Ladies and Gentlemen, step right up and into our Wayback Machine as I transport you back to a post I wrote on June 4th, 2013. Herein, I will discuss the Republicans’ epic battle to prevent the Democrats from gaining partisan control of the District of Columbia’s Circuit Court of Appeals.
And so it begins. President Obama has made three simultaneous nominations for vacancies on the U.S. Court of Appeals for the District of Columbia. One of the seats has been vacant since September 2005, when John Roberts was elevated to the Supreme Court. The Republicans claim that the DC Circuit is already adequately staffed and doesn’t need any new judges. Sen. Chuck Grassley (R-IA) has even introduced a bill to remove one of its seats and move two others to different circuits. This is a naked attempt to maintain Republican parity on the court which just recently got to a 4-4 split of Republican and Democratic nominees when Sri Srinivasan was confirmed. Mr. Srinivasan is the first Obama nominee that the Republicans have allowed to join the DC Circuit in his entire presidency.
I wrote earlier about Harry Reid’s strategy for breaking the opposition to the president’s nominees. It begins with these three judges, who were all carefully chosen to be non-controversial and well-qualified. If the Republicans block a vote on them, Reid is going to use it as an excuse to change the filibuster rule as it applies to the advise and consent role that the Constitution gives the Senate. This will not only allow these three judges to be confirmed, but many more. And it will allow the swift confirmation of the rest of Obama’s cabinet and subcabinet.
The Republicans are in a tough spot. They may be able to forestall such a drastic move by making some kind of deal, but that will never happen if they simply continue to insist that the DC District doesn’t need any more judges so the president doesn’t have any right to have a vote on his nominees. There are still enough Democratic senators who don’t want to change the filibuster rule to make a deal possible, but they are waiting to see how these judges are treated. If they are blocked, Reid will have all the evidence he needs to persuade the few remaining doubters.
Reid doesn’t have any credibility on this issue, having made so many previous threats without following through. But he’s never had enough support in his caucus to change the rules before now. At this point it is clear. If these judges don’t get a vote, they will change the rules so that they can get a vote.
Things came to a head in November, and I wrote about it extensively at that time. But I had already sussed out the details and what was going to happen back in June.
The Republicans considered it their duty to do everything in their power to prevent losing the DC Circuit Court of Appeals as a strategic base for undermining the Obama administration and having it serve as a lethal weapon in their inexorable movement to forestall and roll back progressive change.
They did not care one iota that the law determined the size of the court or that the president had the right and the responsibility to make nominations to fill it.
They just argued that the court didn’t need any extra judges and so they wouldn’t be allowing any votes on new members.
The DC Circuit is correctly seen as the second most powerful court in the country. If they were this hellbent on preserving their influence over the second most powerful court, how much more strongly do they feel about the Supreme Court?
It was the most predictable thing in the world that they would make the same kind of arguments. In this case, they can’t plausibly say that the Court doesn’t need nine members, so they just say that they’re not obligated to consider the president’s nominee. This is exactly what they argued about the DC Circuit.
There were four vacancies on the DC Circuit by the time they confirmed Sri Srinivasan in May 2013, and (as noted above) John Roberts’s seat had sat vacant at that point for eight years, including Obama’s entire first term.
No amount of shame could budge them in their obstruction. And, I suspect, they’d be willing to block a replacement to Scalia’s post for longer than a year. The approximate time when they’ll be reconciled to replacing their Lord & Savior with an Obama or Clinton or Sanders nominee is never.
This is particularly true for the anti-choice crusaders, because their mission to overturn Roe has come so close to fruition that they could anticipate the taste of victory in their mouths. They were foiled by Souter and Kennedy, but they have Alito there now. All they needed was to elect a Republican president and replace Kennedy and their life’s work would have been complete.
Then Scalia went and died on them.
But they’re not about to give up the dream. Not for shame. Not to protect a small handful of vulnerable incumbents.
Not for anything.
Over the weekend, I tried to come up with at least a theory of how their obstruction might be defeated. I pretty much came up empty.
My first sad effort included President Obama picking someone of such advanced old age that they’d be actuarily unlikely to serve on the Court for very long. My second desperate stab involved picking a sitting U.S. Senator. Maybe he could do both at the same time.
