Posted on 07/24/2014 4:00:50 AM PDT by 2ndDivisionVet
The author’s underlying premise here is flawed. The Republican Party would never filibuster a Supreme Court nominee named by Barack Obama ... even if Osama bin Laden was the nominee.
Well there are several Republican parties. I gather you’re talking about the one infested by John Cornyn, Marco Rubio, Mitch McConnell, John McCain, Mitt Romney, John Boehner and that lot, right?
The author confuses “Republican Party” with “conservatives.” There is a very small conservative contingent in Washington, D.C. This doesn’t change even if the Republican Party controls the White House and both Houses of Congress.
I would hope Republicans would filibuster Larry Tribe! The author actually was hopeful of being nominated at one time.
Talk about divisive! His tone in this article is evenly measured given his deep-seated ideological leanings.
Oldplayer
“The author’s underlying premise here is flawed. The Republican Party would never filibuster a Supreme Court nominee named by Barack Obama ... even if Osama bin Laden was the nominee.”
After some perfunctory objections and weeks of anti-Repub bashing by the media even a Repub majority in the senate would approve whatever psychotic leftist Ob@st@rd nominated.
The fact that Tribe has been a player in the politicization of the Supreme Court in recent decades — and yet offers such a totally flawed analysis of today’s political scene — reinforces my belief that “legal scholars” are among the most marginal, overrated people you’ll meet these days.
It has become the practice for a justice to announce his retirement effective upon the confirmation of his successor. So the “vacancy” is conditional and the Court continues to function with 9 justices as the confirmation process creaks along. I think this is a change in recent decades. Now, if a justice were to die or actually leave the court, I think we would see a much faster process.
In the unlikely event that the GOPe held its ground, for Obama, it would soon no longer matter what the Supreme Court did. He would simply rule by decree disguised by some confusing complex legal obfuscation.
Harry Reid would simply extend his filibuster ban to SCOTUS nominees, and Obama would get his LGBT/Muslim/La Raza nominee confirmed easily.
The question is why doesn’t Ginsberg retire?
She is old, and she is sick (and I think a case could be made that she is no longer up to the job, perhaps her clerks are doing all the real work).
But why hang on? She could have retired when the Democrats were in full control and could have nominated and have confirmed any far left extreme person.
So why didn’t she, and why is she hanging on now?
I don’t have an answer but I think it would prove interesting when (if) the truth is ever known.
If Harry Reid is still majority leader, what makes the author not even consider the highly probable likelihood that Reid would change the rules of the Senate without hesitation (by outlawing filibusters of Supreme Court nominees) if it suits his party politically?
The only reason he hasn’t done so yet is that there was no vacancy at the time. The Democrats needed to pack the lower courts with political nominees, so that’s the rule that Harry Reid needed changed. And he did. Anyone who thinks he wouldn’t do it again for expediency’s sake is a fool. The man is obviously shameless, and he can expect the same compliance from the media as when he did it the first time.
And the Democrats would use empty Supreme Court seats as a bludgeon. “The Republicans won’t do their duty!” and “Vote for us or the Republicans will pack the Court!” will be their battle cries.
And they’ll pull out all stops on the vote fraud front - a decisively Constitutionalist majority on the SCOTUS might be a disaster for them.
FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.
It will make no difference to the court’s make-up if Obama gets to replace that old bat. He’ll simply choose another lib-tard dirt-bag; and he’d be hard pressed to find someone who hates the U.S. Constitution more than does Ruth Bader Ginsberg.
Now, if he had a chance to replace Scalia or Thomas, THAT would be a disaster.
...no longer up for the job?
When was she EVER up for the job? She respects the constitutions of South Africa and the EU more than she does the one she is sworn to uphold.
Precisely why McConnell has to go!
He’d make a recess appointment. Even with the recent NLRB ruling, the Senate can’t, physically, stay in session forever.
If the recess appointment problem didn’t exist, the solution would be to filibuster the Ginsburg replacement until Scalia or Kennedy left. Then demand reciprocity: the President gets to select a nominee, and the GOP leadership gets to select a nominee. Both get voted on at the same time.
Yes, we’d have to trust that the GOP leadership would choose a Conservative for their selection. But it’s a better option than leaving it to Obama. And it fits within the boundaries of the “advise” part of “advise and consent”
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.