U.S. Supreme Court: Post-Nino Edition

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that's some real interpretative jiggery-pokery!

The burrito of ennui (Alfred, Lord Sotosyn), Wednesday, 16 March 2016 19:05 (eight years ago) link

man Carswell's wiki entry is a treat

In defense against charges that Carswell was "mediocre", U.S. Senator Roman Hruska, a Nebraska Republican, stated:

"Even if he were mediocre, there are a lot of mediocre judges and people and lawyers. They are entitled to a little representation, aren't they, and a little chance? We can't have all Brandeises, Frankfurters and Cardozos.

no wonder Nixon liked him

Οὖτις, Wednesday, 16 March 2016 19:45 (eight years ago) link

some of the greatest artists ever are bland.

never ending bath infusion (Doctor Casino), Wednesday, 16 March 2016 19:47 (eight years ago) link

like Marcel Marceau, f'rinstance

a little too mature to be cute (Aimless), Wednesday, 16 March 2016 19:50 (eight years ago) link

or Raffi

a little too mature to be cute (Aimless), Wednesday, 16 March 2016 19:50 (eight years ago) link

I knew about Hruska's comments, didn't know Carswell was a sodomite.

The burrito of ennui (Alfred, Lord Sotosyn), Wednesday, 16 March 2016 19:52 (eight years ago) link

cutting their losses eh. lame duck session confirmation would also get them out of the "let the American people have their say" rhetoric. Of course, if Obama was smart and wanted to twist the knife, he would withdraw Garland's nomination after the election and get some commitment from Hillary to nominate someone else w her new Senate majority.

Οὖτις, Wednesday, 16 March 2016 20:15 (eight years ago) link

which would be a total dick move but oh the lolz

Οὖτις, Wednesday, 16 March 2016 20:15 (eight years ago) link

dick move but do-able. garland could withdraw citing ill health and exhaustion with the process or something in october. but don't count on any eight-dimensional chess game here, though maybe more than the usual one dimension might apply.

never ending bath infusion (Doctor Casino), Wednesday, 16 March 2016 20:17 (eight years ago) link

Not sure what benefit is for Obama getting Garland over during lame duck session... This sounds dubious.

One bad call from barely losing to (Alex in SF), Wednesday, 16 March 2016 20:20 (eight years ago) link

Yeah I would think that Obama will withdraw Garland before then.

One bad call from barely losing to (Alex in SF), Wednesday, 16 March 2016 20:21 (eight years ago) link

Not sure what benefit is for Obama getting Garland over during lame duck session... This sounds dubious.

― One bad call from barely losing to (Alex in SF), Wednesday, March 16, 2016 4:20 PM (2 minutes ago)

shhhhh obama knows more about the law than us and is a master negotiator, just be happy!

k3vin k., Wednesday, 16 March 2016 20:24 (eight years ago) link

oh i misread that tweet -- yeah, if they're going to wait til november anyway this would make no sense unless obama just really wants another justice in there as part of his legacy

k3vin k., Wednesday, 16 March 2016 20:26 (eight years ago) link

wow. such dimensional. very chess.

on entre O.K. on sort K.O. (man alive), Wednesday, 16 March 2016 20:27 (eight years ago) link

Right I get making that deal if you get Garland now, but in November/December after Democrats have already won?!?! What's the upside then? It's been vacant for nearly a year by then, what's another month or two.

One bad call from barely losing to (Alex in SF), Wednesday, 16 March 2016 20:28 (eight years ago) link

ughhhhhhhhh

get a long, little doggy (m bison), Wednesday, 16 March 2016 20:31 (eight years ago) link

This deal, it's a terrible deal. The worst deal I have ever seen. It's a disaster. We're gonna make a much, much better deal, and replace Garland with something way better.

never ending bath infusion (Doctor Casino), Wednesday, 16 March 2016 20:35 (eight years ago) link

This judge, let me tell you something, I know lots of judges and the guy is a loser. I dunno, maybe we should boycott the Supreme Court, I'm just throwing it out there.

on entre O.K. on sort K.O. (man alive), Wednesday, 16 March 2016 20:37 (eight years ago) link

I wonder what would happen if Obama said "y'know, if the Senate doesn't give my nominee a hearing... I don't know, but I represent millions of people, there's a good chance there would be riots. I think there's a very good chance there could be riots"

Οὖτις, Wednesday, 16 March 2016 20:41 (eight years ago) link

I say there's a 40% chance he would be shot immediately

i like to trump and i am crazy (DJP), Wednesday, 16 March 2016 20:42 (eight years ago) link

otm

The burrito of ennui (Alfred, Lord Sotosyn), Wednesday, 16 March 2016 20:45 (eight years ago) link

when I think about it, I consider it a minor miracle he hasn't been assassinated already.

