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Op-Ed: Democrats have a secret weapon to thwart a rapid Ginsburg replacement. They should use it
LA Times via Yahoo ^ | September 19th, 2020 | Erwin Chemerinsky

Posted on 09/19/2020 9:37:57 AM PDT by Mariner

Wouldn’t it be nice if Democrats and Republicans could just agree that the fair and right course would be to not replace Justice Ruth Bader Ginsburg until after the presidential inauguration in January? We could simply stick, for now, with the precedent established by Senate Majority Leader Mitch McConnell when he refused to hold a vote on the nomination of Merrick Garland to replace Justice Antonin Scalia.

At the time, nearly nine months before the 2016 presidential election, he declared, “The American people should have a voice in the selection of their next Supreme Court justice. Therefore, this vacancy should not be filled until we have a new president.”

But just hours after the announcement of Ginsburg’s death on Friday, McConnell declared, “President Trump’s nominee will receive a vote on the floor of the United States Senate.”

There is little Democrats can do to stop Trump from nominating someone and the Republicans from confirming that person quickly, if that’s what they choose to do. Republicans hold a 53-47 majority in the Senate, and they have eliminated the use of the filibuster in Supreme Court nominations. So the hope must be that four Republican senators — perhaps those facing tight reelection races — will have the courage to stand up to their party and refuse to allow a confirmation to be rushed through.

That is probably a distant hope. So far, Senate Republicans have shown little inclination to stand up to Trump and McConnell, as was evident in their confirming Brett Kavanaugh for the Supreme Court, despite compelling testimony about an alleged sexual assault and perjury — and despite clear evidence that he lacked judicial temperament. Nor did Republicans demonstrate any independence or courage during the impeachment of Trump.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Constitution/Conservatism; Editorial; Government; News/Current Events
KEYWORDS: ginsburg; mcconnell; scotus
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Chemerinsky, the commie professor, expresses butt-hurt on behalf of the left and recommends packing the court as a remedy.

When Democrats have POTUS, the House and 60 votes in the Senate (or elimination of filibuster and 51 votes), they can change the statute and do just that.

It's been done before.

1 posted on 09/19/2020 9:37:57 AM PDT by Mariner
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To: Mariner

There has to be a conservative black female somewhere in this country. This is a meatball pitch waiting for us to hit a grand slam. Why would we let the Dems off the hook. Make them vote down a black female to the supreme court and see where that gets them.


2 posted on 09/19/2020 9:38:50 AM PDT by MagillaX
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To: Mariner

“...the fair and right course..”

Yeah, just ignore laws and the Constitution.


3 posted on 09/19/2020 9:39:46 AM PDT by MAGA2017
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To: MagillaX
Remind yourself what they did to Clarence Thomas.

This is the Communist Left we're dealing with.

Just nominate Amy and stand firm.

4 posted on 09/19/2020 9:41:45 AM PDT by G Larry (There is no merit in compromising with the Devil.)
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To: Mariner
The problem with the narrative is the next president may very well be the current president. That wasn't ever going to be the case with 2016.

How hard will Dems scream if an 8 member court, short one clearly defined leftist, decides the outcome of the election because of mail ballot fraud or other irregularities?

5 posted on 09/19/2020 9:42:34 AM PDT by newzjunkey (Vote Giant Meteor in 2020)
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To: Mariner

Democrats can try but if they do, its a wash because we’re in civil war territory.


6 posted on 09/19/2020 9:43:15 AM PDT by Bayard
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To: Mariner

So what’s the secret weapon?


7 posted on 09/19/2020 9:43:35 AM PDT by be-baw
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To: Mariner

democrats play dirty all the time. Republicans should do what they want, and not give a darn about what the media or the democrats think. Just do it!


8 posted on 09/19/2020 9:43:59 AM PDT by I want the USA back (Media deliberately and intentionally chooses to lie, with full awareness and knowledge.)
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To: MagillaX

Would please take that silly shit back home with you?

The next nominee should be the most conservative strict constructionist that can be confirmed.

Affirmative Action for a justice is juvenile.


9 posted on 09/19/2020 9:44:09 AM PDT by Mariner (War Criminal #18)
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To: Mariner
“One way for Democrats to make clear they will not tolerate Republicans trying to fill this seat in advance of the election would be for them to pledge that, if they take the White House and Senate in November, they will increase the size of the Supreme Court to 13 justices.”

If the Democrats announce that, the Republicans should accommodate them and expand the court to 13 justices right now - before the November election.

And then fill all the new seats. Right now.

10 posted on 09/19/2020 9:44:27 AM PDT by jeffersondem
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To: MagillaX

There has to be a conservative black female somewhere in this country.

+++++++++++++++++++++++++++++++++++++++++++

Candace Owens comes to mind - she’s NOT qualified, etc., but that’s the mindset a conservative black female nominated for SCOTUS should have. If Trump can find one, the streets in this country would be slick with Leftist/Dem/Prog brain matter from all the heads exploding.


11 posted on 09/19/2020 9:44:56 AM PDT by Qiviut ("I have never wished death upon a man, but I have read many obituaries with pleasure" Mark Twain)
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To: G Larry

The optics were different when it was Thomas.


12 posted on 09/19/2020 9:45:09 AM PDT by newzjunkey (Vote Giant Meteor in 2020)
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To: jeffersondem

“And then fill all the new seats. Right now.”

Correct.


13 posted on 09/19/2020 9:45:59 AM PDT by Mariner (War Criminal #18)
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To: be-baw
So what’s the secret weapon?

Packing...

Not so secret.

14 posted on 09/19/2020 9:46:30 AM PDT by Magnatron
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To: Mariner
Gee, that's not what the LAT said back in May of 2016 about the GOP Senate refusing to consider 0bama's nominee. They were seriously irritated...
15 posted on 09/19/2020 9:46:32 AM PDT by jeffc (I'm a Patriot, and the media are our enemy)
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To: Mariner

Despite what Biden claimed, Obama’s nominee was not brought up for a vote in 2016 because that was his last year in office, the year he nominated Garland, no president has had his nominee approved under that scenario with an opposition party controlling the Senate since the 1800’s and Republicans controlled the Senate in 2016.

This is not currently the case for Trump as the President and majority Senate are now of the same party. Therefore Trump gets his pick and Obama doesn’t! That’s how it works!!!


16 posted on 09/19/2020 9:46:34 AM PDT by Its All Over Except ... (If You Haven't Realized You Are In Clo Too Much Time At The Circus)
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To: Magnatron

Ask FDR how that worked out for him.


17 posted on 09/19/2020 9:47:18 AM PDT by dfwgator (Endut! Hoch Hech!)
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To: be-baw

It’s so secret the Dems don’t even know about it...


18 posted on 09/19/2020 9:47:20 AM PDT by gov_bean_ counter (In this circus called the Democrat Party, Biden is the monkey and Harris is the organ grinder...)
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This screed comes from the same guy whose own appointment as dean of the UC Irvine law school was questionable in and of itself. Comrade Chemerinskiy sure does look like one of those old Soviet college professors, and he’s a fav of the so-called Freedom From Religion Foundation due to his attacks on freedom of religion . . .


19 posted on 09/19/2020 9:47:20 AM PDT by Olog-hai ("No Republican, no matter how liberal, is going to woo a Democratic vote." -- Ronald Reagan, 1960)
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To: Mariner

Not sure how Romney, Murky et al. think they can keep stabbing us in the back and have any future in the Republican party??


20 posted on 09/19/2020 9:47:49 AM PDT by irishjuggler
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