But, truthfully, the Republicans don’t want the president’s Kenyan paws on Scalia’s high seat and they’re not going to give in just because the nominee is 75 years old already. The only hope is that Obama picks a senator and a sufficient number of the club members don’t have the stomach to create a precedent that punishes only them and their job prospects.
I came up with Patrick Leahy as someone with the age and credentials and clubbiness to meet the compromise criteria, but he’s on the record mocking conservative legal ideas, including on subjects that are sitting before the Court as we speak.
No, I can’t find a way.
They will never vote to end their dream.
Even defeat in November may not sway them.
A couple years ago I commented to a friend that the Supreme Court would end up with more than one vacancy as the Republicans will never confirm a Democratic president’s nominee. He told me I was nuts.
I’ve been thinking about it too and can’t think of any way to bring the nomination to the floor or break a filibuster or peel away the four votes necessary to get to 50. I think the best Obama can do is appoint a very qualified Latino or other minority, and then let the Republicans deal with the reality that their strategy will inevitably alienate an important voting block.
Appointing Srinivasan would impact a fast growing part of the electorate that’s recently been leaning Democratic. Or he may choose to go with an African American as a means of trying to keep turnout as high as it’s been in that community in the last two presidential elections. Or maybe he goes Latino to drive the Republican’s numbers so low it puts Florida (and thus the entire election) completely out of reach. I’m good with any of those approaches. For now, we’re good with 8 justices. Far better than we were with 9. So no old-guy appointments and no compromise choices. I hope Obama goes with someone young and smart and clearly qualified. I think that’s what he’ll do. Let’s use this to nail down the presidency in 2016 and flip the Senate.
First, I totally agree with your strategy of picking a nominee whose rejection by the GOP will really piss off and motivate a crucial demographic. Second, I think Latino is best demographic for this because it’s the largest minority demographic and I believe has had the lowest relative turnout in recent years. Third, I would add the caution that “Latino” is not narrowing it down NEARLY enough. It has to be a justice of MEXICAN ancestry (Northern Mexico would be even better I think), who speaks native Mexican-style Spanish. Sotomayor is a great justice, but a Puerto Rican or Cuban is not going to work for implementing your strategy. 64% of US Hispanics are Mexican – 64%. (http://www.infoplease.com/spot/hhmcensus1.html). In terms of potential for upside, the turnout percentage of each group in 2012 was black (66%), white (64%) Hispanic (48%) Asian (47%) [that surprised me – I would have guessed that Asian would be higher].
And Mexicans are about as culturally similar to Cubans (or Puerto Ricans) as a lefty blogger from Philly is to a Mormon militia member from Nevada. As for the Asian demographic, it’s probably even less homogeneous as there isn’t even a common language. Would a left-leaning Korean-American be any more offended to see the GOP beat up on an Indian-American than on any other candidate? That said, it appears that Srinivasan is insanely qualified and won unanimous confirmation for his current gig. But if the person’s not even going to get a vote anyway, I really think Obama should take advantage of the demographic strategy you suggest. I think Mexican ancestry provides the most leverage; excellent Spanish second; with female preferable over male, but with gender third in importance. So I would go with Mariano-Florentino Cuéllar (he’s also in his 40s and he was even BORN in Mexico – currently on the California Supreme Court).
Imagine Cuéllar being interviewed daily on Univisión in gorgeously native tongue colloquial Mexican Spanish. That’s gotta be good for increasing Latino turnout by a few million.
Si
I admittedly have no idea as to the racial identity of anyone writing here, but it’s hard for me not to read this whole discussion of which-ethnic-minority-nomination-would-most-fuck-up-the-GOP as patronizing to the extreme.
I have seen such comments at many sites. I am skeptical that ethnic identity matters as much to people as I see being assumed.
I see this sort of thinking a lot within the GOP with their love for token minorities.
I have never heard a single person say anything about the ethnic background of any nominee. All that I can say is that there are too many Catholic Italians on the court. I want a German.
There aren’t nine, so there’s not too many.
In one sense it IS terribly patronizing and condescending. On the other hand, remember Carter? Feeling proud that someone of your tribe (however you define the term tribe) has been recognized is such a common feeling that it doesn’t even bear thinking about. It is cynical and underhanded to appoint someone because they can positively influence actions you want … UNLESS you are perfectly willing to have the appointee perform the function for the next 30 years.
