Skip to comments.Democrats Push to Delay Alito Hearings
Posted on 11/02/2005 2:40:45 AM PST by fifthvirginia
Senate Democrats pushed on Tuesday for a 2006 date for hearings on Supreme Court nominee Samuel Alito, challenging President Bush's call for confirmation by year's end.
You're so right. Suppose O'Conner were to say, "Gee, Prez, I really don't like Alito taking MY seat here - You must get a woman here..." What can occur? The Senate impeaching her?
She didn't say "confirmed by the Senate," or other language such as "advice & consent."
I think one can make the straight faced argument that "confirmed" includes the power vested in the President to fill up all Vacancies that may happen during the Recess of the Senate. IOW, the Presidential confirmation creates the vacancy.
Still, it's merely academic in this case, certainly at this point in time. The President has shown appropriate deference to the Senate with regard to making recess appointments, always giveing the Senate reasonable time to act on the nomination before he implements a recess appointment. I would not be against threats and use of the recess appointment power if the Senate engaged in cloture abuse in order to avoid voting on a SCOTUS nomination. I think that credible threat is useful to get the Senate to perform its duty under the Constitution.
http://www.thesmokinggun.com/graphics/art3/0701051oconnor1.gif <- O'Connor Letter
this should solve alot of the problem, he can just make a recess appointment if need be
if repubs don't show some authority soon and take the charge they have been elected to do, it will be a liberal rule after '08
He can invoke Stare Decisis - the Justice has already decided to retire, and reliance has been placed in her decision, etc.
I'd hope he'd clear it up with Sandy to avoid a spit fit.
The other 8 would probably boot her out.
Sandra Day O'Connor filled the vacancy created by the retirement of Potter Stewart. The court's term ended on July 2, 1981. Stewart had announced his plans to retire on June 18. President Reagan nominated O'Connor on July 7. Her first confirmation hearing was Sept. 9, and the Senate confirmed her on Sept. 21.
William Rehnquist, who had been named to the Supreme Court by President Nixon in 1972, was elevated to chief justice in 1986 with the retirement of Warren E. Burger. The court's term ended on July 7, 1986. Burger had announced his decision on June 17, and Reagan tapped Rehnquist on the same day. Rehnquist's first confirmation hearing was July 29, and the Senate confirmed him on Sept. 17.
Anthony M. Kennedy was Reagan's second choice after the Senate rejected Robert H. Bork on Oct. 23, 1987. The court term had ended on June 26, and Lewis F. Powell announced his retirement the same day. On July 1, Reagan nominated Bork, but strong opposition in the Senate torpedoed the selection. Reagan nominated Kennedy on Nov. 11, his first hearing was Dec. 14, and the Senate confirmed him on Feb. 3, 1988.
David H. Souter filled the vacancy created by the retirement of William J. Brennan. The court's term ended on June 27, 1990, and Brennan announced his plans on July 21. President George H.W. Bush nominated Souter on July 23. His first hearing was Sept. 13, and the Senate confirmed him on Oct. 2.
Clarence Thomas filled the vacancy created by the retirement of Thurgood Marshall. The court's term ended on June 27, 1991, and Marshall announced his retirement the same day. Bush nominated Thomas on July 1. His first confirmation hearing was Sept. 10, and the Senate confirmed him on Oct. 15.
Ruth Bader Ginsburg filled the vacancy created by Byron White's retirement. The court term ended on June 28, 1993. White had announced his plans to retire on March 19, and President Clinton nominated Ginsburg on June 14. Her first confirmation hearing was July 20, and the Senate confirmed her on Aug. 3.
Stephen Breyer filled the vacancy created by Harry Blackmun's retirement. The court's term ended on June 30, 1994, and Blackmun had announced his plans to retire on April 6. Clinton announced the nomination of Breyer on May 14. Breyer's first hearing was July 12, and the Senate confirmed him on July 29.
FACTS ON SUPREME COURT JUSTICES
The current court had been the longest-serving nine-justice lineup since 1823, when Republican Rutherford B. Hayes was president.
There have been 145 Supreme Court nominees. Of those, 29 have failed to be confirmed. In the 20th century, only seven have failed.
Republican presidents have appointed nine Democratic justices, Democratic presidents have appointed three Republicans.
Why do they want to delay this for so long? Is this like with John Bolton where they are hoping to find something to use against him?
Just recess appoint him.
I downloaded the Senate rules and read them last spring. The Democrats have lots of "rules" weapons left in their arsenal to block any Bush nominee they want to block.
The Democrats need 6 RINOS to vote against the nuclear option. But even if they fail to get the six, and the nuclear option is adopted, the Democrats can do what they rehearsed yesterday. All they have to do is have two senators invoke Rule 21 on National Security just like they rehearsed yesterday. That will prevent a vote on Alito until the Republicans get enough votes to change on Rule 21. Rule 29 and Rule 31 prevent us knowing what takes place in the secret sessions any two senators can invoke under rule 21. Senators can reveal their own vote but it is illegal for anyone else's senate vote to be reveals with out the senator's permission. It gives pro abortion RINOs lots of cover as the RINOs knew it would.
AS you no doubt know Rule 21 puts no time limit on the length of time the Senate can be held hostage in secret debate on "national security" issues.
