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The Supreme Court discussion thread The Supreme Court discussion thread

09-19-2020 , 11:45 AM
Quote:
Originally Posted by Rococo
McConnell is offering a rationale that neither he, nor you, actually cares about. In light of that fact, it's a little tough to take the rationale seriously.
It appears Lindsey takes it seriously.
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09-19-2020 , 11:46 AM
For once I agree with Wookie, there is no way the republicans give up this opportunity before the election. The democrats would fully do the same if they were in the same situation.
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09-19-2020 , 11:51 AM


lol
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09-19-2020 , 11:52 AM
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09-19-2020 , 12:04 PM
Dem's basically gotta say: If you make another bad faith appointment to the supreme court, then all bets are off when we get the majority next time. Filibuster is gone, DC statehood is on, pack the court, expanded voting rights (lol that this is considered a partisan issue), etc.
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09-19-2020 , 12:09 PM
Pitlyk and Grant are dark horses. Both are female former clerks of Kavanaugh in their early 40s.
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09-19-2020 , 12:20 PM
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Originally Posted by synth_floyd
Dem's basically gotta say: If you make another bad faith appointment to the supreme court, then all bets are off when we get the majority next time. Filibuster is gone, DC statehood is on, pack the court, expanded voting rights (lol that this is considered a partisan issue), etc.
This is cute and all, but a 6-3 panel of unprincipled conservative authoritarians gets to decide whether or not Dems can ever win another election.
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09-19-2020 , 12:24 PM
Quote:
Originally Posted by GodgersWOAT
Of course. Like many legal arguments it is insufferably pointless, but, and here’s the rub, it’s technically correct.
The mere fact that you can identify a distinction doesn't make the distinction compelling.

Why should anyone care about a rationale that you concede is pretextual (at least for you and McConnell) and that you concede you would happily abandon in the breach?
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09-19-2020 , 12:24 PM
Quote:
Originally Posted by bundy5
For once I agree with Wookie, there is no way the republicans give up this opportunity before the election. The democrats would fully do the same if they were in the same situation.
The only ways they would give it up are if they were very confident of winning or thought it might make the difference in a election. The later is more likely but I suspect they think the risk of losing will be too high. Still must be tempting to make the election more about the supreme court.
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09-19-2020 , 12:27 PM
Yeah I doubt a hypothetical threat will dissuade them (their whole strategy is to maximize short term sectarian political gains) but at some point chickens are going to come home to roost and a minority using undemocratic means to keep a tenuous hold on power will face a backlash. This is going to entrench their opponents, escalate partisanship and make the backlash worse.
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09-19-2020 , 12:30 PM
Quote:
Originally Posted by synth_floyd
Yeah I doubt a hypothetical threat will dissuade them (their whole strategy is to maximize short term sectarian political gains) but at some point chickens are going to come home to roost and a minority using undemocratic means to keep a tenuous hold on power will face a backlash. This is going to entrench their opponents, escalate partisanship and make the backlash worse.
If you're going for authoritarian rule, you only have to win once. There's no backlash in Putin's Russia.
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09-19-2020 , 12:36 PM
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Originally Posted by GTO2.0
I really don’t get people saying she should have retired in 2013, or that it would have been smart for her to do so/she made a selfish mistake. Hearing this both from lib and conservative people I know.

When exactly was that supposed to have been the smart move? Like immediately after the midterms that November and before the new year? She lived another 7 years, and outlasted two younger colleagues, and had no way of forecasting just how nasty and insane the nomination process would get. She had cancer before that, sure, but it does not appear to have been something that was immediately life threatening until recently, and she evidently tried very hard to stay in good health.

Like, no one on the right was calling for Scalia to retire and that guy was a walking bowling ball who literally croaked after a wild game and scotch night.
and Republican Senate wasnt going to approve anyone anyway. I guess if she knew they were gonna block everyone then she shoulda retired before whatever election it was that gave them the majority. but libs are dumb about that kind of stuff and I doubt she was an exception.
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09-19-2020 , 12:39 PM
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Originally Posted by MrWookie
If you're going for authoritarian rule, you only have to win once. There's no backlash in Putin's Russia.
The main point I was making that I dont think Rococo got.

The trouble is that even if this isn't it almost by accident, it's just matter of time until some more ruthless competent Putin version of trump realises just how easy it would be.

It's a feature if the USA system. An authoritarian bomb waiting to go off
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09-19-2020 , 12:51 PM
Quote:
Originally Posted by MrWookie
If you're going for authoritarian rule, you only have to win once. There's no backlash in Putin's Russia.
Kind of a different situation. There has been authoritarian rule in Russia going back to before Czar Nicholas
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09-19-2020 , 12:56 PM
it's just going to be the vulnerable senators deciding if shoving a possible end to abortion and gay/trans rights onto the court is worth losing their jobs.

