February 13, 2016 at 10:21 pm #47253
This is bad news for all of us. I am hoping that the congress doesn’t approve any O appointments and wait till the new president. This is why we all need to vote for any of the Republicans, if not we will get a left wing Supreme Court.
US SUPREME COURT JUSTICE ANTONIN SCALIA DEAD AT AGE 79February 14, 2016 at 12:48 am #47257
OH CR@P! As soon as Obama nominates someone and the Republicans stall, that’s all we’re gonna hear about for what’s left of the next 342 days – how the Republicans are hijacking the Constitution, disregarding the will of the people, etc., etc., etc. And there will be consequences! Expect it to be turned around to very possibly cause an election loss by the Republicans. Voila! Commissar Hillary or Elizabeth or Bernie. And frankly, I would not be surprised to have the Senate cave in and grant Obama his nomination anyway, despite what McConnell has already said.
This is not good. This is really not good. Just why, oh why, could it not have been a lefty Justice?
Died of natural consequences in his sleep while on a hunting trip in Texas, huh? Somebody needs to check his body for polonium-210. (Alternatively, where was Cheney today?)
Harry Reid has already weighed in, very predictably:
“With so many important issues pending before the Supreme Court, the Senate has a responsibility to fill vacancies as soon as possible,” Reid said in a statement. “It would be unprecedented in recent history for the Supreme Court to go a year with a vacant seat. Failing to fill this vacancy would be a shameful abdication of one of the Senate’s most essential Constitutional responsibilities.”February 14, 2016 at 12:58 am #47259
What was Zero saying about “taking steps” to make sure his policies could not be undone? If the Department of Dirty Tricks doesn’t have multiple ways to supply, or at least augment, “natural causes,” they’re not the pros I think they are. Ask Jack Ruby.
Cry, "Treason!"February 14, 2016 at 3:04 am #47261
Not filling it would be the most responsible thing the Senate could ever do. I wish Harry would go work out at the gym some more.February 14, 2016 at 3:28 am #47262
Anybody know what the longest, at least in modern history (20th century) the Supreme Court has gone with one or more vacancies and an even number of justices? There are a number of cases pending, and a year until a new president, plus confirmation hearings, would be a very long time to potentially have a deadlocked court. There’s no GOOD answer, except maybe one more is lost in the near future (Ginsburg, Sotomayor, or Kagan would work fine for me). But I agree – leave it unfilled rather than stack the court potentially for years to come with an Obama appointee in his lame duck year.
Then again,with a deadlocked court for Obama’s last year of office, he could try something exceptionally bizarre and there’d be no Supreme Court available to conclusively undo it. Congress would never get through an impeachment proceeding. Hmmmm…. Come to think of it, the potential scenarios could get mighty scary over the next 342 days.February 14, 2016 at 3:40 am #47263
There are many exmples of the Senate blocking lame duck SC appointments.February 14, 2016 at 3:48 am #47264February 14, 2016 at 3:50 am #47265
Some of your answers can be found here.
February 15, 2016 at 3:02 am #47283
- This reply was modified 5 years ago by 74.
There are many exmples of the Senate blocking lame duck SC appointments.
I believe it has been over 80 years that no appointment has been approved for a lame duck president. Senate need to hold everything down. We need to email our senators once O appoint one.February 15, 2016 at 3:26 am #47284
Politicians require something more persuasive sent to them than emails, they don’t give a damm what we think.February 15, 2016 at 3:31 am #47286
Yes we need to do everything we can to make sure the Senate GOP hold the appointment. Also we need to vote this Nov for who even wins the GOP.February 15, 2016 at 5:20 am #47288
The 80 year figure has been promoted by Rubio – and today Chris Wallace challenged him on that, pointing out that Reagan made a successful Supreme Court appointment late in his own year-7. That’s just a few months earlier than where we are now with Obama. Wallace could not get Rubio to explain what a “lame duck president” is for purposes of his 80 year figure, or even just what is fair game for a presidential nomination for the Supreme Court. Does he think presidents can only legitimately make nominations during their FIRST term, after which they become lame ducks? Rubio ducked that entirely. Politics, politics.
