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Ruth Bader Ginsburg has died

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Re: Ruth Bader Ginsburg has died

#151

Post by rezendi »

Kattywumpus wrote: post #130

If Trump and the Republicans confirm a new Justice, Democrats have indicated they will pack the Supreme Court, appointing as many Justices as they feel necessary to get the rulings they want. "If they show that they're unwilling to respect precedent, rules and history, then they can't feign surprise when others talk about using a statutory option that we have that's fully constitutional in our availability," he said.…

This is amusingly silly. Changing the composition of the Court is not unheard of and FDR, not exactly known as the poster child of "destroying the legitimacy of Constitutional government," nearly did it in 1937 (and likely would have if not for another untimely death.) https://today.law.harvard.edu/if-democrats-win-in-november-s...

Re: Ruth Bader Ginsburg has died

#153

Post by jandrese »

alex_young wrote: post #122
adzm wrote: post #26

> According to her granddaughter Clara Spera, Ginsburg said, “My most fervent wish is that I will not be replaced until a new president is installed.” https://twitter.com/briantylercohen/status/13071014175225610...

There would seem to be precedent for this now. Justice Antonin Scalia died in February of 2016, a replacement was nominated in March of 2016, and because Scalia's seat had become vacant during an election year, the Senate would not even consider a nomination from the president [0]. [0] https://en.wikipedia.org/wiki/Merrick_Garland_Supreme_Court_...

If you think McConnell has a shred of honor or cares one whiff about not being a hypocrite I have a bridge to sell you.

Re: Ruth Bader Ginsburg has died

#154

Post by Arubis »

disown wrote: post #89

I think this is the first time in a long while that a non-nytimes obituary post leads on HN. Did the nytimes social media team all move to npr? Anyways I think ginsburg is the perfect example of why we need age, health and/or term limits for SCOTUS. Lifetime appointments should not exist in any government position and health should be a consideration on whether someone can hold a major government position. It's embar…

I suspect, based on your comment, that you and I have a fair amount of conflict in our expressed politics. (I was firmly in the “May RBG hang on for dear life” camp.) Nevertheless, I agree with the core tenet here: term limits would be a major improvement for the SCOTUS, even if relatively lengthy. They would mitigate for all involved parties the otherwise daunting threat of a particular personality, potentially ideologically incompatible with one’s own worldview, holding sway open-endedly and potentially for a generation.

(Separately: I found that the NPR link didn’t work for me at first, and checked NYT; they had not yet posted an obit.)

Re: Ruth Bader Ginsburg has died

#155

Post by mhh__ »

Qub3d wrote: post #102
koolba wrote: post #10

Earlier quoted context omitted.

Hell yes he does. And 100% that Mitch will get it done!

Mitch McConnell in 2016: “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." I'm curious what his argument would be for this being different.

They just won't both bother responding. I remember Adam Schiff's arguments during the senate part of the impeachment procedure - "Is there any doubt he did it?", there was no real response to this. Mitt Romney is now the radical amongst the congressional GOP.

The type of politicians who kicked the chair out from under their own leader during watergate are probably rare amongst democrats and non-existent bar one (https://youtu.be/qS-aFfJe20U) amongst these republicans.

Re: Ruth Bader Ginsburg has died

#156

Post by notafraudster »

alex_young wrote: post #122
adzm wrote: post #26

> According to her granddaughter Clara Spera, Ginsburg said, “My most fervent wish is that I will not be replaced until a new president is installed.” https://twitter.com/briantylercohen/status/13071014175225610...

There would seem to be precedent for this now. Justice Antonin Scalia died in February of 2016, a replacement was nominated in March of 2016, and because Scalia's seat had become vacant during an election year, the Senate would not even consider a nomination from the president [0]. [0] https://en.wikipedia.org/wiki/Merrick_Garland_Supreme_Court_...

McConnell immediately clarified his position was "the Senate shouldn't consider a nomination in an election year if it's controlled by my party and the president isn't in my party" -- no kidding, this was his actual clarification.

Re: Ruth Bader Ginsburg has died

#157

Post by erichurkman »

kelnos wrote: post #131
mikeyouse wrote: post #47

Earlier quoted context omitted.

Realistically, they have until the last day of the current congress which runs until January 3rd, 2021. The Senate has 37 working days remaining in 2020. It would be an amazing feat if they manage to do it, but you bet if only as an animating fight for the party faithful who are historically depressed right now, they're going to try.

How would it be an amazing feat? Trump already has a list of candidates, and all it takes is 50 Senators to say yes (plus Pence breaking a tie if they somehow don't get 51). There's no requirement to allow any but the most perfunctory of floor debates, and the filibuster has been eliminated for SCOTUS justices. Guaranteed McConnell will ram this through with plenty of time to spare.

Trump's campaign has been blasting SCOTUS picks to their email list for weeks. From the latest one:

  > Did you hear the news? President Trump has released his shortlist for candidates for the Supreme Court. Here is a sneak preview of a few of the names on the list:
  > Senator Tom Cotton
  > Senator Josh Hawley
  > Senator Ted Cruz
  > And more…

Re: Ruth Bader Ginsburg has died

#158

Post by robotresearcher »

tick_tock_tick wrote: post #92
nscalf wrote: post #30

Earlier quoted context omitted.

Since you clearly don’t get the context, the Republicans made this a giant issue when Obama had an open Supreme Court seat towards the end of his term. Let’s call a spade a spade: the republicans have no regard for the constitution or laws of the land if they benefit from ignoring it. They will now ignore the precedent they set and place a new Supreme Court justice.

It's more like the congress exercised there constitution power to do fuck all if they wanted. Just cause it's a shitty thing doesn't make it un-constitution. What happened to Obama was his party didn't have the votes to approve someone so it didn't happen that's it.

The Senate, not congress.

"[The president] shall nominate, and by and with the [...] Consent of the Senate, shall appoint [...] Judges of the supreme Court"

https://www.senate.gov/history/powers.htm

Re: Ruth Bader Ginsburg has died

#159

Post by meundies9 »

Alright, it's finally time for a court packing. Let's be real, NO ONE is expecting Trump not to fill her seat.

Also why we need to win the Senate as well.

I'm also curious about how John Roberts is going to react to what comes after her seat's filled.

Re: Ruth Bader Ginsburg has died

#160

Post by scialex2 »

Qub3d wrote: post #102
koolba wrote: post #10

Earlier quoted context omitted.

Hell yes he does. And 100% that Mitch will get it done!

Mitch McConnell in 2016: “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." I'm curious what his argument would be for this being different.

The president has an R next to his name this time.
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