Οὖτις, Wednesday, 16 March 2016 20:50 (eight years ago) link

It appears as though the Secret Service has gotten a lot better at protecting presidents lately.

One bad call from barely losing to (Alex in SF), Wednesday, 16 March 2016 20:52 (eight years ago) link

Garland is a step up in that he doesn't believe in the literal devil burying dinosaur bones to fool people about the age of the earth

AdamVania (Adam Bruneau), Wednesday, 16 March 2016 20:54 (eight years ago) link

Anthony Anderson's monologue from the riot episode of Black-ish when describing watching the Obamas walk down the street during their first inaugural parade and being paralyzed by fear that they were about to be shot brought back some severely unpleasant memories of watching that footage and thinking the same thing.

i like to trump and i am crazy (DJP), Wednesday, 16 March 2016 20:55 (eight years ago) link

Anthony Anderson's monologue from the riot episode of Black-ish when describing watching the Obamas walk down the street during their first inaugural parade and being paralyzed by fear that they were about to be shot brought back some severely unpleasant memories of watching that footage and thinking the same thing.

Yikes! Surely this has faded?

Allen (etaeoe), Wednesday, 16 March 2016 21:31 (eight years ago) link

... The past seven years have given us Treyvon Martin, Walter Scott, Eric Garner, Freddie Grey, Aiyana Jones, Sandra Bland, Kimani Gray, John Crawford III, Michael Brown, Miriam Carey, Tommy Yancy, Jordan Baker, and the massacre in South Carolina, so no it has not faded.

i like to trump and i am crazy (DJP), Wednesday, 16 March 2016 21:39 (eight years ago) link

yeah Trump's armed and violent followers are hardly a palliative

Οὖτις, Wednesday, 16 March 2016 21:41 (eight years ago) link

That's not even including major incidents I left out like Tamir Rice

i like to trump and i am crazy (DJP), Wednesday, 16 March 2016 21:43 (eight years ago) link

christ what an asshole

Senator Mitch McConnell of Kentucky, the majority leader, has called President Obama’s Supreme Court nominee, Judge Merrick B. Garland, and explained that no action would be taken in the Senate on the nomination, Mr. McConnell’s spokesman said.

Mr. McConnell also informed Judge Garland that they would not be meeting in person at the Capitol.

“Rather than put Judge Garland through more unnecessary political routines orchestrated by the White House, the leader decided it would be more considerate of the nominee’s time to speak with him today by phone,” Mr. McConnell’s spokesman, Don Stewart, said in a statement.

“The leader reiterated his position that the American people will have a voice in this vacancy and that the Senate will appropriately revisit the matter when it considers the qualifications of the person the next president nominates. And since the Senate will not be acting on this nomination, he would not be holding a perfunctory meeting, but he wished Judge Garland well.”

Karl Malone, Wednesday, 16 March 2016 21:51 (eight years ago) link

Rather than put Judge Garland through more unnecessary political routines orchestrated by the White House Rather than put Judge Garland through more unnecessary political routines orchestrated by the White House Rather than put Judge Garland through more unnecessary political routines orchestrated by the White House Rather than put Judge Garland through more unnecessary political routines orchestrated by the White House Rather than put Judge Garland through more unnecessary political routines orchestrated by the White House Rather than put Judge Garland through more unnecessary political routines orchestrated by the White House Rather than put Judge Garland through more unnecessary political routines orchestrated by the White House

Karl Malone, Wednesday, 16 March 2016 21:51 (eight years ago) link

ice cold

Οὖτις, Wednesday, 16 March 2016 21:53 (eight years ago) link

so what's gonna happen? is this actually gonna cost any senators their seats, or what?

tremendous crime wave and killing wave (Joan Crawford Loves Chachi), Wednesday, 16 March 2016 23:04 (eight years ago) link

they have no bargaining chips really, I mean sure they could hold out for all that time but i suspect they are going to play chicken with Obama and will eventually find an excuse as to why they decided to start confirmation hearings despite frequent assurances that they wouldn't, while also assuring that they were doing it not because Obama told them to but because *they wanted to*!

