Open Side Menu Go to the Top
Register
The Supreme Court discussion thread The Supreme Court discussion thread

10-27-2020 , 11:16 AM
Quote:
Originally Posted by harkin
Black man swears in woman appointed by racist misogynist
you say this as some sort of an attempt at a gotcha, but Trump 100% believes he's smarter and better than both of them for obvious reasons.
The Supreme Court discussion thread Quote
10-27-2020 , 11:17 AM
The executive branch and the legislative branch have a term measured in years. The American people aren't going to have a hard time understanding the judicial branch going to a term measured in years instead of lifetime appointments.

I forget the math, but I saw something where say there are like 15 supreme court justices with a term measured in years and every president on inaugural day gets to replace x number of justices whose term has ended.

Maybe it was something like an 18 year term limit as a supreme court justice (which is still very long). And the president in every odd year gets to nominate a justice, thereby getting to put two justices on the bench in a president's four years.

The disingenuous bullcrap going on now must end. Burn it to the ground. If the Democrats control the WH, Senate and HR, then there are bills that could be passed with a simple majority that don't need constitutional amendment.

Last edited by ladybruin; 10-27-2020 at 11:42 AM.
The Supreme Court discussion thread Quote
10-27-2020 , 11:19 AM
Quote:
Originally Posted by lagtight
When Trump loses and the Dems win the Senate, can the lame-duck Senate pack the court with Trump nominees?
Not unless the House and Senate both pass a bill to expand the court.
The Supreme Court discussion thread Quote
10-27-2020 , 11:21 AM
Quote:
Originally Posted by d2_e4
Dunno man, 33% of the country really want to overturn Roe, I could see a scenario where they sneak some fringe nutjob(s) on for a couple of years to get the job done.
the republicans in government don't actually want to overturn roe v wade. they get WAY too much fundraising power and wield way too much influence over whackjobs like lagtight with roe left hanging.

if they got rid of it completely they lose half their funding and zealots overnight.
The Supreme Court discussion thread Quote
10-27-2020 , 11:21 AM
Quote:
Originally Posted by itshotinvegas
There is a difference between not agreeing with what one party does and accusing them of acting improperly while demanding system changes when that party does something you don't like. Win an election if you want to change things you don't like, and don't ***** about how unfair it is when you lose.
lol this is the most shitlib thing I have ever read.
The Supreme Court discussion thread Quote
10-27-2020 , 11:32 AM
Quote:
Originally Posted by MrWookie
Not unless the House and Senate both pass a bill to expand the court.
Ok. Thanks.
The Supreme Court discussion thread Quote
10-27-2020 , 11:44 AM
Quote:
Originally Posted by d2_e4
Dunno man, 33% of the country really want to overturn Roe, I could see a scenario where they sneak some fringe nutjob(s) on for a couple of years to get the job done.
This is a potential problem. But I don't think it would arise that often, and I don't think it is main problem with what I proposed.

The main problem with my proposal is that, if my proposed system were allowed to run for thirty or forty years, and if appointments by a 2/3 majority proved to be rare (and thus lifetime appointments were rare), then we very easily could end up with a situation where the newly elected president has the opportunity early in his or her term to replace almost the entire court with partisan hacks who will support the presidential agenda.

That would turn the SCOTUS into something close to a de facto branch of the executive department.
The Supreme Court discussion thread Quote
10-27-2020 , 11:46 AM
Quote:
Originally Posted by Slighted
the republicans in government don't actually want to overturn roe v wade. they get WAY too much fundraising power and wield way too much influence over whackjobs like lagtight with roe left hanging.

if they got rid of it completely they lose half their funding and zealots overnight.
I agree with this. Actually overturning Roe would be a tactical error for Republicans. Incremental erosion of the right is much better politics.
The Supreme Court discussion thread Quote
10-27-2020 , 11:47 AM
Quote:
Originally Posted by itshotinvegas
No, I don't like that ACB was rammed through, or that they withheld Garland's nomination, but it was not unfair, improper or illegal, nor abnormal (when it comes to judges in general) They won the senate/WH and exercised their power. I don't think the D's should change laws to "pack the court", but if they win the Senate and Whitehouse, I'm not going to say it's improper, unfair, or illegal, they have the right to govern how they see fit, and they've never had qualms about violating norms. Harry Reid's decision to end the filibuster was the single most damaging action taken. To me, the argument about norms is bullshit. A objective look at the history will tell you the Democrats started and both side perpetuated this attack on confirmations. It's been going on for decades.
I call BULLCRAP.

