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Surprise: Obama vetting GOP Gov. Brian Sandoval for Scalia's Supreme Court seat
Hot Air.com ^ | February 24, 2016 | ALLAHPUNDIT

Posted on 02/24/2016 3:38:25 PM PST by Kaslin

Gotta give credit where it’s due. Obama and his pal Harry know how to troll Republicans.

Brian Sandoval, the centrist Republican governor of Nevada, is being vetted by the White House for a possible nomination to the Supreme Court, according to two people familiar with the process.

Sandoval is increasingly viewed by some key Democrats as perhaps the only nominee President Obama could select who would be able to break a Republican blockade in the Senate…

Sandoval met Monday with Senate Minority Leader Harry M. Reid, a fellow Nevadan with whom he enjoys cordial relations.

A person familiar with the conversation said that while Sandoval told Reid he had not made a final decision on whether he would accept a Supreme Court nomination, he would allow the vetting process to move forward. Another person in Nevada familiar with the process confirmed that the process is underway.

Sandoval is pro-choice, expanded Medicaid, and oversaw Nevada’s construction of its own ObamaCare exchange (after the first attempt went sideways). He’s as “friendly” to Democrats as a modern Republican gets. Even so, I’m trying to imagine the reaction on the right if a Supreme Court vacancy opened up and a Republican president decided to bypass scores of conservative justices to nominate a center-left Democrat. And not just any center-left Democrat but someone who’s arguably underqualified: Sandoval spent a few years as attorney general of Nevada and then a handful more as a federal district judge, but most SCOTUS nominees have extensive appellate experience. Maybe Obama could sell this to the left on grounds that, with a Republican majority in the Senate vowing they’ll obstruct anyone he puts forward, a centrist Republican nominee is the best they can hope for. I doubt the right would go for that if the tables were turned, though; they’d want a Republican president to name a mainstream conservative and then fight tooth and nail to break the Senate’s will.

Maybe Obama could convince liberals that naming Sandoval would be worth it for the lulz. McConnell and Grassley would start to sweat as the White House proclaimed that the GOP is so intractable they’d actually block a member of their own party from the High Court out of personal pique towards Obama. Dean Heller, the Republican senator from Nevada, would likely cave immediately and call for McConnell to confirm Sandoval. The usual suspects, like Kirk, Collins, McCain, and Graham, would crumble too and join him. Soon you’d have open warfare within the GOP over whether to at least give Sandoval a Judiciary Committee hearing, and once the hearing was held there’d be pressure for a vote, and once that vote was held there’d be pressure for a floor vote. Like I say, Obama and Reid know how to troll. Kicking Sandoval onto the Supreme Court would also remove a major political stumbling block for Democrats in Nevada. Sandoval has been touted as an eventual Senate candidate; in the post-Trump GOP, with centrism newly respectable on the right again, it’s not nutty to think he’d have a half-serious eleventh-hour conversion on abortion down the road and run for president. Putting him on the Court, where he’ll be a reliable vote for Roe, would extract him from the political arena in his home state and beyond for the rest of his life. And Sandoval seems open to the opportunity:

"It would be a privilege," Sandoval said Saturday. The Supreme Court "is the essence of justice in this country."

Sandoval was unanimously confirmed by the Senate when he was nominated to a district court position by President George W. Bush in 2005, on Reid's recommendation. He quit four years later to mount a challenge to Nevada's incumbent governor, a race he won easily. But Sandoval has always said he wouldn't mind returning to the bench at some point.

"I loved my job as a judge when I did it," Sandoval said Saturday. “I, as I sit here, don't know what I'm going to do next. But I do know I'm the governor of Nevada."…

Asked which Supreme Court justices he admired, Sandoval pointed to Sandra Day O'Connor, who served in Arizona's state legislature before becoming a federal judge and, eventually, the first woman to serve on the high court.

How does O’Connor II sound, conservatives? Look on the bright side: This time, at least you’ll know going in that Sandoval’s prepared to sell you out on abortion.

