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Ruth Bader Ginsburg has died

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Re: Ruth Bader Ginsburg has died

#221
post #119
post #86

For every one of the coming takes that Republicans will be hypocrites to appoint and confirm a justice (which they will) They do not give a fuck. That’s not how they see power and it is why they have a far disproportionate share of power/representation than their support across the electorate. This is about power. In politics, nothing else matters.

> They do not give a fuck Something that the Democrats need to realize is that they (especially Obama) assumed too much good faith in the congressional GOP. You can stick to your principles while doing it but, when you are against a party who now considers its last nominee (Romney) a radical BLM leftist, when they go low you need to be ready to kick them in the head.

I don't know about head kicks. I think you just need to be a political realist. The reality is that you need (edit: cooperation of the) Senate and Presidency to get a Justice nominated. Obama didn't have the Senate and didn't get his pick for Justice. Trump does, and will get his pick.

The whole "Republicans are hypocrites" thing is true - but obviously so. Whatever was said about not doing it in election year was simply a political lie they felt they had to say to avoid the "We are doing this because we can" reality.

Re: Ruth Bader Ginsburg has died

#222
post #85
post #54

Earlier quoted context omitted.

The distinction being that the opposition controlled the senate under Obama and he was too weak a president to take up the case that he had a right to have his nominees even considered. They didn’t just stop him from picking a justice, he abdicated his power by not pushing back.

What do you mean, too weak a president? The president can’t push back on that—-the senate confirms justices, that’s in the constitution: ... and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States...

For a long time, Senate approval was a rubber stamp. As the ability to legislate in Congress declined, Supreme Court nominees became a battle ground (see also “Robert Bork”). It would have been good to see him lobby not that he is able to get Merrick Garland, but that the process had been inappropriately politicized. That would have been a rebuke to both sides and maybe even a call for cooler heads to prevail. Just my $.02

Re: Ruth Bader Ginsburg has died

#223

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...

[deleted]

Re: Ruth Bader Ginsburg has died

#224

I think we can all be certain that whoever is appointed by the Federalist Society and approved by Mitch McConnell will make sure Trump wins a second (or third, or fourth, or fifth) term. The American experiment as a free and democratic country is over. Unless you want to live in a real world version of The Handmaid's Tale, get the fsck out if you still can.

> will make sure Trump wins a second (or third, or fourth, or fifth) term How would a Supreme Court Justice do this? A third and fourth term would require a constitutional amendment, which requires ratification by 3/4ths of the states.

The constitution means what the Supreme court says it means. Doesn't have to make sense.

Re: Ruth Bader Ginsburg has died

#225
post #56

Earlier quoted context omitted.

It really does seem the cosmos has decided that America's time of greatness (however broad the meaning of that word is) is at an end. I hope my comment turns out to be another "who needs dropbox". Edit0:s/this/my.

Based on what? A justice dying and a terrible president who will be voted out of office in 7 weeks? Quit with the sensationalist “the world is ending” comments that aren’t based on anything but you’re pessimistic gut feeling.

Have you just awoken from a four year slumber?

Re: Ruth Bader Ginsburg has died

#226

I think we can all be certain that whoever is appointed by the Federalist Society and approved by Mitch McConnell will make sure Trump wins a second (or third, or fourth, or fifth) term. The American experiment as a free and democratic country is over. Unless you want to live in a real world version of The Handmaid's Tale, get the fsck out if you still can.

Bye.

Re: Ruth Bader Ginsburg has died

#227
post #176

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.…

The Republicans have won the popular vote once since 1988. They have no politically legitimate claim to those seats.

They wouldn't in a direct democracy, but the US is intentionally not a direct democracy. So, no.

Re: Ruth Bader Ginsburg has died

#228
post #86

For every one of the coming takes that Republicans will be hypocrites to appoint and confirm a justice (which they will) They do not give a fuck. That’s not how they see power and it is why they have a far disproportionate share of power/representation than their support across the electorate. This is about power. In politics, nothing else matters.

They will 100% fill that seat before Jan 20th. The outcome of the election does not matter. Anyone who thinks otherwise really doesn't understand McConnell and the gang. They'll let Romney dissent, it'll be the impeachment vote v2. I saw some interviews with her, pretty amazing lady. Sad to see her go.

Yes, she a wonderful human and a brilliant thinker and writer. He take on Roe is nuanced and thoughtful and no bullshit (she doesn’t love it.)

I’m curious if they wait until after the election. Dangle it in front of their base as “we have to save this seat”.

Or maybe it’s actually a dis-incentive for republican turnout because RBG dying was a strong selling point for next term.

It will be interesting for sure.

EDIT:

I take that back. They will confirm before Election Day. They need a fifth judge for Trump to contest the election.

Re: Ruth Bader Ginsburg has died

#229
post #8

Of course a president should not appoint a judge on the last few months of his term, should he?

One possible strategy for Trump (which would be very much out of character) would be to wait out of respect for RBG and/or the Garland precedent. Meanwhile, he uses the empty seat as a campaign issue to keep reluctant conservatives from jumping ship.

And if he loses the election, he still has time to push through a quick nomination before he gets booted out and a new Democratic Senate is sworn in.

Re: Ruth Bader Ginsburg has died

#230

Unfortunately modern activists and politicians want to make it seem like no reasonable person could disagree with them. This makes it impossible to engage in a dialogue and bridge a gap.

The problem is that those activists and politicians you refer to are a reflection of what way too many voters genuinely want.

In general, though, it's been seen as a core responsibility for activists and politicians to channel their constituents' passions towards productive ends. There've always been a lot of toxic people in the world - that doesn't have to lead to toxic politics.
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