You are saying the Republicans won the WH & Senate and exercised their power, BUT somehow you think if the Democrats win the WH, Senate & HR they shouldn't exercise their power and pass laws to pack the courts.

Power should only be exercised as you see fit. You are a hypocritical troll.

Last edited by ladybruin; 10-27-2020 at 12:08 PM.
The Supreme Court discussion thread Quote
10-27-2020 , 12:16 PM
Quote:
Originally Posted by ladybruin


I call BULLCRAP.

You are saying the Republicans won the WH & Senate and exercised their power, BUT somehow you think if the Democrats win the WH, Senate & HR they shouldn't exercise their power and pass laws to pack the courts.

Power should only be exercised as you see fit. You are a hypocritical troll.
What he actually is saying is that (i) he doesn't think Republicans should have blocked Garland or rammed ACB through; and (ii) he doesn't think Democrats should pack the court.

That's internally consistent, or at least arguably so. But he is lying about (i). That's the real issue.
The Supreme Court discussion thread Quote
10-27-2020 , 12:38 PM
Quote:
Originally Posted by Slighted
the republicans in government don't actually want to overturn roe v wade. they get WAY too much fundraising power and wield way too much influence over whackjobs like lagtight with roe left hanging.

if they got rid of it completely they lose half their funding and zealots overnight.
Interesting - hadn't thought of it that way, good point.
The Supreme Court discussion thread Quote
10-27-2020 , 12:51 PM
Quote:
Originally Posted by Rococo
What he actually is saying is that (i) he doesn't think Republicans should have blocked Garland or rammed ACB through; and (ii) he doesn't think Democrats should pack the court.

That's internally consistent, or at least arguably so. But he is lying about (i). That's the real issue.
I don't know how you can conclude that. The only arguments I've made in regards to Garland was it was within R's right to do it, and it's not abnormal for judges to be filibustered, that it happens to be a SCOTUS judge this time is only a relevant distinction to Democrats.


Quote:
Q: What's the role of the filibuster in blocking nominees? Where does the filibuster come from? Is it written into Senate rules, or just part of Senate tradition?

According to the U.S. Senate historian's Web site, the use of the filibuster to delay or block legislation (or a nomination) "has a long history."

Here's what the Senate historian had to say:

"The term filibuster, from the Dutch word for a kind of pirate, became popular in the 1850s, when it was applied to efforts to hold the Senate floor in order to prevent action on a bill. In the early years of Congress, representatives as well as senators could use the filibuster technique. As the House grew in numbers, however, it was necessary to revise House rules to limit debate. In the smaller Senate, unlimited debate continued, since senators believed any member should have the right to speak as long as necessary.

"In 1841, when the Democratic minority hoped to block a bank bill promoted by Henry Clay, Clay threatened to change Senate rules to allow the majority to close debate. Thomas Hart Benton angrily rebuked his colleague, accusing Clay of trying to stifle the Senate's right to unlimited debate. Unlimited debate remained in place in the Senate until 1917. At that time, at the suggestion of President Woodrow Wilson, the Senate adopted a rule (Rule 22) that allowed the Senate to end a debate with a two-thirds majority vote -- a tactic known as 'cloture.'

"The new Senate rule was put to the test in 1919, when the Senate invoked cloture to end a filibuster against the Treaty of Versailles. Despite the new cloture rule, however, filibusters continued to be an effective means to block legislation, due in part to the fact that a two-thirds majority vote is difficult to obtain. Over the next several decades, the Senate tried numerous times to invoke cloture, but failed to gain the necessary two-thirds vote. Filibusters were particularly useful to Southern senators blocking civil rights legislation in the 1950s and 1960s. In 1975, the Senate reduced the number of votes required for cloture from two-thirds (67) to three-fifths (60) of the 100-member Senate.
1917 rule change, W. Wilson, Democrat, to try and preempt the filibuster by introducing cloture. Who ended the filibuster? Harry Reid, Democrat. Both sides have used the filibuster routinely. Guess who changed the rule in 1975? You guess it, a Democrat controlled Senate.
The Supreme Court discussion thread Quote
10-27-2020 , 01:07 PM
Guess who started the filibuster with judges:
Quote:
The use of the filibuster to stall or block judicial nominees did not begin in earnest until 2003, when Senate Democrats sought to block the confirmation of Miguel Estrada to the U.S. Court of Appeals for the D.C. Circuit, in part because they feared the President Bush was positioning Estrada for a potential Supreme Court nomination. Several more filibusters of Bush nominees followed, until the so-called "Gang of 14" deal temporarily took the judicial filibuster off of the table. Senate Republicans responded in kind, filibustering a handful of President Obama's judicial nominees until the cloture threshold for nominations was lowered to a simple majority.