Just two Democratic senators can pull rule 21 and get the same effect as a filibuster only more powerful. In the case of Rule 21, the unlimited debate is SECRET. All we will know is which Democrat called it and which Democrat seconded it. We won't know which RINOs did us in by failing to vote for cloture. And that assumes some Democrats will vote for cloture.. FAT CHANCE!!!!
While that unlimited debate on "National Security" is going on in secret, no vote on a Judicial nominee can take place. RULE 21 is a whole new kind of filibuster never used before.
The Democrats can in effect do a different kind of filibuster and the press can't even cover it. Rule 21 Secret sessions have the same effect as a filibuster but the Democrats can do it in secret. Ain't that sweet.
With the defeat of Miers by the right, which Bush had gotten minority leader Ried to agree to confirm, the chances of a conservative supreme court are at best slim and none.
It was pretty obvious from his reaction that Frist did not know what was coming down. Frist at a press conference during the Democrats rehearsal was obviously quite shook. He called on Trent Lott to speak.. Of course Trent implied, "That this would not have happened if I were in charge." Lott also volunteered that what the Democrats are doing complies with the Senate rules. Trent of course is the senate expert on the rules and chairman of the rules committee.
I for one think the Democrats will stall using several methods in the rules until President Hillary gets to make the appointment.
If the Republicans manage to get enough votes to change the Filibuster rule and Rule 21... which rule do you think the Democrats will use after that to block a vote on any conservative nominee to the supreme court? They have several options.
The right was spoiling for a fight with the left. The problem is the left has Senate Rules as powerful as atomic weapons and the right is pretty much limited to broken slingshot and a fake BB gun.
Before itching for a fight, it is usually a good idea to look at what weapons you have and the weapons the opposition has. But that is not something the right or its pundits ever seem to do.
You do know that a recess appointment only serves till the end of the congressional session?
I guess only the whales and blow hards of the senate are allowed to be heard.
Nuke 'em till they glow!
They are digging their own grave and I hope they keep it up so that the brain dead in this country will wake up and see what they really are.
O'Connor announced her retirement on July 1, 2005. This kept with the tradition of allowing the President and Senate the summer to complete the nomination and confirmation process.
Here is another interesting bit of history, just to dispel some of the angst associated with feeling the urge to have an odd number of Justices on the bench.
Congress determines the number of justices on the Court. There have been nine justices on the Court since 1869. There were originally six until 1807 when a seventh justice was added. In 1837 an eighth and ninth were added with a tenth in 1863. The Judicial Circuits Act of 1866 called for the removal of three seats as justices retired. This act was passed to deny President Andrew Johnson from making any Supreme Court appointments. One seat was removed in 1866 and a second in 1867. Before a third seat was removed, the Congress passed the Circuit Judges Act of 1869 restoring the number of seats to nine. Since 1869, the Court has been kept at nine, both for political reasons as well as practical necessity. Subsequent attempts to change the number of justices have since been rejected.
On December 31, 1974, while on vacation in the Bahamas, Douglas suffered a debilitating stroke. Severely disabled, Douglas nevertheless insisted on continuing to participate in Supreme Court affairs, despite his obvious incapacity. In one of the most wrenching episodes in Supreme Court history, seven of Douglas's fellow justices voted to put any argued case in which Douglas's vote might make a difference over to the next term. At the urging of his friend and former student Abe Fortas, Douglas finally retired on November 12, 1975, after 36 years of service. While President Gerald Ford was gracious upon Douglas's retirement, the irony is inescapable that his most bitter political enemy was allowed to name his replacement on the Court.
June 18, 1981
Dear Mr. Justice:
It is with the deepest regret and appreciation for your long and outstanding service to our Nation that, at your request, I accept your retirement as Associate Justice of the Supreme Court of the United States, effective July 3, 1981.
June 17, 1986
Dear Mr. Chief Justice:
It is with great regret that I today accept your retirement as Chief Justice of the United States, effective at the conclusion of the Court's current Term. Your service on the Court, extending over 17 years, has set a high standard for your successors, and you leave with the gratitude of the Nation you served so well.
June 26, 1987: The departure of Lewis Powell was announced from the bench by Rehnquist on the last day of the term. Powell held a noon press conference. He did not notify the White House.
After Justice Lewis Powell retired on June 26, 1987, it took until Feb. 18, 1988 before Kennedy could be sworn in as his successor.
http://msnbc.msn.com/id/9615429/ <- for 2nd statement only
July 20, 1990: William Brennan announced his immediate retirement in a letter to the president and a statement was released at 7:40 on a Friday night.
Justice Marshall had often said that he did not plan to retire, so his decision at the end of the 1990-91 term took both the Court and the country by surprise.
One person familiar with the Court recalled that when Justice Marshall informed his colleagues of his plan, at the Justices' final private conference of the term, even the members of the Court who had clashed with him long and often on matters of law and policy were deeply moved. Exclaiming "Oh, Thurgood!" Chief Justice Rehnquist embraced Justice Marshall in a bear hug. Justice Sandra Day O'Connor wept.
Justice Marshall, a few days shy of his 83d birthday, gave health as the reason for his retirement. At a news conference the next day he was asked, "What's wrong with you, sir?"
"What's wrong with me?" Justice Marshall replied. "I'm old. I'm getting old and coming apart."
When he announced his retirement March 19, 1993, effective at the end of term, he was in many respects at the height of his powers and enjoying good health. He could have continued to serve for several more years.
Blackmun announced his plan on April 6, the following year , though he had alerted then-President Bill Clinton the previous New Years Eve.
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