Now, let me blow your mind with a hypothesis: With Trump as the near-certain GOP nominee, the Senate Republican majority is better off making a deal with Obama to confirm someone this year than waiting for the results of the election. Think about it. If Hillary wins, she’ll want to impress liberals who held their noses and turned out for her so she’ll nominate someone who’s reliably left-wing. The GOP could block that nominee, as we’ll have enough seats for a filibuster next year even in a worst-case scenario, but Schumer could always nuke the filibuster — and even if he doesn’t, there’s no running out the clock on Hillary. You can Bork her first nominee, but resistance will wear down for the second. She’ll wait us out. If Trump wins, meanwhile, the Senate GOP will be a in bind. They can work on him behind the scenes to appoint a strong conservative to the Court, but Trump’s likely to drift towards the center, not towards the right, in the general election. If he beats Hillary, it’ll be with a centrist coalition. He may try to reward those voters and set the tone for his presidency with a centrist Court nominee capable of winning votes from both parties. What do Senate Republicans do then, with the new leader of the party fresh off his stunning presidential victory? Do they dare try to Bork his choice right out of the gate? Not a chance, I think, which means you’re trusting Donald Trump to make a strong conservative pick and spare them that dilemma. How lucky do you feel?

All of that being so, the Senate GOP may never have as much leverage over the next justice as it does right now. Republicans have a majority for the moment and they’re under far less pressure to confirm an Obama nominee than they’d be under with Hillary or Trump in the White House. If you believe the conventional wisdom about Trump as a weak nominee with poor favorables who’ll ruin Republicans down-ballot, they’re also far less likely to maintain that Senate majority next year than they’d be with Rubio at the top of the ticket. They can dictate some terms if they want to make a deal with O right now (although not on abortion, alas). With Hillary or Trump, they might not be able to dictate any. Why wait for next year, then, rather than make a deal right now?


TOPICS: Culture/Society; Editorial; Government
KEYWORDS: antoninscalia; dingyharryreid; gop; governor; obama; republican; rinosandoval
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To: VRWCarea51
Fox tonight-Bret was reporting McConnell in talks to meet with barky to discuss nomination.

Jesus. It's like they are EAGER to bone America.

41 posted on 02/24/2016 4:01:37 PM PST by Lazamataz (I'm an Islamophobe??? Well, good. When it comes to Islam, there's plenty to Phobe about.)
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To: VRWCarea51

This is such B. S.

This may be the thing that drives Trump into the 90 percentile.


42 posted on 02/24/2016 4:01:44 PM PST by DoughtyOne (Facing Trump nomination inevitability, folks are now openly trying to help Hillary destroy him.)
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To: NorthMountain

I agree. If nothing else they could revoke his party membership. Do it before an election.

Sorry bub, you’re not one of us.


43 posted on 02/24/2016 4:03:01 PM PST by DoughtyOne (Facing Trump nomination inevitability, folks are now openly trying to help Hillary destroy him.)
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To: Kaslin

I always thought of Scalia as starting on the right and staying there - at least he consistently treated the Constitution as an originalist, which I think every justice should do regardless of any political leanings.


44 posted on 02/24/2016 4:03:06 PM PST by Fester Chugabrew (Diversity is Hillary Clinton and Barack Obama sharing the same jail cell.)
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To: DoughtyOne
If nothing else they could revoke his party membership.

"They"??? Who are "they"? The McConnells, Boehners, and Ryans of the world? They won't revoke Sandoval's GOP membership. They and he are the same.

45 posted on 02/24/2016 4:06:15 PM PST by NorthMountain (A plague o' both your houses.)
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To: Fester Chugabrew

Justice Byron wizzer White went from left to right, but that was back in the 60s & 70s.


46 posted on 02/24/2016 4:10:24 PM PST by LongWayHome
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To: DoughtyOne

Obama should nominate Trump’s sister.


47 posted on 02/24/2016 4:10:41 PM PST by RightFighter (This space for rent)
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To: NorthMountain

I agree, but we were talking about what a remedy would look like. If we had decent leadership this is the sort of thing we could/should do.

Let the public know the guy isn’t one of us, so they can’t get elected.