Dems should be waiving susan collins in republicans senators faces every chance they get. she went from +30 to -12 since kavanaugh. Senators in blueish near blueish states will absolutely get voted out on this..


that being said however, republicans are much more reactive to an open seat voter puh than dems as seen by 2016.. an open seat will give every religious trumper a clear reason to go against every single belief they have(not that they particularly cared) and pull the trump lever. so i'm not sure its necessarily beneficial for trump himself to push one through prior to the election rather than hold it as a reward for re-electing him
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09-19-2020 , 01:00 PM
Quote:
Originally Posted by MrWookie
LOL @ the people ITT claiming there have to be hearings and a process and vetting and a debate and ****, and any opportunity at all for Dem Senators to make a case against Barrett or whatever ghoulish zealot Trump nominates. None of that has to happen if Mitch doesn't want it to happen. The only question is if the GOP is confident enough in the status quo of the court and their own electoral prospects that they can win any and all election challenges without the extra vote. If not, they get someone on before the election. If they are, then they can wait to the lame duck, or even after the election if Trump wins.
The main issue is 50 votes. I can imagine McSally, Collins and a few others not wanting it coming up before, either way they will piss people off. Lame duck it’ll be pretty easy to pass it with the hard core red staters plus whatever purple staters lost.
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09-19-2020 , 01:42 PM
Quote:
Originally Posted by Rococo
It doesn't matter how nasty and insane the nomination process became. She knew a Republican president would appoint a conservative justice. And it apparently was important to her not to be replaced by someone who would move the court to the right. There is no rule that says you have to stay on the Court until you die. She was gambling that either a Democrat would win in 2016, or that she would live to see a Democrat elected in 2020 or 2024. It seemed like a risky bet at the time. And it certainly seems now like it was a risky bet.

I'm not overly critical, because we all have lives to lead, and leaving a job you love is never easy. But I understand the criticism.
I agree that she was making a gamble, and that if she really cared about who replaced her she should have retired. However, I would think there is a very good chance her thoughts and stance on the process would have evolved over the past 7 years.

That’s why I bring up the recent nominations. Nothing like that had ever happened before with blocking Garland, and the Kavanaugh process was an order of magnitude more dramatic and high profile than Thomas or Bork. It’s pretty reasonable that, having seen the processes and checks and balances that she spent her life depending on devolve, she realized after the fact how important her staying alive was. Or, on a similar note, she would have been ok with a “normal” conservative candidate that got vetted and challenged the way they had historically been, and not one of the FedSoc robots that are on Trumps list.

Anyways, my main point is when exactly do you think staying on became a bad gamble? As soon as the 2014 midterms happened, she has to hang for D pres AND a D senate. So she was supposed to see that coming in 2012 after Obama walked over Romney and check out?
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09-19-2020 , 01:50 PM
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Originally Posted by Shuffle
This. There will be at least hundreds of thousands of missing mail-in ballots during the election, federal police outside urban polling centers, flanked by right-wing paramilitary civilian groups, and an army of Republican lawyers willing to challenge any and all ballots in front of a 6-3 Supreme Court (5-4 majority even if Roberts sides with the liberals).

The Republicans know that if they lose the election, Democrats will move to expand the Supreme Court to 13 justices so they can have a 7-6 majority.

The election is no longer about votes and fairness and democracy.
Not to go all Victor shitlib, but there is zero chance of court expansion no matter how big a D wave there is. That’s a fever dream that Rs are using to boogeyman their base into turning out. There are like 3 total elected Dems who have the stomach to even bring that up.

It’s over for the court for the next like 20 years at least with RBG gone. The only way there’s a lib majority is if Biden wins, D senate majority wins, and BOTH Thomas and Alito croak, because neither of them is walking away in that scenario.

*im assuming someone gets rammed through before the end of the year no matter what. Which will happen
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09-19-2020 , 01:51 PM
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Originally Posted by CharlieDontSurf
See almost no chance of a vote pre-election - but lame duck gets interesting.
Agree. Right off the top of my head I can think of 5-6 incumbent GOP senators who are in really tight re-election fights. The ones most likely to fall (in descending order) include: (1.) Martha McSally, Arizona, (2.) Susan Collins, Maine, (3.) Cory Gardner, Colorado, (4.) Joni Ernst, Iowa, (5.) Thom Tillis, North Carolina, and (6.) Steve Daines, Montana. Thought not likely, there's a [remote?] possibility Lindsey Graham (South Carolina) and David Perdue (Georgia) could come out on the short end, but there would have to be a true "Blue Wave" election for those two to get knocked off.

Because these six incumbent Republicans are in tight re-election races - where being forced to cast a controversial [pre-election] vote could literally cost them their jobs - they'll persuade McConnell to postpone the vote until after the election. After the election, if they lose anyway, their final FU to the voters in their states will be to vote Trump's nominee in during the lame duck session. Realizing that forcing these vulnerable Republican senators to vote before the election will probably cost him his coveted Majority Leader status, Mitch will try and "persuade" Trump not to put forth a nominee before the election. However, with Trump being Trump, who knows how this plays out?

