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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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To: Mariner

There is a difference between a LAME DUCK President—Obama—and a President who is running for his 2nd term.


101 posted on 09/19/2020 10:21:44 AM PDT by ridesthemiles
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To: Mariner
The next nominee should be the most conservative strict constructionist that can be confirmed.

"That can be confirmed" is the key phrase. McConnell can't lose more than three squishes. Murkowski has already folded. Would pro-choice Susan Collins vote to confirm Amy Coney Barrett? Or anyone else perceived as pro-life? Collins walked quite a tightrope on Kavanaugh and, in the end, probably saved his nomination with an outstanding speech that probably had more to do with her outrage at democrat thuggery than support for Kavanaugh. My guess is that had the democrats had the slightest modicum of decency and fair play, Collins would have come down the other way. I have to believe McConnell knows exactly where everyone in the caucus stands. The wild card is that the underbrush has now been burned away. There is nowhere to hide, and the vote will be immediately before the most pivotal American election since 1860. Will the squishes man up in the crisis? Will the hidden pro-aborts who have been trying to have it both ways run up their true colors? We are about to find out.

102 posted on 09/19/2020 10:22:16 AM PDT by sphinx
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To: Mariner
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.

This line of thinking by eff'n commies is reason enough to confirm a new justice in record time.

103 posted on 09/19/2020 10:22:26 AM PDT by ConservativeInPA ("War is peace. Freedom is slavery. Ignorance is strength." - George Orwell, 1984)
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To: Mariner
The Left will scream bloody murder no matter who is nominated, and no matter when.

We might as well do the right thing.

104 posted on 09/19/2020 10:22:27 AM PDT by UnwashedPeasant (Trump is solving the world's problems only to distract us from Russia.)
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To: MagillaX

Black females make up 5.8% of the population. Not very inclusive.


105 posted on 09/19/2020 10:24:26 AM PDT by I got the rope
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To: dfwgator
Ask FDR how that worked out for him.

That was when demonRATs put the Country at least on equal footing with their party.

Those days are long over, today's demonRATs are full blown COMMUNISTS, THEY HATE AMERICAN VALUES AND WANT TOTAL CONTROL.

106 posted on 09/19/2020 10:24:47 AM PDT by USS Alaska (NUKE ALL MOOSELIMB TERRORISTS, NOW.)
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To: All
"So far, Senate Republicans have shown little
inclination to stand up to Trump and McConnell, ...

Why didn't Left talk about the Democrat House and Senate when
Obama was in office? Didn't the Democrats in Congress
have a duty to "stand up" to Obama back then?

It must be that only the Republican members of Congress
are expected to be disloyal to a President their party
managed to get elected to the presidency.

Most of the American media sings this same tune.
The American media is nothing more than a mammoth,
continuous psychological operation against the
politically conservative population of the USA.

107 posted on 09/19/2020 10:25:29 AM PDT by StormEye
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To: Mariner

How might we in force that upon Republicans? Support trumps nominee or resign from the party and Congress


108 posted on 09/19/2020 10:25:55 AM PDT by Reno89519 (Buy American, Hire American! End All Worker Visa Programs. Replace Visa Workers w/ American Workers)
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To: MagillaX
There has to be a conservative black female somewhere in this country.

That's completely asinine, sexist and racist. It would be just as bad as me saying I want a conservative white male. How about someone that is conservative and a strict textualist? In other words, someone that is qualified.

109 posted on 09/19/2020 10:27:55 AM PDT by ConservativeInPA ("War is peace. Freedom is slavery. Ignorance is strength." - George Orwell, 1984)
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To: OldGoatCPO
“Voting down a Black woman today would be the death of the Dems in the current malaise.”

Only Republicans are punished for appearing to oppose a black or a woman.

Bill and Hilary Clinton attacked Obama ruthlessly and they never fell out of favor.

If word were to come down for Democrats to destroy a black woman nominated by Trump it would be done.

And the attack would be supported by Hollywood, the media, and the billionaire class. There would be no consequences to the Democrats by their base.

110 posted on 09/19/2020 10:28:17 AM PDT by jeffersondem
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To: be-baw
Bribery and/or threats to "certain" Rep. Senators...???

Wondering if the dems have a strategy here. Let Trump have his pick(with the usual fake/real outrage of course), then use this(along with new voter fraud apparatus)as an issue to defeat Trump AND take over the Senate.

...then hope to replace Thomas(72) Alito(70) with a flaming(RBG)clone(or worse).

Perhaps maybe even a deal with squish Roberts(who decides to retire due to "illne$$")...???

111 posted on 09/19/2020 10:28:27 AM PDT by RckyRaCoCo (Please Pray For My Brother Ken)
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To: MagillaX

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

It is amazing the number of deep thinkers who are calling for an affirmative action hire. Identity politics is supposed to be a favorite democrat trick.


112 posted on 09/19/2020 10:30:25 AM PDT by odawg
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To: Ann Archy

Hewitt had Chemerinsky on weekly to debate John Eastman from Claremont.....generally to shoot down Erwin’s liberal illogic.


113 posted on 09/19/2020 10:32:10 AM PDT by chiller (Davey Crockett said: "Be sure you're right. Then go ahead'. I'm going ahead.)
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To: Alberta's Child
That’s why my money is on Amy Coney Barrett here.

And they grilled the sh*t outta her three years ago for her current position in a hearing full of anti-Catholic bigotry courtesy of Dianne Feinstein so there's no need for a hearing now. Just put her name up there and put it to a vote.

114 posted on 09/19/2020 10:32:32 AM PDT by Drew68
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To: chiller

WRONGO!! Cross Eyed Communist won most of those arguments.


115 posted on 09/19/2020 10:34:45 AM PDT by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: JerseyDvl
..."as was evident in their (Rs) confirming Brett Kavanaugh for the Supreme Court, despite compelling testimony about an alleged sexual assault and perjury.."

Author demonstrates his inability to see reality. Adding 4 more SC judges at once is only slightly more batsheeeite crazy.

116 posted on 09/19/2020 10:37:21 AM PDT by chiller (Davey Crockett said: "Be sure you're right. Then go ahead'. I'm going ahead.)
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To: odawg

This is politics son. Winning is the name of the game.


117 posted on 09/19/2020 10:40:27 AM PDT by MagillaX
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To: Sarah Barracuda

Doesn’t even have a college degree let alone legal experience.


118 posted on 09/19/2020 10:41:20 AM PDT by EEGator
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To: Ann Archy
WRONGO!! Cross Eyed Communist won most of those arguments

The only explanation for this analysis of yours is that you agree with Chemerinsky. No other evaluation makes an ounce of sense. Only occassionally did Erwin make a defensible argument. Defensible, not winning.

119 posted on 09/19/2020 10:41:50 AM PDT by chiller (Davey Crockett said: "Be sure you're right. Then go ahead'. I'm going ahead.)
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To: G Larry

Good let them, they would hand the election to the Republicans on a silver platter.


120 posted on 09/19/2020 10:41:56 AM PDT by MagillaX
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