48 posted on 02/24/2016 4:12:06 PM PST by DoughtyOne (Facing Trump nomination inevitability, folks are now openly trying to help Hillary destroy him.)
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To: RightFighter

LoL


49 posted on 02/24/2016 4:12:38 PM PST by DoughtyOne (Facing Trump nomination inevitability, folks are now openly trying to help Hillary destroy him.)
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To: Kaslin
Trolling? Yes. Going to happen? Not a chance. The far-left wingnuts in the party would go berserk. Stay the course, GOP, nothing to see here.
50 posted on 02/24/2016 4:14:56 PM PST by Major Matt Mason (Those that can, do, those that can't, work in the Beltway.)
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To: Kaslin

Fool us once, shame on you. Fool us twice, shame on all of us especially the RINO’s and GOPe.


51 posted on 02/24/2016 4:22:12 PM PST by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: Kaslin

Senate has to “advise and consent” - their advice should be that they won’t consider a new appointment to the Court at this time because the process would be contaminated by political considerations in this election year - they’ll be glad to consider and possibly consent to the next appointment once the election is settled....


52 posted on 02/24/2016 4:26:02 PM PST by Intolerant in NJ
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To: Lazamataz

#37 Is it his position or one he had to take to get elected in Nevada?


53 posted on 02/24/2016 4:26:09 PM PST by VRWCarea51 (The original 1998 version)
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To: DoughtyOne

Just reporting what I heard bret report!
I hope all the R candidates rip McPost Turtle over it

Let all those quisling RINO senators know the pitchforks are next.


54 posted on 02/24/2016 4:30:29 PM PST by VRWCarea51 (The original 1998 version)
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To: Kaslin

I can see a compromise that should be acceptable to both sides

1- Obama makes his nomination

2- The Senate agrees to hold hearings on the nominee

3- Committee hearings are scheduled begin the week after the elections and last for two days.

4-Both sides agree not to filibuster said nominee or the Senate changes its rules to limit debate in this one instance.

5- Senate promises and up-or down vote

6-Obama promises not to withdraw the nomination

This can be easily done prior to the end of the Congressional session, ,it would have nearly two months to get it done ( from Nov 8-Jan 1) but could be done in a few days.

If Hillary wins, then the Senate votes on the “ moderate” Obama nominee before she takes power.

If the GOP wins, even if Trump wins, they can vote Obama’s nominee down and allow the next president to make his selection.


55 posted on 02/24/2016 4:31:40 PM PST by RonnG
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To: Kaslin
If you believe the conventional wisdom about Trump as a weak nominee with poor favorables who’ll ruin Republicans down-ballot, they’re also far less likely to maintain that Senate majority next year than they’d be with Rubio at the top of the ticket.

Hores$h!t.

56 posted on 02/24/2016 4:38:32 PM PST by Rockitz (This is NOT rocket science - Follow the money and you'll find the truth.)
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To: RonnG

I like this sandbagging approach and thought about it myself even prior to reading your post.


57 posted on 02/24/2016 4:40:27 PM PST by Rockitz (This is NOT rocket science - Follow the money and you'll find the truth.)
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To: Kaslin

We do NOT need a pro-abort Ray Lahood Republican on the Supreme Court.


58 posted on 02/24/2016 4:45:09 PM PST by Dr. Sivana (There is no salvation in politics)
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To: Kaslin

Here is something to think about..

The new congress takes office on Jan 3rd
The new president takes office on Jan 20th

What if.... Obama nominates someone... the republican controlled Senate blocks a vote on them, Trump wins the election, but Republicans lose the Senate. A Democratic controlled Senate takes over on Jan 3rd, 17 days before Trump is sworn in and rubber stamps ANY nominee Obama has made before Trump can withdraw the nomination on the 20th after taking office.

Heck Ginsburg might even resign during that period and Obama and a Democratic Senate could replace them both in one fell swoop as a big FU before leaving office.


59 posted on 02/24/2016 4:45:18 PM PST by TexasFreeper2009 (You can't spell Hillary without using the letters L, I, A, R)
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To: TexasFreeper2009

Could Republicans filibuster in that case?


60 posted on 02/24/2016 4:46:19 PM PST by nascarnation (RIP Scalia. Godspeed)
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