Politics ... Don't you just love it!?
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09-19-2020 , 02:08 PM
Quote:
Originally Posted by Shuffle
On the contrary, I think it might be one of the very first things Democrats do if they somehow gain power after January. This is high stakes poker, nuclear war trading cities for cities. Trump and the Republicans have every incentive to arbitrarily decide the election 6-3 or 5-4 where the actual votes cast by 100-something million people don't matter, and Democrats have an incentive to undertake any and all means to ensure they don't just rely on fair elections and high and mighty ideals.

Who blinks first?
Oh I agree this is a Doomsday scenario for Ds. I just think they’ll puss out. Like, can you Joe “Let’s get back to the way things used to be civility wise” Biden pushing this?

Hope you’re right tho.
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09-19-2020 , 02:16 PM
Quote:
Originally Posted by Shuffle
I hope I'm wrong. Because otherwise, that's the end of democracy in the United States as you know it.
Democracy ended already in the USA. Canada and the European Union should be sending in Troops to ensure a fair election

Another 50 years and you will be sewing and stitching Nike shoes and clothes for Chinese Citizens as Dictator Baron Trump has inherited the throne from Ivanka
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09-19-2020 , 02:49 PM
Quote:
Originally Posted by awval999
These four Rs in bold have committee spots and competitive Senate elections.
Committee is 12-10.

Each one is going to have to decide for themselves what is the bigger political risk. Voting "aye" or "nay".

I think in the end they role with the social conservative vote/Supreme Court voters. And all vote "aye". They may not win their election even with this vote. But they will certainly lose without it.
And you'll, with a single tear running down your cheek, say "we took our country back"
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09-19-2020 , 02:55 PM
Quote:
Originally Posted by Former DJ
Agree. Right off the top of my head I can think of 5-6 incumbent GOP senators who are in really tight re-election fights. The ones most likely to fall (in descending order) include: (1.) Martha McSally, Arizona, (2.) Susan Collins, Maine, (3.) Cory Gardner, Colorado, (4.) Joni Ernst, Iowa, (5.) Thom Tillis, North Carolina, and (6.) Steve Daines, Montana. Thought not likely, there's a [remote?] possibility Lindsey Graham (South Carolina) and David Perdue (Georgia) could come out on the short end, but there would have to be a true "Blue Wave" election for those two to get knocked off.

Because these six incumbent Republicans are in tight re-election races - where being forced to cast a controversial [pre-election] vote could literally cost them their jobs - they'll persuade McConnell to postpone the vote until after the election. After the election, if they lose anyway, their final FU to the voters in their states will be to vote Trump's nominee in during the lame duck session. Realizing that forcing these vulnerable Republican senators to vote before the election will probably cost him his coveted Majority Leader status, Mitch will try and "persuade" Trump not to put forth a nominee before the election. However, with Trump being Trump, who knows how this plays out?

Politics ... Don't you just love it!?
I agree that lame duck is possibly more likely but also more likely to be thoroughly rejected by the American people.

Also I don’t believe Mcsally gets a lame duck session. If she loses she will likely be shoved out by November 30th because her seat isn’t a normal election seat but a special..
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09-19-2020 , 02:57 PM
Quote:
Originally Posted by chezlaw
The main point I was making that I dont think Rococo got.

The trouble is that even if this isn't it almost by accident, it's just matter of time until some more ruthless competent Putin version of trump realises just how easy it would be.

It's a feature if the USA system. An authoritarian bomb waiting to go off
And how does getting rid of the SCOTUS solve what you see as the problem? Maybe I misunderstood your post.
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09-19-2020 , 03:18 PM
Quote:
Originally Posted by GTO2.0
Or, on a similar note, she would have been ok with a “normal” conservative candidate that got vetted and challenged the way they had historically been, and not one of the FedSoc robots that are on Trumps list.
Clarence Thomas and Sam Alito were nominated to the Court by H.W. and W. respectively. Both Thomas and Alito are ideologically to the right of Gorsuch and Kavanaugh. It would have been insane for RBG to assume in 2012 that the next GOP appointee would be more centrist than someone like Kavanaugh.

Quote:
Anyways, my main point is when exactly do you think staying on became a bad gamble? As soon as the 2014 midterms happened, she has to hang for D pres AND a D senate. So she was supposed to see that coming in 2012 after Obama walked over Romney and check out?
It's a considerable overstatement to say that the same party has to control both the White House and the Senate in order to get a justice confirmed. It's one thing to block a nomination for eight months. It's another thing entirely to block a nomination for 2-3 years.

In any case, there was nothing stopping RBG from stepping down in early 2014 at the age of 80. By that time, she already had a history of pancreatic cancer, which is an extremely serious form of cancer with generally poor outcomes.

But again, I'm not that critical of her. As I said before, she only has one life. It's hard to leave a job that you love, especially when you are great at the job.
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