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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

Erwin Chemerinsky’s an idiot.

He defines ‘fair’ as what benefit Democrats even though the law is with Republicans? What a jerk. Go away Chemerinsky...


81 posted on 09/19/2020 10:10:54 AM PDT by GOPJ ( Seems odd RBG would pull the 'elite card' & ask to be above the law on her death bed.)
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To: Chengdu54

“Nominating a white male, for instance, would probably reduce the likelihood of Senate approval.”

Nonsense.

The Senate will confirm whomever Trump nominates.


82 posted on 09/19/2020 10:11:36 AM PDT by Mariner (War Criminal #18)
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To: Qiviut

There is no requisite that a SC judge be a judge or even a lawyer. They have clerks for that.

A clear thinker is whats needed. Common sense. Ability to interpret the constitution


83 posted on 09/19/2020 10:11:50 AM PDT by chiller (Davey Crockett said: "Be sure you're right. Then go ahead'. I'm going ahead.)
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To: irishjuggler

>>how Romney, Murky et al. think they can keep stabbing us in the back and have any future in the Republican party?

Well, there have not been any consequences so far...


84 posted on 09/19/2020 10:12:02 AM PDT by vikingd00d (chown -R us ~you/base)
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To: G Larry

Amen. No pandering. Nominate the most qualified originalist and push him through.


85 posted on 09/19/2020 10:12:02 AM PDT by clintonh8r (Truth is hate speech to those who hate the truth.)
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To: Mariner

They were going to pack either way if they won.


86 posted on 09/19/2020 10:12:37 AM PDT by byecomey
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To: be-baw

The blackmail files on several republicants and holding littleman Roberts by his testicles, what’s left of them.


87 posted on 09/19/2020 10:12:57 AM PDT by MHGinTN (A dispensation perspective is a powerful tool for discernment)
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To: Mariner

Rats always want to change the rules when they hold a losing hand. All their moral arguments are empty because everyone knows they would be hypocrites if they were in the other position.


88 posted on 09/19/2020 10:13:10 AM PDT by Doctor Freeze
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To: NRx
“. . . believe it or not, there are a handful of Democrats who are moderate enough that they would likely balk at court packing.”

I don't believe it; the evidence for such a hopeful claim is scarce.

That is like saying there are patriotic, pro-American Democrat politicians.

89 posted on 09/19/2020 10:14:29 AM PDT by jeffersondem
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To: Mariner
One thing we can count on... democrats are rounding up their sluts and whores to 'testify' that whoever we nominate ran rape rooms in high school.
90 posted on 09/19/2020 10:14:33 AM PDT by GOPJ ( Seems odd RBG would pull the 'elite card' & ask to be above the law on her death bed.)
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To: Mariner

In other words the Republicans didn’t rollover and agree with us on Kavanaugh or Impeachmnet, so therefore they must be racist bigots..


91 posted on 09/19/2020 10:15:02 AM PDT by srmanuel
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To: Mariner

The woman was an obstacle to good governance and the carrying out of our Constitution. Since she refused to retire and let her aides and minions supply leftist arguments and votes I am glad she finally died. That was the only way to get rid of her poison.

Rot In Hell RBG


92 posted on 09/19/2020 10:16:01 AM PDT by Recharged71
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To: Mariner

“Despite evidence...” You mean despite the unproven allegations by RAT partisans which more holes than Swiss cheese?


93 posted on 09/19/2020 10:16:07 AM PDT by ChinaGotTheGoodsOnClinton
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To: Safrguns; MagillaX
>>> There has to be a conservative black female somewhere in this country. <<<

There are lots of them.

Dr Carol M. Swain - Black Voices for Trump's Advisory Board,
94 posted on 09/19/2020 10:16:48 AM PDT by Kid Shelleen (Beat your plowshares into swords. Let the weak say I am strong)
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To: Mariner

Trump should use political Jiu-jitsu and state that he is all for expanding the court and putting even more conservatives on the Court. That would make the libs’ heads explode.


95 posted on 09/19/2020 10:17:17 AM PDT by Doctor Freeze
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To: Mariner

“What happened with Garland’s nomination was unprecedented, and Democrats rightly believe it was a stolen seat.”

LIES! Not only NOT “unprecedented”, it was the norm.

Different situation ENTIRELY!

President and Senate of the SAME party, this time.

Also Obama was a lame duck, wasn’t/couldn’t run again.

Apples and Studebakers.


96 posted on 09/19/2020 10:18:19 AM PDT by faucetman (Just the facts, ma'am, Just the facts)
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To: jeffersondem

Man, talk about putting a target on all RAT candidates.


97 posted on 09/19/2020 10:18:32 AM PDT by ChinaGotTheGoodsOnClinton
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To: Mariner

It’s senate tradition that if a sitting senator is nominated for SCOTUS, hearings are waived & it goes straight to a floor vote. PDJT named 3 senators on his new 20. He could potentially nominated Mike Lee on Mon & be confirmed Tue before anyone’s blinked— Brian Cartwright/ September 19, 2020

Can you say Justice Cruz?


98 posted on 09/19/2020 10:20:43 AM PDT by hoosiermama (When you open your heart to patriotism, there is no room for prejudice. .DJT)
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To: Mariner

...as I keep saying - they can TRY to pack the courts, but, since the Supreme Court gets to review whatever comes out of Congress (i.e., Judicial Review)...they can knock it down.


99 posted on 09/19/2020 10:20:57 AM PDT by BobL (I shop at Walmart and eat at McDonald's, I just don't tell anyone, like most here.)
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To: MagillaX

No pandering! Amy Coney Barrett Is an excellent choice.


100 posted on 09/19/2020 10:21:28 AM PDT by Reno89519 (Buy American, Hire American! End All Worker Visa Programs. Replace Visa Workers w/ American Workers)
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