Ruth Bader Ginsburg has died • Hacker News Board

Re: Ruth Bader Ginsburg has died

#281

Post by moate » Sat, Sep 19, 2020, 12:29 AM UTC

quickthrowman wrote: post #180

alex_young wrote: post #122

Earlier quoted context omitted.

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_...

Mitch McConnell and Trump will have a replacement confirmed by the end of October.

Absolutely not. Why would Trump eliminate one of the biggest draws to electing him? If he pushes someone through before November, he absolutely loses the senate (assuming you believe the polls). No way those purple states with senators up for election are going to carry Republicans who went from "we don't vote for the USSC during final term years" to "RUSH THROUGH THE FEDERALIST SOCIETY NOMINEE!" in 4 years.

The move is to have everything set and ready to go during the lame duck and push hard then if you lose or wait until Jan if you win. Removes the election math from the process.

Re: Ruth Bader Ginsburg has died

#282

Post by setpatchaddress » Sat, Sep 19, 2020, 12:29 AM UTC

Tagbert wrote: post #196

theshadowknows wrote: post #162

Absolutely. My family is feverishly working on how to leave this hellscape of a country we’re in. The United States is dead.

You might want to see how this election turns out, first.

The best we can look forward to is a decade of civil war if Biden manages to take office.

Unless someone figures out how to neutralize Facebook and Q immediately. Biden's still talking about being able to make deals with McConnell. We're totally fucked.

It will of course be incomprehensibly darker if Trump manages to hold power.

Re: Ruth Bader Ginsburg has died

#283

Post by newfriend » Sat, Sep 19, 2020, 12:29 AM UTC

xxpor wrote: post #176

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.…

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

The popular vote means jack shit. They do have a politically legitimate claim to those seats.

Re: Ruth Bader Ginsburg has died

#284

Post by refurb » Sat, Sep 19, 2020, 12:29 AM UTC

xxpor wrote: post #176

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.…

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

Power isn’t decided by popular vote so I’m not sure what you mean?

Re: Ruth Bader Ginsburg has died

#285

Post by ribosometronome » Sat, Sep 19, 2020, 12:29 AM UTC

CDRdude wrote: post #85

koolba wrote: 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...

>It is altogether proper to view a decision by the Senate not to act as a waiver of its right to provide advice and consent. A waiver is an intentional relinquishment or abandonment of a known right or privilege. As the Supreme Court has said, “ ‘No procedural principle is more familiar to this Court than that a constitutional right,’ or a right of any other sort, ‘may be forfeited in criminal as well as civil cases by the failure to make timely assertion of the right before a tribunal having jurisdiction to determine it.’ ”

>It is in full accord with traditional notions of waiver to say that the Senate, having been given a reasonable opportunity to provide advice and consent to the president with respect to the nomination of Garland, and having failed to do so, can fairly be deemed to have waived its right.

https://www.washingtonpost.com/opinions/obama-can-appoint-me...

Re: Ruth Bader Ginsburg has died

#286

Post by acdha » Sat, Sep 19, 2020, 12:29 AM UTC

kwhat4 wrote: post #260

The republicans know how to win, and will do so by any means necessary. The democrats seem happy taking the high road to yet another humiliating defeat. This is why I'm done voting and pretending it makes a difference.

You’re doing exactly what the Republicans want: they don’t need you to support them as long as you don’t get in their way.

Unless you share their goals, you might want to reconsider this strategy.

Re: Ruth Bader Ginsburg has died

#287

Post by ALittleLight » Sat, Sep 19, 2020, 12:29 AM UTC

spiritplumber wrote: post #98

This turn of events means a likely ossification of American policy for a generation. Much like in Iran, you risk ending up with a "council of sages" who is out of step and out of touch with the will of the people. I say "you" because I can go elsewhere. My extended family wishes for me to return to Italy for my own safety.

From what I've read Supreme Court Justices get more liberal with time, whether appointed by Republicans or Democrats, rather than hewing closer and closer to their original positions.

https://fivethirtyeight.com/features/supreme-court-justices-...

Re: Ruth Bader Ginsburg has died

#288

Post by roenxi » Sat, Sep 19, 2020, 12:30 AM UTC

s5300 wrote: post #256

roenxi wrote: post #245

Earlier quoted context omitted.

Although the justices being friends is inevitable, it is not desirable. The justices would be more representative of the people - and probably dispense better justice - if there was an uneasy compromise between them based on basic principles of precedent and law. That isn't a very fun vision of life on the bench - and any system is imperfect - so I don't really advocate that. But the idea that these people are assert…

Are you trying to say that you don't believe in integrity?

Sure. And they hopefully do their best. But it sits in tension with friendship. That is why there are all sorts of principles against it for high-integrity systems.

Re: Ruth Bader Ginsburg has died

#289

Post by anonAndOn » Sat, Sep 19, 2020, 12:30 AM UTC

tyre wrote: post #209

ncallaway wrote: post #185

Earlier quoted context omitted.

Then it's time to fight back. Make it absolutely clear to McConnell and Democratic leaders in the Senate that if McConnell fills this seat in an election year, then the Democrats must increase the size of the SCOTUS. McConnell needs to fear the reprisal more than he fears the delay. Because you're right, this is about power. Nothing else matters to them. So make them fear this.

I can’t see Dems doing that. They don’t have the popular support for something like that, let alone the courage. What they should do is physically barricade the Capitol. I’m not really joking. It will come to that. My first guess of the most action they will take: Staging a walk-out of the vote.

I think we're about to see some of the more arcane rules of debate in the Senate take center stage: repeated quorum calls, filibuster, cloture, etc. I suspect this will not go down without a fight.

Re: Ruth Bader Ginsburg has died

#290

Post by res0nat0r » Sat, Sep 19, 2020, 12:30 AM UTC

ghufran_syed wrote: post #248

mhh__ wrote: post #119

Earlier quoted context omitted.

> 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.

Democrat senators Chuck Schumer and Harry Reid first introduced a filibuster for judicial nominees, and then ending the filibuster for judicial nominees when it was politically convenient for them. https://www.politico.com/magazine/story/2017/04/mitch-mcconn... Do you think that might have affected the ability of the current president to successfully appoint a supreme court justice now?

No