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Justice Scalia deadFollow

#1 Feb 13 2016 at 4:33 PM Rating: Excellent
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No chance of Obama getting a SCotUS justice confirmed with the GOP Senate, I'm sure. On the other hand, should make this summer's SC docket interesting.
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#2 Feb 13 2016 at 4:33 PM Rating: Good
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I guess this can be a new thread.
#3 Feb 13 2016 at 4:42 PM Rating: Excellent
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Be shame if the Sept 16th thread got bumped to page 2!
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#4 Feb 13 2016 at 4:58 PM Rating: Good
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Xsarus doesn't seem to mind.

I did a quick looksy as SCJ appointment rules because I was ignorant prior. Does he do a recess appointment then with the hope of it later being confirmed by a Democratic senate?
#5 Feb 13 2016 at 5:46 PM Rating: Excellent
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Just as a thought experiment, I would love it if Obama proposed the most right-wing qualified justice available, just to see whether McConnell's principle of obstructing everything the President wants still holds.

Too risky, though; they might come to their senses. It isn't likely, but it's possible.
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#6 Feb 13 2016 at 5:54 PM Rating: Good
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Both McConnell and Cruz are insisting that the next appointment be held up until after the election, because apparently neither are paying very close attention to the election itself and think there's a good chance for them to replace Scalia with a fleshsack of similar political dna.
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#7 Feb 13 2016 at 6:02 PM Rating: Excellent
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Last time I checked, the president is still the president regardless of where we are on the calendar and there's no sliding scale mentioned in the Constitution. Why do Cruz and McConnell hate the US Constitution?

This should do wonders for the "A GOP Congress works!" mantra McConnell and Ryan were trying to push. It's doubtful that the Senate will perform one of its most basic Constitutional tasks.

According to FreeRepublic, the leading cause of death among 79 year old men is presidential assassination.

Edited, Feb 13th 2016 6:03pm by Jophiel
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#8 Feb 13 2016 at 6:52 PM Rating: Decent
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Jophiel wrote:
Last time I checked, the president is still the president regardless of where we are on the calendar and there's no sliding scale mentioned in the Constitution. Why do Cruz and McConnell hate the US Constitution?

This should do wonders for the "A GOP Congress works!" mantra McConnell and Ryan were trying to push. It's doubtful that the Senate will perform one of its most basic Constitutional tasks.

According to FreeRepublic, the leading cause of death among 79 year old men is presidential assassination.

Edited, Feb 13th 2016 6:03pm by Jophiel


The best part is that Cruz seems himself as a constitutionalist. But all in all, it should make the presidential race that much interesting.
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#9 Feb 13 2016 at 8:55 PM Rating: Decent
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Jophiel wrote:
Last time I checked, the president is still the president regardless of where we are on the calendar and there's no sliding scale mentioned in the Constitution. Why do Cruz and McConnell hate the US Constitution?

This should do wonders for the "A GOP Congress works!" mantra McConnell and Ryan were trying to push. It's doubtful that the Senate will perform one of its most basic Constitutional tasks.

According to FreeRepublic, the leading cause of death among 79 year old men is presidential assassination.

I doubt they'd wait that long to off Sanders.
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#10 Feb 13 2016 at 10:40 PM Rating: Excellent
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Jophiel wrote:
Be shame if the Sept 16th thread got bumped to page 2!

Smiley: madSmiley: madSmiley: mad You pressed submit before me, I'll give you that/.

This means that if they tie it holds up the lower court right?



Edited, Feb 13th 2016 10:42pm by Xsarus
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#11 Feb 13 2016 at 11:01 PM Rating: Good
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Stopping Obama from nominating a replacement until after the election... so that whoever wins will nominate Obama as the replacement. Smiley: tinfoilhat
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#12 Feb 14 2016 at 12:05 AM Rating: Excellent
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Sir Xsarus wrote:
This means that if they tie it holds up the lower court right?

Yeah. So the climate change lawsuit will probably be decided in Obama's favor, for instance, since the lower court to rule on it would be the rather liberal DC circuit court.
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#13 Feb 14 2016 at 8:34 AM Rating: Good
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I enjoyed the tasteless fighting that followed his death, especially Trump ragging on the joke candidate Jeb Bush.

Quote:
The two men even squabbled about Bush’s mother. The former Florida governor said proudly, “My mother was the strongest person I know.”

Trump’s response: “Maybe she should be running.”


#VoteTrump
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#14 Feb 14 2016 at 8:49 AM Rating: Excellent
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Point of clarification: If the SCotUS is deadlocked on an issue, the lower court ruling stands but it only affects the district where that court has authority. So if the 7th Circuit Court found it legal for me polyamorously marry lesbian gophers (they warned us this would happen!) and the SCotUS was deadlocked, it would remain legal for me but only in Illinois, Indiana and Wisconsin.

In the case of the environmental regs, the case is being heard by the DC Circuit Court. However, the question is "Can the administration (based in DC) make these regulations?". If they decide "yes" then the administration is free to make those regulations even though they apply to the entire nation.