Neanderthal, Wednesday, 16 March 2016 23:06 (eight years ago) link

i'd think they'd at least wait through all the primaries before folding; the florida senate primary isn't until august 30, so hell why not wait another two months anyway

tbh i don't think the senate gop has any idea what it's doing -- they're just delaying in the hope that things magically improve somehow

mookieproof, Wednesday, 16 March 2016 23:41 (eight years ago) link

yeah it won't be tomorrow but they'll wait until they can't keep the charade up any longer

Neanderthal, Wednesday, 16 March 2016 23:45 (eight years ago) link

is it playing chicken if both sides are prepared to total one guys car?

ulysses, Thursday, 17 March 2016 00:11 (eight years ago) link

http://www.rawstory.com/2016/03/busted-pbs-features-trump-volunteer-sporting-white-supremacist-tattoos/

88 tattoo not even hidden from view.

Neanderthal, Thursday, 17 March 2016 00:15 (eight years ago) link

My wife knows Garland too, I found out tonight

i like to trump and i am crazy (DJP), Thursday, 17 March 2016 02:59 (eight years ago) link

(She is a big fan and compared him favorably with Kagan)

i like to trump and i am crazy (DJP), Thursday, 17 March 2016 03:00 (eight years ago) link

Xxpost oops that was for other thread

Neanderthal, Thursday, 17 March 2016 03:55 (eight years ago) link

the GOP is pathetic

http://talkingpointsmemo.com/dc/obama-garland-conservative-reaction

Karl Malone, Thursday, 17 March 2016 13:39 (eight years ago) link

Washington Post Daily 202 column:

What worries the smartest people on the left is that McConnell will shepherd Garland’s confirmation through during the lame-duck session if Clinton wins, depriving the first woman president of her ability to pick a more progressive alternative. While Garland is 63, which means he has a relatively shorter shelf life on the bench, Hillary could pick someone who is still in her 40s.

curmudgeon, Thursday, 17 March 2016 13:44 (eight years ago) link

Oops, just read the end of that TPM thing after I posted the Post comments

curmudgeon, Thursday, 17 March 2016 13:47 (eight years ago) link

SCOTUS beat reporter Robert Barnes says it is probably accurate to describe Garland as “the most conservative Supreme Court nominee by a Democratic president in decades.

His prosecutor background and some of his rulings on the D.C. Circuit indicate that he would not take uniformly liberal positions on criminal justice issues; on the circuit, he is more likely to side with the government than his liberal colleagues.”
• “Garland looks more like a left-leaning version of Chief Justice John G. Roberts Jr.: a Midwesterner with double degrees at Harvard who clerked for the same circuit judge, moved on to work for Supreme Court justices, served on the D.C. Circuit and made friends on both sides of the aisle.”

curmudgeon, Thursday, 17 March 2016 13:58 (eight years ago) link

OK but "left leaning John Roberts" is a meaningless, incoherent description.

The burrito of ennui (Alfred, Lord Sotosyn), Thursday, 17 March 2016 13:59 (eight years ago) link

I get the political expediencies of this nomination, but it's hard not to be disappointed. if the GOP had NOT pulled this stunt and the nomination process proceeded more or less as normal, would he have chosen Garland? probably not, though who knows (ugh i've internalized the worst aspects of josh marshall style writing, sorry). so it feels like rewarding the GOP for their complete idiocy. now the possible are outcomes are 1) GOP folds before the election and we get a relatively older justice that even fox admits that Garland is the most conservative nominee from a democratic president in the modern era, or 2) GOP folds after Clinton wins and appoints Garland in the lame duck session, which effectively grants them an extra decision point that they normally wouldn't have, or 3) GOP wins the election and blood flows from our tear ducts. Those are all weak outcomes imo.

i guess the counterpoint is that if he would have nominated someone that liberals were excited about, it would be a more effective GOTV issue for the GOP. but that doesn't seem like a good enough reason to go with Orrin Hatch's best friend, especially after waiting until after March 15 and seeing the state of the presidential nomination process

Karl Malone, Thursday, 17 March 2016 14:12 (eight years ago) link

left wing law ppl i know think v highly of garland

Mordy, Thursday, 17 March 2016 14:12 (eight years ago) link


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