I’m try to be as far from tribal politics as you can get and still be a democrat. And I still feel a REAL sense of “damn, she’s good!!!” when I think about what Clair McKaskil did in Missouri … because she and I are in some sense of the same tribe: Missourians.
Well, let’s hope that the notorious RBG continues to have good health, and remains compos mentis. All of this will fall apart if one on our side falls.
But not if the gods of Karma and Schadenfreude decide this election cycle isn’t insane enough, so they smile at Ruth Bader Ginsburg as they push ole Clarence over the cliff onto the winds of fate.
So we’ll have to get the Senate majority elected and seated again. The GOP Senators’ extreme intransigence between now and next February will make it easier for our majority to explain why they had to get rid of the filibuster for SCOTUS appointments. So will having the next President make the nomination.
If they try to reproduce their defense for refusing to work with President Obama by claiming Bernie or Hillary are “extremists” who “poisoned the well” with the Republican Caucus the day after the 2017 inaugural, it will be so preposterous that they will find it incredibly difficult to hold all Senators to a filibuster position. Even the most compliant, incurious, cowardly Both Sides Do It journalists will drop away from their obfuscations.
“Even the most compliant, incurious, cowardly Both Sides Do It journalists will drop away from their obfuscations.”
I think you are expecting too much from Ron Fournier.
OK, I’ll give you that toad. The Cilizzas of the world wouldn’t be able to hold their counsel, though. The Milbanks of the world have already fallen away from compulsive Both Siderism.
I’m sorry, but I just don’t see the Republicans being shamed into confirming an Obama pick or even sending a nomination to committee. Why on earth would they care if “it doesn’t look good.”? They never suffered any harm from shutting the government down or causing the rating agencies to downgrade the nation’s credit rating (well, I have to agree that was a trivial non-event). I think they are going to see this as far more important to their goals than the government shutdown. I even think that if we see a Democrat elected in November (no sure thing with the looming financial meltdown) they will hold out for at least one more year and possible a full presidential term. Could they hold the line for two terms? Maybe not.
I agree they’re unlikely to seat any Obama nominee on the Court. Judicial Committee Chair Grassley has already backed down a bit and said they may at least hold a meeting to hear from the President’s nominee, though. Keep in mind that Grassley was shamed into moving his position; the main Iowa newspapers ripped him a new one, and he’s up for re-election this year, as are 20 other GOP Senators, a number from States that Obama won. So important portions of the media are already calling the obstructionism for what it is.
No, where I can see the Republicans reach their intransigence limit is with the next President. It’s going to take lots of work and it’s not a slam dunk, but I like the odds of the Democratic Party Presidential candidate winning; the flip of the Supreme Court to a liberal majority is likely to happen one way or the other. And with Obama and Reid pushing through the President’s nominees to the Circuit Courts, those Courts are now more frequently than not delivering rulings which are on our side.
For example, look at the current SCOTUS calendar. If I recall correctly, of the five cases on the docket which have the broadest impact, from Union funding to Congressional districting, four of those rulings from the Circuits are ones which make us happy. A split Supreme Court delivers nothing to the conservative movement in those cases. Why get ripped in the public when you’re likely to lose eventually and you’re not really getting what you want in the meantime?
Nothing is certain, but the future prospects here are good.
I think Democrats should hope they refuse to consider Obama’s nomination. But either way, this is great news for the 2016 election.
1) McConnell “gives Democrats the court” (that they already own)and he destroys any chance of an establishment candidate taking the nomination.
Cruz or Trump is the Republican nominee. That’s good news for Democrats, is it not?
2) McConnell tries “to retain the court” (that is already lost) and he hands Barack Obama an issue that he will beat them bloody with right up to election day.
No matter who is nominated on either side of the aisle, the Democrats will win big. I suspect Obama is pleased to give Mitch the time to mull over his options, but he does not have a good one.
I don’t know what he will do, but I hope we get to see Barack whack them silly over all of their obstruction. I think the Democrats would win big, and it would be a very different Republican party in 2017.
Please, Mitch, please. Take on Obama. Do it for the country.
(I like to think the current court is 4-3 with one swing vote who usually votes Conservative. The liberals on the court will sift the possibilities and take cases where Kennedy likes their position next year. The only consequential cases decided will be 5-3 liberal decisions.)