Early on, I think the nomination issue is perhaps better for the Democratic side: Clinton is framing it as the GOP delegitimizing Obama's presidency which should do wonders with the black GOP vote (and the stonewalled nominee will likely be a woman and/or minority). The most well known SCotUS rulings from the last decade -- Citizens United, Ogburn, Hobby Lobby, etc -- put the public on the Democratic side. The exception might have been the ACA ruling if only Roberts hadn't been the deciding vote although 60-65% of the public supported that ruling as well. So the "What kind of SCotUS do you want?" question seems to favor Democrats. Finally, the public seems to favor process over partisanship: pass a budget even if it means funding Planned Parenthood, raise the debt ceiling without strings attached, etc. The reasons for the GOP to oppose bringing a nominee out are nakedly partisan and I think the majority will oppose it even as the GOP is trapped by their base into continuing the deadlock. Oh, yeah, and as I said the whole "GOP Congress works!" schtick is blown out of the water with this. Expect it to bleed over and shit will be accomplished this year.

That's just off the cuff. I guess if a poll comes out tomorrow showing that 70-30 supports waiting to make a nomination until the next administration I'll be changing my perspective accordingly.

Edit: It's also worth noting that, in trying to defend the Senate from takeover, it's likely that an unpopular GOP stonewall of Obama's nominee will hurt them in states like Illinois and Ohio where GOP senators are trying to portray themselves as moderates.

Edited, Feb 14th 2016 8:58am by Jophiel
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#15 Feb 14 2016 at 9:57 AM Rating: Excellent
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Kuwoobie wrote:
Stopping Obama from nominating a replacement until after the election... so that whoever wins will nominate Obama as the replacement. Smiley: tinfoilhat


This is my dream, but I think Michelle would have a heart attack.
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#16 Feb 14 2016 at 1:28 PM Rating: Good
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I'd like to see Obama in court, too.
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#17 Feb 14 2016 at 3:10 PM Rating: Decent
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Jophiel wrote:
Sir Xsarus wrote:
This means that if they tie it holds up the lower court right?

Yeah. So the climate change lawsuit will probably be decided in Obama's favor, for instance, since the lower court to rule on it would be the rather liberal DC circuit court.


SCOTUS Blog seems to now think that there will generally be reargument vs. affirmance:

Tom Goldstein wrote:
I previously wrote that cases in which the Supreme Court is four-to-four after Justice Scalia’s death would be “affirmed by an equally divided Court.” I now believe that is wrong. There is historical precedent for this circumstance that points to the Court ordering the cases reargued once a new Justice is confirmed.



Edited, Feb 14th 2016 4:12pm by Addikeys
#18 Feb 14 2016 at 3:21 PM Rating: Good
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Scalia wrote:
There are — there are those who contend that it does not benefit African-Americans to — to get them into the University of Texas where they do not do well, as opposed to having slower-track school where they do well. One of — one of the briefs pointed out that — that most of the — most of the black scientists in this country don’t come from schools like the University of Texas. .....

They come from lesser schools where they do not feel that they’re – that they’re being pushed ahead in — in classes that are too — too fast for them.


Forgive me for not feeling too sad.
#19 Feb 14 2016 at 5:28 PM Rating: Excellent
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Addikeys wrote:
SCOTUS Blog seems to now think that there will generally be reargument vs. affirmance:

Interesting. On the plus side, I won't be any more wrong than the people at SCOTUS Blog!
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#20 Feb 14 2016 at 5:44 PM Rating: Excellent
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Almalieque wrote:
Scalia wrote:
There are — there are those who contend that it does not benefit African-Americans to — to get them into the University of Texas where they do not do well, as opposed to having slower-track school where they do well. One of — one of the briefs pointed out that — that most of the — most of the black scientists in this country don’t come from schools like the University of Texas. .....

They come from lesser schools where they do not feel that they’re – that they’re being pushed ahead in — in classes that are too — too fast for them.


Forgive me for not feeling too sad.



Clarence Darrow wrote, "I never killed anybody, but ... I have had a great deal of satisfaction over many obituary notices that I have read."
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#21 Feb 15 2016 at 8:35 AM Rating: Good
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angrymnk wrote:
The best part is that Cruz seems himself as a constitutionalist.
If the last few days are any indication, he's certainly no historian.

Edited, Feb 15th 2016 10:00am by lolgaxe
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#22 Feb 15 2016 at 4:57 PM Rating: Excellent
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From the University of Kentucky Law Review

And the little boy who wrote that grew up to be... Mitch McConnell, Senate Majority Leader. And now you know the rest of the story.
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#23 Feb 15 2016 at 5:35 PM Rating: Good
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He also said that the 6 month rule thing is bunk. Not that it even is the last 6 months of Obama's presidency yet.
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#24 Feb 15 2016 at 7:28 PM Rating: Excellent
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Yes; but that was when they were trying to get Robert Bork confirmed. TOTALLY different thing. Because REAGAN.
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#25 Feb 15 2016 at 9:36 PM Rating: Excellent
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Also this, NSFW language:

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#26 Feb 16 2016 at 9:08 AM Rating: Good
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Oh, is Oliver back?
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