Still, I fully concur: let whatever decisions need deciding stand, and let eight justices decide them (or not). Just wait until the next president is sworn in. If it’s Team Billary, so be it. We’re screwed anyway, so it won’t matter if she does it, or Obama does it. If it’s one of the faux conservatives still standing on the Republican side, all it does is slow down the progression of destruction of the Republic. And just imagine the gridlock if Harry Reid and Company regain the Senate next January, with a Republican president.February 15, 2016 at 4:37 pm #47297
Well here it is. We will all need to hold our collective breath until a week from tomorrow (23 February). Congress IS in official recess right now. Therefore, if Obama chooses to use the rhetoric of McConnell and others as his justification, he has the legal right to make a recess appointment for ALL of his unfilled seats for one more week – including a lifetime Supreme Court appointment even before Justice Scalia’s body assumes normal ground temperature at six feet under. And such an action would apparently have no legal basis for challenge.
So, the House and Senate will not be meeting in the coming days. This is an adjournment and is not challengeable in court the way the NLRB recess appointments were because both bodies have agreed with each other to adjourn.
This is a true recess and an opportunity for the president should he elect to take it — considering the political realities of the Senate and the position of its majority leader to potentially make a recess appointment.
Keep in mind that this window will close later this month. Then GOP-led House and Senate can effectively block the president with another recess appointment gambit in the future by agreeing to meet every three days, even if members aren’t really here.
But obviously nobody anticipated Scalia’s death.
Thus, the president could in fact take advantage of this rare opportunity because he won’t get it again after February 22/23 if McConnell sticks to his guns.
Recap: Scalia arrives for a fun hunting trip around noon last Friday, has a nice dinner, goes to bed before the next day’s hunting, saying he wanted a long night’s sleep. His hunting buddies leave without him when he doesn’t show up for breakfast, and only later does someone bother to go check on him, finding him “in complete repose.” Therefore,
Presidio County Judge Cinderela Guevara told Fox News that she determined Scalia had died of natural causes. Guevara also said that she had spoken to local investigators and U.S. marshals, as well as Scalia’s family and personal physician, before determining that an autopsy was not necessary.
Well, there you go. No problem. The highly medically trained, highly esteemed, county judge, Cinderela (you can’t make this stuff up!) Guevara, determined that an autopsy was not necessary. Might have been a stroke, heart attack, just plain ol’ ordinary cardiac arrest, poison in his food, whatever. And this, just hours after Congress agreed to an official recess lasting only long enough for Scalia to be buried. Anyone waiting for the out of news cycle appointment announcement this coming Friday night or Saturday morning?
Am I certain there’s a horrible conspiracy here? No, not at all. It’s just called “abundance of caution.” Do an autopsy, for crying out loud, with plenty of independent witnesses. Prove to everyone that this is just one of those very unfortunate coincidences that do occur from time to time, despite the incredible timing. And we’ll still be holding our collective breath for another week, knowing that the answer to the question of whether Obama has the narcissistic gall to pull this off, is an emphatic “Yes!” – with or without any conspiracy.February 16, 2016 at 6:55 pm #47339
GS, I believe that the GOP Senators came out saying that they will be a senator always working when the Congress IS in official recess. So there will be no real recess. This means O can’t do anything.February 16, 2016 at 8:02 pm #47340
So, Judge Cindy, after a phone conversation with a “local investigator,” and perhaps a US Marshall (none of whom had any extensive forensic training, albeit, they could recognize a stiff when they saw one) makes a “determination” that an autopsy would not be needed ,,, If that’s not the textbook example of “phoning it in,” I don’t know what is. What Federal Judgeship could she be appointed to?
And if the imminent “constitutional scholar,” Commander Zero, fails to leap on the opportunity created by the announcement of the CONgress being “in recess,” and the general public’s well-known comprehensive lack of understanding of the arcane rules (like the “working Senator” rule), to appoint someone just before the recess expires, claiming the need “to get on with the public’s business,” or some such (which would be approvingly echoed in all but some of the so-called “conservative” media), then perhaps he’s not the Son of Old Scratch I think he is.
You must be logged in to reply to this topic.