Yep. Aside from Republican intransigence, I can only picture Obama nominating someone who’s an excellent candidate in all ways, including age.
It really puts a ton of pressure on the Senate races this year.
That makes sense to me. Given anticipated Republican intransigence, why not pick the candidate you like best? Why bother seeking compromise when no compromise is going to happen? Obama has done some things that suggest he might finally have learned that Republicans will never, never permit a Democratic success. Charlie Pierce suggests that Obama’s big box of fcks to give is finally empty. So let’s hope that Obama digs deep and finds a really good, smart, liberal. I’d like to see Bill Black nominated except, like Elizabeth Warren, he’s happier where he is and probably is more effective there, too. How about Jack Balkin?
I agree with your reasoning, but I think Obama’s temperament is such that he will pick someone thát would have been a consensus candidate in normal times, such a Srinivasan. Just before Scalia met satan, Obama was saying in speeches that he still believed in the politics of hope (that is, consensus building)
If McConnell’s first concern is to protect his incumbents, he’ll maintain the current line until the last Republican primary is held. Then he will allow some movement to happen between then and November, just enough to maintain some semblance of responsibility before the voters slaughter them in November.
I may be naive, but I do think the voters will punish them if they don’t budge some between now and then. But I do not think it’ll be enough to get anyone confirmed.
If the hammer falls on them on Election Day, then it’s anybody’s guess what comes next. I have no idea.
A couple of ideas:
Really, I think number 1 would be really, pretty effective.
-r
I wonder what qualified candidate would want to ruin his/her career by subjecting themselves to the kind of torture they’ll have to go through to get rejected for the seat?
I wondered this too, and Kevin Drum had an item on the same topic, but… no one’s going to lose their current job over it. Any potential Obama appointee would never get a Republican appointment, and I don’t imagine that Clinton or Sanders would appoint anyone who declines an offer from Obama. I do feel a little sorry for the person who’s picked, since they’re going to lose a year of their life to it.
If the appointment never comes up for a vote at all, could the person be appointed again next year?
They could be reappointed even if they lost a vote if the President deems it appropriate. Any Obama appointee for this opening will be highly qualified and universally respected. Just for loyalty, I’d expect either Dem winning the presidency to reappoint Obama’s candidate unless it’s an extreme compromise candidate.
I hope Clinton and Sanders will attend the announcement.
Meant to be a reply to curtadems, guess I hit the wrong button.
I think you are way to pessimistic about a situation that is great for the left. It doesn’t matter that much whether a nominee is confirmed or not.
First, the Conservative majority is dead. The Republicans are in denial about this but a 4-4 deadlock is one that favors the Democrats. Most of the lower courts are now Obama courts. Compared to where we were a week ago, the status quo is great.
Second, Mitch McConnell is now damned if he does block it, and damned if he does not. His best option in my opinion is he should confirm a moderate choice – say, Sri – and get on with the election. If they win, they keep the Senate and they will likely get the chance to restore the Conservative majority. This election was always about the Supreme Court and Scalia’s death doesn’t change that whether he is replaced or not.
If he does not block it, the base will go batshit, so he will probably block it. So what happens when Mitch blocks the nomination? The number one issue in the general election will be Republican obstructionism and the Supreme Court.
The hot button supreme court issues will become the primary election issues – abortion, gun control, climate change. The Republicans will be for a justice that will vote for an abortion ban, stop Obama’s climate change deal and guarantee a gun in every home. The Democrats will be in favor of Roe vs Wade, sensible gun controls and doing something about the climate. Overturning Citizen’s United. Saving gay marriage.
I think Democrats like that fight.
Furthermore, it turns the Democrat’s best campaigner loose months before a sitting president would normally step into the campaign to succeed him. As soon as it becomes clear the Republicans are obstructing his nominee, Barack is going to rip them from one end of the country to the other. Particularly in for a ripping are at risk Senate Republicans.
If Mitch McConnell confirms a nominee, his base goes nuts. Trump and Cruz would benefit either of which Mitch thinks will result in electoral disaster.
If he rejects all nominees, he makes the election about issues that favor the Democrats and he gives Obama the license to spend several months using the bully pulpit to turn out his coalition one more time for either Hillary or Bernie.
Pick your poison, Mitch.
This is my take on this exactly. I’m actually giddy.
