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Appointing a Judge - The Wordsmith's Forge
The Writing & Other Projects of Elizabeth Barrette
ysabetwordsmith
ysabetwordsmith
Appointing a Judge
Here's an astute suggestion on how President Obama should handle the Senate's attempt to prevent him from doing his job by refusing to do theirs: He can give them notice that if they don't act, it constitutes a waiver of their right to participate in selecting a Supreme Court judge, and then he can simply appoint one.  It's a terrific way to ensure that they have a chance to exercise their right, while making sure they can't logjam the government.

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Comments
From: technoshaman Date: April 11th, 2016 04:13 am (UTC) (Link)
I am of two minds: Garland is a milquetoast establishment shill, neither hot nor cold, and possibly easily bought. He's a shit candidate for Scalia's spot. pocketnaomi however makes the valid argument that if Obama can railroad this through *now*, and get SCOTUS (less their new appointee) to vote on it, the whole "pocket veto" of refusing to act on appointees goes out the window *forever*...

I wish I knew what this guy would *actually* do when he got in there. Or what Kennedy will do absent Scalia. If RBG and company could convince him to swing their way, or if Kennedy is more receptive to swinging left now that Scalia is gone, it might work anyway...

But it's kinda like having Hillary as the first woman president... ye gods what a disaster of a choice. Almost as bad as putting Thomas in. I don't see how that man lives with himself, or his family, being a black gentleman and the most virulently radical right-winger on the court...
ysabetwordsmith From: ysabetwordsmith Date: April 11th, 2016 04:28 am (UTC) (Link)

Well...

>>I am of two minds: Garland is a milquetoast establishment shill, neither hot nor cold, and possibly easily bought.<<

It does sound like a waste of an appointment. I mean if the Republicans refuse to accept anyone, might as well put up a good liberal candidate. Perhaps the suggestion was made in hopes of getting someone through.

>>Almost as bad as putting Thomas in. I don't see how that man lives with himself, or his family, being a black gentleman and the most virulently radical right-winger on the court...<<

Internalized racism is an ugly thing. It relies on putting oneself down so others will not do it. Put that person in any position of power and ... well, there's a reason the slaves feared black overseers more than white ones.
From: technoshaman Date: April 11th, 2016 04:35 am (UTC) (Link)

Re: Well...

*nods* Two of your next three likely appointments will be to replace RBG and Breyer (Kennedy is the other one). This one is to actually *replace* a full-on conservative... I think it should be a good one.

This half-assery is one of many things that has me pissed off at Obama...
ysabetwordsmith From: ysabetwordsmith Date: April 11th, 2016 04:36 am (UTC) (Link)

Re: Well...

It's also one of the things that has kept him alive and allowed him to get as far as he has.
From: rhodielady_47 Date: April 11th, 2016 07:42 am (UTC) (Link)

Re: Well...

Sadly true.
:^\
From: rhodielady_47 Date: April 11th, 2016 07:40 am (UTC) (Link)
I love it!
I am sick and tired of these idiots in office who refuse to behave themselves in an honorable fashion.
:^[
tomtac From: tomtac Date: April 12th, 2016 12:51 am (UTC) (Link)

piggybacking on the other thread

Here's the first thing,

>> "He can give them notice that if they don't act, it constitutes a waiver of their right to participate".

1990. Precedent. Hussein invades Kuwait, and the President decides to push him out. The Constitution says the president does the Foreign Policy thing, but ...

... Bush then had to ask Congress for a Declaration of Way first, as the Constitution says. Not that it had held other presidents back. But he said he was going to do it right. Oh yeah, there was a congressional election going on, the year being 1990, so he said, go ahead, campaign and get your reelections in place that first week of November ...

... Because the very next week, he said, I want Congress to take up the debate on the Declaration of War that I asked for. Bush had given the Iraqis a deadline (note, a deadline) of January 15, that is, 100 to 120 days.

