Power to fill up all Vacancies that may happen during the Recess of the senate, by granting Commissions which shall expire at the End of their next session."

So, yes, Obama can make a recess appointment to the SC. And that has been done before. But the Senate can vacate that appointment after their next session, which has also been done before. So it would only be temporary, unless approved by the Senate. Obama has an opening now to do that since the Senate is in recess. But he says he won't. And if he doesn't do it now, he probably won't be able to do it afterwards since the Senate would stay in session, either in fact or pro forma, to avoid that.

One of the more unusual anomalies on the matter of recess appointments to the Supreme Court, if the Senate vacates them, is that SCOTUS Judges are supposed to be appointed for life. But that only applies if the Senate confirms them. Which is another indicator of the power and necessity of Senate confirmation and of the limited power of the President to appoint.

[RIROCKHOUND]

Originally Posted by detbuch

The last paragraph of Article II section 2, which contains the appointments clause, states "The President shall have Power to fill up all Vacancies that may happen during the Recess of the senate, by granting Commissions which shall expire at the End of their next session."

So, yes, Obama can make a recess appointment to the SC. And that has been done before. But the Senate can vacate that appointment after their next session, which has also been done before. So it would only be temporary, unless approved by the Senate. Obama has an opening now to do that since the Senate is in recess. But he says he won't. And if he doesn't do it now, he probably won't be able to do it afterwards since the Senate would stay in session, either in fact or pro forma, to avoid that.

One of the more unusual anomalies on the matter of recess appointments to the Supreme Court, if the Senate vacates them, is that SCOTUS Judges are supposed to be appointed for life. But that only applies if the Senate confirms them. Which is another indicator of the power and necessity of Senate confirmation and of the limited power of the President to appoint.

Thanks for the lesson.
If Obama nomiates a so-called moderate, the Senate will be playing a tough hand; delay delay delay, and hope the GOP candidate wins, of they will have to obstruct nominees for 4 more years

[scottw]

Originally Posted by JohnR

I don't see what is different this time than previous ones - both sides have attempted and often been successful in stonewalling or preventing a nomination for a justice.

Situation normal, all depends on whose ox to gore.

exactly

[wdmso]

Originally Posted by Jim in CT

"But lets be frank he made that statement 10 years ago "

He made the statement the last time a Republican president had the potential to nominate a SCOTUS justice, when the Dems controlled the Senate. Obviously, Schumer wouldn't have said that during the Obama presidency, so the fact that it was 10 years ago, is irrelevant.

The President has the right to nominate anyone he wants. The Constitution doesn't allow anyone to prevent him from nominating someone. The Senate has the right to say "no, thanks", as the Dems did with Justice Bork, widely considered to be a brilliant jurist, and rejected for pure politics, and I don't recall any of the Democrats apologizing fot that. Biden led the charge against Bork, and he can't have it both ways. If there was nothing wrong with the Dems blocking Bork, there's similarly notihng wrong with the GOP blocking whatever Bolshevik twit Obama nominates.

"And I disagree with him "

I notice you didn't say why you think Scalia is wrong.

"Sen Warren is right "

Are you feeling OK? Yes, Obama won the 2012 election. And in 2014 (the most recent national election), do you know what happened? Those same people that elected Obama in 2012, gave the Senate majority to the GOP.

You, and Senator Warren, are saying that the 2012 election was an expression of the will of the people, but the 2014 midterms were not?

Brother, I would just LOVE to hear you, or Senator Lie-awatha, explain that one. You have fun with that, OK?

I guess we should just forget every election the Democrats have ever lost?

Every Republican Senator is just as "elected" as Obama is.

Mid terms are mid terms they are the will of state election's not a presidential election and if you think they trump a presidential election.. if just shows how partisan you really are .. they may influence things in Washington But they don't erase who the POTUS or nullify those who voted for him ..

Its just bad timing for the republicans .. and if a Hillary or Bernie gets in and there are vacancies to be Filled OMG Thats going to be fun to watch

[detbuch]

Originally Posted by wdmso

Mid terms are mid terms they are the will of state election's not a presidential election and if you think they trump a presidential election.. if just shows how partisan you really are .. they may influence things in Washington But they don't erase who the POTUS or nullify those who voted for him ..

They don't trump presidential elections, but neither do presidential elections trump them. Presidents may be elected, among other things, to NOMINATE Supreme Court Judges, but Senators are elected to CONFIRM, and thus ultimately to appoint them. You seem to have a hard time understanding that simple but very important, fundamental, concept.

Would you prefer a king or dictator instead of a constitutionally limited President?

Its just bad timing for the republicans .. and if a Hillary or Bernie gets in and there are vacancies to be Filled OMG Thats going to be fun to watch

Do you enjoy cat fights?

[Jim in CT]

Originally Posted by wdmso

Mid terms are mid terms they are the will of state election's not a presidential election and if you think they trump a presidential election.. if just shows how partisan you really are .. they may influence things in Washington But they don't erase who the POTUS or nullify those who voted for him ..

Its just bad timing for the republicans .. and if a Hillary or Bernie gets in and there are vacancies to be Filled OMG Thats going to be fun to watch

"Mid terms are mid terms "

Thanks for the scoop.

"they are the will of state election's not a presidential election"

That is a tortured, nonsensical answer if I have ever heard one. In 2014, the will of many states was to replace Democratic senators with Republican ones, meaning that those people in those states, wanted a Republican senator, not a Democrat one, to decide on confirmations. That's democracy.

WDMSO, were you complaining when the Democrats blocked Bork's nomination? If not, you have zero legitimate beef here

"they may influence things in Washington But they don't erase who the POTUS or nullify those who voted for him "

Who said that midterms negate the Presidential elections 2 years prior? I said Obama gets to pick the nominee. And the Republican-led Senate, via the will of the people, gets to vote on confirmation.

There has never been a President as dismissive and insulting to those who disagree with him, than Weird Harold. He hasn't built up a lot of goodwill among us bitter clingers, us racists, those of us who do nothing but "hate all the time". He reaps what he sows.

"Its just bad timing for the republicans "

True, but during the first 6 years of Obama's presidency, when the Dems controlled the senate, would have been far worse.

"and if a Hillary or Bernie gets in and there are vacancies to be Filled OMG Thats going to be fun to watch"

If the GOP still controls the Senate, it will be entertaining. If the GOP nominates Trump, the GOP could easily lose control of the Senate. Then the next few years would be a jackpot for liberals.