There is no friggin conservative majority on the Supreme Court any longer. The Dems control 9 of 13 appeals courts including the D.C. Circuit court which decides cases involving most Government Regulation.
More often than not, a tie on the Supreme Court will go to the Dems.
If they appoint no one, fine. Make the election then about GOP obstruction and put forced birth, Global Warming and Guns front and center.
The vacancy increases not only the the odds of holding the White House, but also the Senate where if we were to prevail the filibuster could be removed.
Unfortunately you may be correct … the level of obstruction by this current crop of GOP/Republican governance has been unprecedented in US history …unless you want to recall The Civil War and in its aftermath the destruction of Reconstruction and its replacement …100 years of Jim Crow.
I for one do not put any thing past these white mostly male Christian domestic terrorist aka GOP/Republicans …since THIS Presidents ELECTION …TWO times in a row!
These white folks have lost their GD minds!
Why is it that trolls write so awkwardly?
Since republicans ar going to rekect the nominee aniway, the nomination could be used for giving visibility to an issue: Larry Lessig and money in politics, for example…
“And, I suspect, they’d be willing to block a replacement to Scalia’s post for longer than a year. The approximate time when they’ll be reconciled to replacing their Lord & Savior with an Obama or Clinton or Sanders nominee is never.”
I felt very similar seeing Thurgood Marshall’s seat given to Clarence Thomas. We had to watch THAT!!!
not sure if technically what they are doing is treason, but attempting to transform our democracy into an oligarchy certainly describes the past couple decades
I keep reading about “Scalia’s seat” on the Supreme Court. And someone else wrote about “Thurgood Marshall’s seat”.
I don’t understand.
Seats on the court don’t belong to individuals.
There’s no obligation on the part of the president to nominate, or the Senate to confirm, a justice who is ideologically similar to the person who just vacated a seat on the court.
For as long as I can recall, presidents have nominated candidates for ideological reasons, while at the same time denying such reasons and instead blathering about so-and-so being the best candidate available. Senatorial advise-and-consent has proceeded similarly. The fight over the now-vacant seat will do a very good job of exposing this peculiar dynamic.
My recollection is a time when the idea of a seat for a black person was pushed as a “tradition.”
yes, there was an earlier tradition of a “Jewish” seat, then a “black” seat with Marshall. This is now a dead idea for a variety of (very good) reasons and I don’t think it’s much thrown out any more.
Of course the joke now, with the mass of Catholics on the Court, is whether we should institute a “protestant” seat on the Court, haha.
Haha. So funny to pregnant rape victims.
well there’s always the g harrold carswell seat
“Even if he were mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren’t they, and a little chance? We can’t have all Brandeises, Frankfurters and Cardozos.”
love it!
good point. “Thurgood Marshall’s seat” is so named because he was the first AA appointed to the court, i.e. setting the precedent, as it were, of [at least one] AA SCOTUS justice. the r’s are talking about “scalia’s seat” because they want someone in line with his thinking in the vacant seat so they are using the “Thurgood Marshall’s seat” tradition to push their agenda (big surprise)
Yes, it is Clarence Thomas now who replaced Thurgood Marshall on the SC.
that’s what mino wrote that started the discussion
The Democratic establishment still has not grasped that the Republican Party is not operating in a normal political stance but in a stance of total war. They have allowed Republican voters to think that segregation, bans on abortion, monoculture, and acting as the allies of corrupt businesses are moral positions that can accept no compromise and must be pressed by any means necessary, even thumbing the elephant trunk at the spirit of the US Constitution.
Democratic co-dependence in this has allowed it to be accepted by the public in contrast to previous eras. It is no different in political dynamics than the way Joe McCarthy and Richard Nixon held the nation hostage in the 1950s through the co-dependence of the Dixiecrats. This time it has been the Blue Dogs, now mostly departed by their own hands, and the New Democrats, soon to follow that are condoning this extreme behavior. We are seeing the fruits of “keeping our powder dry” at a point when forceful action by Democrats could have affected the Supreme Court.