They all knew how Congress acts. The major probability was that they'd say "Well, he wants to go into Kuwait, and we don't want to stand in the way of that, so actually if we do nothing, he can go ahead with it." Typical Congressional thinking.

But the pundits were saying that the President had set up this box for Congress: He had sent the request for Congress, per the Constitution, and if Congress didn't DO it, then ... Congress should never expect to be asked again.

(As stated above: "if they don't act, it constitutes a waiver of their right to participate". Precedent.

The second thing.

2) I've wondered a bit if the Republicans are cooking their own goose, while the President has somewhat more control. The more the GOP holds off, the worse they look by November. One 4-4 decision after another ...

What chance do they REALLY have? Their party is divided so badly that their frontrunner is someone they think they can't stand, and their more orthodox candidate is still a bit of an extremist. ...

.... So they can sit on this appointment (who was handpicked to somehow pass the GOP's "sniff test"), and then come November 9th, Obama and the Democratic President-Elect can announce their NEW appointment ... I don't know, Justice Bill Clinton?

ysabetwordsmith From: ysabetwordsmith Date: April 12th, 2016 01:00 am (UTC) (Link)

Re: piggybacking on the other thread

I would really, really love to see Justice Barack Obama. Who actually is a Constitutional lawyer.
tomtac From: tomtac Date: April 12th, 2016 01:23 am (UTC) (Link)

Re: piggybacking on the other thread

Not a bad choice! Though he might have to resign to take his seat.

* * * * *

The GOP has not enjoyed the last two presidential elections. Every time, they had to appease the Tea Party, and wound up with someone that half the party didn't like. This time around, it is very much like the whole party has been appropriated.

Not only is that bad for the country, longer term, but who knows how desperate they'll get in the here and now?

* * * * *

I have posted my answer on Dreamwidth, referring back here.

The differences:

... debate on the Declaration of War that I asked for. Bush had given the Iraqis a deadline (note, a deadline) of January 15, that is, 100 to 120 days. ...

They all knew how Congress acts. The major probability was that they'd say "Well, he wants to go into Kuwait, and we don't want to stand in the way of that, so actually if we do nothing, he can go ahead with it." Typical Congressional thinking.

But the pundits were saying that the President had set up this box for Congress: He had sent the request for Congress, per the Constitution, and if Congress didn't DO it, by that deadline, then ... Congress should never expect to be asked again.

And

.... I don't know, Justice Bill Clinton? Wouldn't Jimmy Carter make a great Chief Justice, eventually?

ysabetwordsmith From: ysabetwordsmith Date: April 12th, 2016 01:27 am (UTC) (Link)

Re: piggybacking on the other thread

>> The GOP has not enjoyed the last two presidential elections. Every time, they had to appease the Tea Party, and wound up with someone that half the party didn't like. This time around, it is very much like the whole party has been appropriated. <<

I'm glad that they are losing ground ...

>> Not only is that bad for the country, longer term, but who knows how desperate they'll get in the here and now? <<

... but I worry about how much damage they'll do. In particular, I note that they care only about winning, not about fair elections; they have enacted a great deal of chicanery.

>> .... I don't know, Justice Bill Clinton? Wouldn't Jimmy Carter make a great Chief Justice, eventually? <<

I like Jimmy Carter a lot, but I'm not sure he'd be ideal for that job. He seems more interested in practical ways of helping people these days.
tomtac From: tomtac Date: April 12th, 2016 01:29 am (UTC) (Link)

Re: piggybacking on the other thread

Justice Obama, then! A constitutional lawyer If it was up to the two of us ... We will see.
ysabetwordsmith From: ysabetwordsmith Date: April 12th, 2016 01:38 am (UTC) (Link)

Re: piggybacking on the other thread

I would also enjoy the hell out of Elizabeth Warren, but I think she's more use where she is for now. Until she's ready for the White House. <3
conuly From: conuly Date: April 12th, 2016 04:19 am (UTC) (Link)

Re: piggybacking on the other thread

That'd be super awesomesauce. Although I'm a little meh on his presidential record.
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