U.S. Supreme Court: Post-Nino Edition

Obama should recess appoint Garland asap

can he actually do that? because if so he absolutely should

yeah i'm of the mind that he should, but i'm just not sure it's his nature to do so

it's a nice wish but will never happen

I think the only obstacle is when/whether the senate is in recess...?

if he "signals" he's going to do it, the Senate will stay in session somehow. McConnell's wily. He knows parliamentary tricks.

http://www.scotusblog.com/2016/02/is-a-recess-appointment-to-the-court-an-option/

short version: not unless the GOP completely fucks up and allows the Senate to spend more than three days at recess, doing nothing at all.

Goddammit

I mean if they do take a recess for the holidays and McConnell sticks Jeff Flake with the Christmas shift, then maybe

"Whoops, I let my work phone battery die! Sorry about that Mitch"

What can we do to make this happen

Grasping at straws here

wait until holiday recess starts, surround the capitol in an unbroken loop of armlocked bodies, and relieve each other in shifts for a minimum of 73 hours, nobody gets in

I like this idea lets make it happen

I never have xmas plans anyway

He can say the Senate has waived its opportunity to provide advice and consent and just appoint him. Let the Republicans sue and let the courts decide if it's constitutional.

It looks like the streets around the capitol (Independence, 1st NE, Constitution, 1st NW) would be about 7200 feet, people are about 2.5 feet wide, let's say just two shifts, so around 6000 people is all you would need

I'll lay down on those train tracks! Win-win situation, imo.

6000 seems like a v doable number tbh

Grasping at straws here

― Οὖτις, Saturday, November 12, 2016

Put Nino back on the Court imo

https://petitions.whitehouse.gov/petition/appoint-garland-now-senate-has-waived-its-rights

https://www.washingtonpost.com/opinions/obama-can-appoint-merrick-garland-to-the-supreme-court-if-the-senate-does-nothing/2016/04/08/4a696700-fcf1-11e5-886f-a037dba38301_story.html

I can't think of a reason why Garland would do it other than for a good Wiki.

Dont piss in my cheerios right now, i cant take it

I need to feel like i tried today

why are you eating Cheerios on a Saturday afternoon

Uh, why would Garland NOT do it?

yeah i don't see the downside for him

life turmoil

mcconnell might let it happen, letting republicans off the hook from their stated mission to prevent a pr catastrophe like a peter thiel nomination.

lol no

go to hell you stink heel:

Justice Alito peppered several shots at college students into his remarks, such as when he recalled Scalia’s diverse upbringing in Queens.

“Nino said he grew up in a melting pot,” the justice said. “I will not say that, because I know that, according to the powers that be in the University of California university system, the phrase ‘melting pot’ is a microaggression. But the people of Nino’s Queens didn’t know it was a microaggression.”

While discussing Scalia’s transformative influence on oral argument, Justice Alito mocked the campus trend of designating physical “safe spaces” free from thoughts with which liberal students disagree.

“It became a contact sport,” Justice Alito said of oral argument. “The courtroom was not a safe space when Nino was on the bench.”
He said Scalia “believed in speaking the truth no matter the cost,” a sentiment that can be traced to the late jurist’s undergraduate years.

“In the speech that he gave at his college graduation, he said something that was quite revealing,” Justice Alito said. “The prose is early Nino. It is 1950s undergraduate stuff, not the man of style we know so well. But the sentiment is one that I think Nino had until the end. This is what he says to his fellow students about his college days: ‘We were seekers of truth.’ Can you imagine a student saying that at a college graduation today?/

... Yes? Next question.

a Federalist Society gathering: http://www.washingtontimes.com/news/2016/nov/17/samuel-alito-america-faces-unprecedented-challenge/

i can't even handle reminding myself that scalia died in FEBRUARY and gop got away w/ this shit

― marcos, Thursday, November 10, 2016 1:06 PM (two weeks ago) Bookmark Flag Post Permalink

fuckin a

― marcos, Thursday, November 10, 2016 1:06 PM (two weeks ago) Bookmark Flag Post Permalink

i'm still kind of blown away that they got away w/ basically stealing a supreme court seat. how the fuck did that even happen?

http://www.rollingstone.com/politics/features/how-trump-and-the-republicans-stole-the-supreme-court-w450269

President Obama, as he often does, thought he could break through the Republican wall by trying to appease them. Instead of nominating a young liberal firebrand or a judicial first, he nominated a well-respected but moderate, not-young white male: Merrick Garland. Obama thought Garland, who had been praised throughout his career by politicians on both sides of the aisle, would be unobjectionable and would break the logjam.
The president couldn't have been more wrong. Without any interest group to cheerlead his cause, Garland was quickly forgotten and faded into the distant background of American politics. As a result, there was no movement whatsoever, and Garland's nomination has lingered with no action longer than for any nominee in history.

this seems otm. is it wrong to say obama should've seen this coming? or was he not that worried about it since he assumed, like most of us, that a trump win was extemely unlikely?

He said Scalia “believed in speaking the truth no matter the cost,”

No matter what Alito's delusions may be on the subject, legal nitpicking does not constitute a diligent search for truth, and intellectual arrogance does not confer an exclusive corner on the truth.

obama was probably wrong from the get-go, but the chances of the tactical maneuver paying off were sort of swamped by larger developments. it was a move primed for a different kind of election season, up against a more boring Generic Republican and trying to get the electorate mobilized against the Generic Republican Do-Nothings. at the time of the pick it still seemed possible that cruz (or more distantly rubio, or MUCH more distantly kasich) might have somehow ended up the GOP nominee, and then you have a much stronger hand in flogging the Garland nomination as proof that the GOP establishment was a bunch of do-nothings abandoning their responsibility to govern, even in the case of this Fine Distinguished Boring Judge. but then the "not the GOP establishment" guy won the nomination and so it wasn't the campaign.

i wonder, if scalia had died one year earlier, could they have really gotten away with this "wait for the next president" garbage? it was ridiculous that they got away with it as it was, mind you. random chance, what a drag.

i mean at some point it probably would've been worth it to do what this article (posted earlier itt) suggests https://www.washingtonpost.com/opinions/obama-can-appoint-merrick-garland-to-the-supreme-court-if-the-senate-does-nothing/2016/04/08/4a696700-fcf1-11e5-886f-a037dba38301_story.html?utm_term=.a4b6f6a95e52 and i ultimately think obama fucked up by not doing that, or at least by not threatening to do that

i mean what the fuck, this is a big deal and im kind of astonished obama just let this happen without much of a fight at all

We're in this weird period of bluffs being called across the board. You have to appoint a Supreme Court justice! "No we don't." You have to show you tax returns! "No I don't." You need to live in the White House! "No we don't." If anything the SC stall move was like the first in an endless season of audacity.

Obama technically hasn't not done it yet. He has until January to do stuff! He could do it over Christmas when the Senate goes on recess.

^^^

I am afraid he won't but hope he will

I don't see a largely cautious, centrist Dem O doing it all, but will have to wait and see

doing it= appointing Garland

*sadly deletes joke*

i don't think he will do it, but even if it is a possibility i'd fully expect the GOP to figure out some kind of maneuver to ensure there is no recess (is that possible?)

I don't see what reason he would have not to do it, beyond "caution." Because the next several years will be about undoing his legacy, he might as well go out trying to add to his legacy and make them figure/fight it out in court.

Yes. Xpost

The best way to get the Senate to avoid a recess would be to telegraph his intention to make a recess appointment to the SCOTUS. One devoutly hopes he is playing rope-a-dope with McConnell.