On this, it is the Democrats who have painted themselves into a corner unless they effectively make Republican governance the national issue in the 2016 election and succeed in winning back the Congress. That requires independent and even Republican voters to be put out with the current state of the Republican Party and for Democrats to want to win with a Democratic agenda. It also requires the clear conclusion that the Reagan revolution is over and the verdict is in as to what it’s consequences were, and they were a failure for everyone but the anti-FDR wealthy who lusted for more than 40 years to end the New Deal
The way to deal with this obstruction is to make Mitch McConnell and Paul Ryan irrelevant. Do Democrats have the gumption to do that? Two and a half decades of small-bore politics say that it requires a major change in attitude of the Democratic establishment, which has gotten way to comfortable and cozy with money.
I think this post that has nothing to do with the issues at hand. Blaming the Democratic establishment for actually governing in the face of Republican misbehaviour sounds like Berniespin or David Brooks both siderism.
One of the reasons the Republican base has gone crazy with their own leadership is because none of their “refuse to govern” tactics have worked. In every case Obama rallied the public to his side and won. The Republicans did not pay an electoral price for the debt ceiling fiasco or the shutdown because those fights were carefully timed. But this time they are going to be forced by their base to do it in the middle of a Presidential election campaign.
And while he won’t be elected President, Barack Obama is going to lead the fight against them. The Democratic establishment – Barack Obama, the President of the United States, the number one guy in the establishment, period – is going to stomp all over Mitch McConnell and the Republicans on this one.
This is so good for the Democrats I’m not even really worried about a Sanders candidacy any more. Scalia’s death helped Hillary because it makes electability the only issue in the election. It doesn’t hurt Bernie that much because it changes the campaign issues so much that even Bernie should be able to win handily as long as he lets up on his Wall Street one trick pony and spends plenty of time talking about the Supreme Court and Supreme Court issues.
(Hey, Citizen’s United is at stake. Bernie has to stop with the stupid litmus test. Hasn’t he seen any confirmation hearings? If Bernie’s nominee admits he prejudged the next CU case and assured Bernie he would vote the right way, he will easily be disqualified. For cause.)
All Hillary and Bernie have to is both pledge to re-nominate Obama’s pick after they win. Obama will probably need that to get his favored nominee to take on the fight. It will be a huge fight over the Constitution, governance, democracy and about six hot button Supreme Court issues.
Bring it on. I’m betting on the black guy.
So, who do we get on the Supreme Court in the lame duck session after Hillary Clinton wins the Presidency and the Republicans retain the Congress?
Or are you saying that President Obama and a part of the Democratic establishment will beat the analysts and take the Congress?
If that happens, I will grant that some political history will have been made.
I don’t think there is the will in the Democratic establishment for anything but business as usual. And the will to govern has been hamstrung for seven years by that part of the establishment who were scared of supporting Obama. That, by the way was not the progressive side of the spectrum. Fortunately, most of those folks have purged themselves in 2010 and 2014.
It was not fortunate that the Blue Dogs purged themselves. Or were purged by progressives. Every single one of them was replaced by a tea party congress critter. Pelosi was replaced by Boehner as a result. Instead of getting a vote 75% of the time from the seat, Dems now get one zero per cent of the time.
Besides Democrats do not need the House for this issue. They need the Senate. That’s only four seats to flip. And yeah, I think that will be a slam dunk. If not, the pressure will just keep mounting on McConnell as long as Hillary or Bernie wins.
The Conservative court will still be dead. Just as dead as it is now. That’s why the Republicans should approve Obama’s pick. The conservative court died with Scalia. Repubs can’t have it back without the Presidency. Therefore they should act in a way that gives them the best chance at the Presidency. Instead they are going to dramatically reduce their chances to win to gain what? The conservative court is still dead.
A stalemate on the court works for the left. The only cases that the court will voluntarily hear are cases where Kennedy will vote with the liberals. A number of cases will be put in limbo with a 4-4 court, but the close cases that do get decided are ones where Kennedy swings left.
(So now Bernie is parsing out the establishment? I think it is pretty funny how Bernie pretends he is not anti-Obama but he is anti-establishment. It takes some twisting to say the President of the United States is not part of the establishment. Didn’t Obama vacuum up the corporate money when he was running. He is every bit as tainted as Hillary.)
Canada? what’s with your Canada tale?
What are you talking about? I’m Canadian. I can’t help it if I understand the American political system better than most Americans.
In the upside down world of “conservatism”, the legitimate becomes illegitimate, of course. Hence an informal constitutional “convention” that we don’t allow the Supreme Court to become non-functioning for any appreciable length of time is jettisoned for purely partisan reasons, and no comment on it is made by the useless corporate media.
