Brett, it wouldn’t just have been Garland being voted down — he would have been “Borked” as wekll.

Well, Biden would plunge the country into such a recession that I’m not sure how many aliens we’d get. In 2016 the Senate majority wasn’t to wait on the chance that their party would hold the Senate majority and the possible (but not likely) get a new President of their own party. Well maybe he should think long & hard about a cease-fire this time, as should Republican senators. Comments do not represent the views of Reason.com or Reason Foundation. The closest he comes to the issue is this: “If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote: It may clog the administration, it may convulse the society; but it will be unable to execute and mask its violence under the forms of the constitution.”, You really didn’t read it, then, did you, if you don’t see how it says the Constitution is designed to prevent sabotage. The norm was, until Garland, Supreme Court nominees are appointed when they have 51 votes to confirm. The president retains his full constitutional powers until the moment he leaves office. “3) That the Senate flipped in 2014 was a great reason for the American people to get a Republican Senate vote on President Obama’s nominee.”, The Senate didn’t reject the nominee. . If “Mitch feels that having Gorsuch on the court instead of Garland is very good for the country” he could have made that case to the American public. (“It’s logically OK to change your mind for partisan advantage” is hard to even parse, especially since, again, the thing you’re responding to did not include an accusation of illogic or logical contradiction. VERDICT: MISLEADING. “Many of his nominees never even got votes, but were tabled indefinitely.”. The Senate shall proceed with its existing role in advice and consent. I don’t think the Dems are taking hostages here, I think it’s the only rational response to what the GOP has done with SCOTUS seats. A new senator from Arizona can be seated immediately upon completion and certification of canvassing, so far as I am aware. I do not fault you for being optimistic and generous.
https://reason.com/2020/09/21/the-president-and-senates-duties-when-a-supreme-court-vacancy-arises-during-an-election-year/#comment-8472540. You’ve been complying with the preferences of those better Americans thoughout your life, dwb. Where does the text of the Constitution itself put a time limit on it? For example: I now expect several states to reject that ‘Fair Districts’ proposal and go straight to Democratic-controlled redistricting while Democrats have the power to make it happen. Click here, for more. ”. As Jimmy said, both parties are being hypocrites. Others on here have been insisting that if he had allowed a vote, Garland would have been confirmed because enough R Senators would have defected. Presidents acted 29 times to fill an existing Supreme Court seat. Some of them are still just businessmen trying to stave off regulation of business. The way for Eddy to punch Johnny, politically, is for Eddy to prove to the rest of the class that Eddy is above Johnny. Fact check:'Kingdom of God' comment by Amy Coney Barrett lacks context in meme. When did the Democrats set the precedent in question? Assuming you are correct on your factual claim, did those Democrats represent only 20% of the population? Are hypocritical, partisan censorship and doxing “simply political disagreement?”. Lindsey Graham is a clown. And you can show us where that is in the Constitution, right? But hey, if that is what they want to do, very well, let them try. It does not state that the decision rests entirely on the shoulders of the Senate Majority Leader. Mitch didn’t have the votes to block the confirmation. You will comply. SCOTUS acts as a legislature of nine on social and political questions. Frankly I’d rather see a 4-4 tie than that. Just don’t pretend for one moment that either party would ever think about leaving a Supreme Court justice on the table six weeks before a big unknown election. He’s the worst. George Washington did it three times. And what was stolen by that cheat was not merely a Supreme Court seat. Both sides, supposedly, think they are wielding their powers for the public good.

“. Whatever the personal stuff is, maybe keep it offline? 4) But many of the people DID vote in 2018. The historical record does not reveal any instances since at least 1900 of the president failing to nominate and/or the Senate failing to confirm a nominee in a presidential election … In another thread Blackman is peddling the fraud that “everything will happen anyway” – because he likes telling his chosen audience exactly what they want to hear. But there is no constitutional duty to advise and consent. 1) For Pickering I don’t know. It won’t do to point out the hypocracy of the other side and ignore ones own. ” if everyone named in the Constitution did only what that document requires, and nothing further, the federal government could not function.”.

First of all, it is an uncertainty. By electoral advantage & constitutional means, they’ll “elevate” their guys – and won’t need to rig the system with a whole new standard for each open SCOTUS seat.

The current argument is McConnell is violating the norm he created. However, the average time between a Supreme Court justice’s nomination and confirmation is 76 calendar days (including recesses), making this a remarkably tight timeframe for a modern nominee. He probably won’t do that because this appointment is about the election. It is not universal – that’s why Trump stands out. 1) “That “advise and consent” has come to include hearings, committee votes, and floor votes.”. If they act accordingly, then I will be pleased.

I have coalesced around these three points: – leaving the Court with only eight justices, particularly when facing a presidential election that may end up in litigation, is patently unacceptable. In theory, I am very confident that if Obama had said : “Look Mitch, ya ol’ coke fiend, we can’t have a SCOTUS vacancy for nearly a year, let’s try and land on someone we can agree on. So whether you’re a liberal or a conservative, the idea that “the word X appears nowhere in the Constitution” doesn’t resolve the issue. This is despite the fact that in 2016, McConnell refused to call for a vote on President Obama’s Supreme Court nominee Merrick Garland because it was an election year. The roles are clear: the President appoints, and the Senate confirms or denies. But as part of the most elite legal fraternity in the judicial profession, all justices are consequential. Politics isn’t like school-yard fights.
The law profs are entitled to their opinions. If a person is unwilling to accept the damage from warfare, then a ceasefire becomes prudent.

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