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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

“Republicans hold a 53-47 majority in the Senate, and they have eliminated the use of the filibuster in Supreme Court nominations.”

________

Wait. I thought that was the dems under Harry Reid.


41 posted on 09/19/2020 9:54:28 AM PDT by Ken H (Best SOTU ever!)
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To: alancarp

“The law would have to be changed, which could only be done via a total control of the legislative and executive branches by a single party.”

Well if the Democrats announce they want to expand the court to 13 and the Republicans agree, who will vote against it?

Are you suggesting the Democrats would oppose their own plan?


42 posted on 09/19/2020 9:54:47 AM PDT by jeffersondem
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To: MagillaX

Let’s stop with the pandering crap.

Look what they did to Clarence Thomas. Did that cost any black votes? They’d have no qualms demonizing a black mother Theresa.

Just pick the most qualified conservative regardless of race or sex.


43 posted on 09/19/2020 9:55:11 AM PDT by aquila48 (Do not let them make you care! Guilting you is how they control you.)
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To: Olog-hai

Kinda looks like one of my old Russian teachers at DLI in the 60s - Podmoshenski: (under moss man)


44 posted on 09/19/2020 9:55:25 AM PDT by PIF (They came for me and mine ... now its your turn)
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To: 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?

Why?

After the fake Russian collusion investigation, the impeachment sham, the disgraceful Kavanaugh hearings, the mail-in ballot scams, the nationwide riots, the endless disrespect of the office, and on and on... In what crazy world do you believe that President Trump owes the Democrats any courtesies whatsoever?

You have behaved shamefully over the past four years and now you make threats? "We will riot!" You've been rioting over dead felons for nearly four months now. "We will pack the court!" Not if the current court says no, you won't.

Do you people think we are this stupid? Do you think the Democrats would do anything different if the shoe were on the other foot?

Of course not. Now politely go f**k off while President Trump, with lightning speed, replaces RBG's vacancy.

45 posted on 09/19/2020 9:55:36 AM PDT by Drew68
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To: MAGA2017

“...the fair and right course..”

Right, because that’s what they would do if the shoe were on the other foot.


46 posted on 09/19/2020 9:56:41 AM PDT by aquila48 (Do not let them make you care! Guilting you is how they control you.)
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To: Crolis

“She’s libertarian, and a black woman from California.”

Two of those things don’t sound good.


47 posted on 09/19/2020 9:56:59 AM PDT by jeffersondem
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To: RedMonqey

Janice Rogers Brown would be a good recess appointment. It could be short term, difficult to oppose, and she is already on the DC Court of Appeals so her legal pedigree is solid and she is familiar with the procedures at that level.


48 posted on 09/19/2020 9:57:33 AM PDT by Crolis ("To have a right to do a thing is not at all the same as to be right in doing it." -GKC)
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To: be-baw

“So what’s the secret weapon?”

(Democrats could) pledge that, if they take the White House and Senate in November, they will increase the size of the Supreme Court to 13 justices.


49 posted on 09/19/2020 9:57:40 AM PDT by BeauBo
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To: dfwgator

> Ask FDR how that worked out for him. <

True that. FDR tried to pack the Supreme Court, and failed. But it was a very different Democrat party back then. Today’s Democrats are radical leftists. If a President Biden (shudder) tries to pack the Court, every Democrat will support him.


50 posted on 09/19/2020 9:57:44 AM PDT by Leaning Right (I have already previewed or do not wish to preview this composition.)
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To: Mariner

How people can continue to perpetuate the Kavanaugh myth is beyond me. It totally defies reality.


51 posted on 09/19/2020 9:57:53 AM PDT by JerseyDvl ("If you're going through hell, keep going.")
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To: Mariner
compelling testimony about an alleged sexual assault and perjury

For crying out loud.

52 posted on 09/19/2020 9:58:10 AM PDT by Fido969 (In)
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To: Mariner

Wasn’t Chemerinsky one of the legal goons calling for impeachment back in 2016/17? Now he wants fairness and bipartisanship? Go pound sand professor!


53 posted on 09/19/2020 9:58:41 AM PDT by Kid Shelleen (Beat your plowshares into swords. Let the weak say I am strong)
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To: Olog-hai

Hugh Hewitt LOVES this ANTI CHRISTIAN COMMUNIST...used to have him on every WEEK! UGH


54 posted on 09/19/2020 9:58:47 AM PDT by Ann Archy (Abortion....... The HUMAN Sacrifice to the god of Convenience.)
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To: Mariner

Democrats dropped the 60 vote requirement to end the filibuster for Judicial and other executive nominees...

So stop this GOP dropped the filibuster nonsense. The Dems did that in. 2013 and the GOP warned them if they did it they would regret it... but they didn’t listen

They pushed hundreds of leftist unqualified folks into positions under Obama after they dropped this rule.

Stop the lies that the GOP got rid of the filibuster for appointees

In fact the Dems are talking about getting rid of the filibuster all together if they take the Senate this cycle.


55 posted on 09/19/2020 9:59:33 AM PDT by HamiltonJay
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To: Mariner

It won’t matter. The cowards in the GOPee Senate are already trying to find where to go to surrender.


56 posted on 09/19/2020 10:00:39 AM PDT by abbastanza
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To: Reddy

Harry Reid eliminated the filibuster for most judicial and executive nominations, but not for the Supreme Court. He was counting on having enough RINOs to block McConnell from eliminating it for SCOTUS nominations if he tried. He was wrong...


57 posted on 09/19/2020 10:01:04 AM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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To: MagillaX
There has to be a conservative black female somewhere in this country.

Why pander? We owe the Democrats nothing.

Young and constitutional conservative should be the only requirements. Who cares what package it comes wrapped in.

We actually have an opportunity to forego hearings altogether and put whoever President Trump wants on the bench. Any Republican senator who stonewalls will be committing political suicide and they know it.

President Trump has a blank check right now.

58 posted on 09/19/2020 10:01:16 AM PDT by Drew68
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To: irishjuggler
"Not sure how Romney, Murky et al. think they can keep stabbing us in the back and have any future in the Republican party?"

I think Romney already has his future planed around his proceeds coming out of the Ukraine..

59 posted on 09/19/2020 10:01:25 AM PDT by unread (A REPUBLIC..! If you can keep it....)
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To: Ann Archy

Hewitt is a secret Soros Jew.


60 posted on 09/19/2020 10:01:30 AM PDT by Pol-92064
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