Of course they will fight for any chance to retain the conservative majority on the Court. Because it is difficult to imagine a more critical component of our life of “conservative” governance than the rulings of the 5 conservative male activists that have controlled the Court until Uncle Scalia’s untimely meeting of his maker. In the current era of political paralysis, the Supreme Court has been the only operational branch of government, the last one still functioning, and it has generally been cranking out ruling after ruling implementing the “conservative” agenda, with a (very few) exceptions of course. Indeed, it is the only branch that can effectively trump whatever actions a Dem prez attempts.
Roberts Repubs have delivered a veritable orgy of pro-corporate rulings, delighting the plutocrat/CEOs and fully justifying every cent they spent on funding the movement to date. In fact, it is almost impossible to find a ruling by the Roberts Court that has not come down on the side of corporate power–it’s the one universal value of Roberts’ Repubs. A ruling against (Dem) executive regulation of coal plants, for example, was a certainty.
The elected Congressional Repubs cannot contemplate losing their Court majority because the 5 conservative male activists have also opened a new front in rigging the election system to favor the Repub party, and making it ever more difficult for the hapless Dems to effectively compete. From the horrendous Bush v Gore to Citizens United to the gutting of the Voting Rights Act, Roberts’ Repubs have tilted the playing field tremendously in favor of Repub candidates, to the extent that states that had swung Dem in past prez races may now be retained by Repubs–that’s the likely effect of the massive voter suppression efforts now underway with Supreme Court blessing. Of course, having a Court majority that actually favors the election of your candidates is about as strong an incentive as a political party could have to retain that “asset”.
The Roberts Court is, in a word, corrupt. And St Scalia was an essential component of its corruption–indeed, he may be considered as crucial to its corruption as the ringmaster, CJ Roberts. And if there is one thing America’s fascist party represents, it is corruption.
As a result, Repubs will fight to the death to hold this hill, the most critical victory of the Conservative Era. But whether Dems understand this is a fight to the death and elect to run a national campaign against the world of corruption that the “conservative” movement has created is another matter. The death of the horrible anti-Justice Scalia, just as Roberts had planned another massive series of rulings to benefit corporate power, the American Taliban and the Repub party, is enough to make one wonder about the actual indifference of the Deity! Can it be capitalized upon? That’s now the question of 2016…
Of course they will fight for any chance to retain the conservative majority on the Court.
There is no conservative majority on the court. It is now a Liberal court 4-3 with one swing justice. Think about where cases come from and how decisions about which cases to hear are made. The court is forced to make a call when two appellate courts issue conflicting rulings but otherwise the court accepts any case with four judges willing to hear it. The four liberals will vote to accept any case they know Kennedy will vote with them. The only decisions the court can make besides 9-0 no brainers will be 5-3 Liberal decisions.
The Conservatives will not win another important decision until they win the presidency. They are not maintaining anything by blocking Obama. All they are doing is making it harder to win the Presidency. Even if Obama had his nominee confirmed, the next President will probably determine the long term future of the court. Three more Scalias loom.
Since most of the appellate courts are now Obama courts (thanks Harry Reid!) their Liberal decisions will stand up.
There is one nominee who would be confirmed, because it would be so ludicrous for the Senate not to do so.
If David Souter would agree to return to the Court until the end of the 2016-2017 term, I think Obama should appoint him. It would give progressives some victories in what would otherwise be 4-4 decisions. It won’t change the balance of the Court for a generation, but with the GOP in control of the Senate, that just isn’t going to happen anyway.
Interesting, and feasible. But it would be an act of aquiescence to e GOP, and would set a bad precedent. I’m of to minds about this
If you truly believe abortion is murder, then why shouldn’t you fight by any means necessary?
Because its bad politics??? Instead of making a “principled” stand against the Satanist, socialist, no good, lying demagogue in the White House the R’s have to explain why they are afraid of nominations that cannot be confirmed on a bet. Last I looked, the R’s held a solid majority in the Senate and I don’t believe any of them would break ranks for any nomination.
The only thing this ridiculous no consideration pledge will do is make the process itself a campaign issue. Thus preventing puma progressives from abstaining from voting for HRC.
Thank you, Senator McConnell.