Quote:
Not only do the data in Table 2 manifest a generally rising trend, but the pattern displayed in Congresses beginning with the 108th (2003-2004) is sharply distinct from that of earlier ones. From the 90th through the 107 th Congress (1967-2002), cloture was only once (103rd Congress, 1993-1994) sought on more than five nominations. In the five Congresses from the 108th through the 113th (2003-2013), by contrast, cloture was only once (110th Congress, 2007-2008) sought on fewer than 14 nominations. (trying to end Democrat filibuster of judicial nominees)

....
As already observed, the only period during which cloture attempts on either class of nominations were rejected far more often than they were either invoked or abandoned occurred in connection with the broad struggle over President George W. Bush’s judicial nominations in the 108th Congress (2003-2004).
https://www.senate.gov/CRSpubs/83d4b...3c4e976d2b.pdf

Last edited by itshotinvegas; 10-27-2020 at 01:17 PM.
The Supreme Court discussion thread Quote
10-27-2020 , 01:12 PM
Quote:
Originally Posted by itshotinvegas
I don't know how you can conclude that. The only arguments I've made in regards to Garland was it was within R's right to do it, and it's not abnormal for judges to be filibustered, that it happens to be a SCOTUS judge this time is only a relevant distinction to Democrats.




1917 rule change, W. Wilson, Democrat, to try and preempt the filibuster by introducing cloture. Who ended the filibuster? Harry Reid, Democrat. Both sides have used the filibuster routinely. Guess who changed the rule in 1975? You guess it, a Democrat controlled Senate.
You can go up 200 years if you want to try to prove your point as well ......
That is how weak it is .

Not even 5 years ago the R senate totally prevent obama to Govern for years like a supreme justice nominee and they use opposite arguments (lying) to impose their agenda on American people’s .

The arguments that democrat are the same as republicans and would act the same way is precisely where your totally crazy !
Tho it Will come to that after trump era ....
If it’s good for 1 side it’s good for the other , pretty clear now that’s how republicans think and the democrats shall as well from now on .
The Supreme Court discussion thread Quote
10-27-2020 , 01:14 PM
Quote:
Senate Republicans responded in kind, filibustering a handful of President Obama's judicial nominees until the cloture threshold for nominations was lowered to a simple majority.
This is a lie.
The Supreme Court discussion thread Quote
10-27-2020 , 01:14 PM
Quote:
Originally Posted by itshotinvegas
I don't know how you can conclude that. The only arguments I've made in regards to Garland was it was within R's right to do it, and it's not abnormal for judges to be filibustered, that it happens to be a SCOTUS judge this time is only a relevant distinction to Democrats.
Admittedly I am speculating. What do you believe Republicans should have done w/r/t Garland and w/r/t filling RBG's seat?


Quote:
1917 rule change, W. Wilson, Democrat, to try and preempt the filibuster by introducing cloture. Who ended the filibuster? Harry Reid, Democrat. Both sides have used the filibuster routinely. Guess who changed the rule in 1975? You guess it, a Democrat controlled Senate.
This both sides eroded the process in equal measure bullshit doesn't really hold water. As I explained previously in this thread, since WWII, there have been fifteen instances in which a Republican president nominated someone to the SCOTUS during a period when Democrats controlled the Senate. Twelve of the fifteen nominees--including Anthony Kennedy, William Rehnquist, and Clarence Thomas-- were approved.

Since WWII, there has only been one instance in which a Democratic president nominated someone during a time when Republicans controlled the Senate. And we all know what happened.
The Supreme Court discussion thread Quote
10-27-2020 , 01:15 PM
Quote:
Originally Posted by Rococo

That would turn the SCOTUS into something close to a de facto branch of the executive department.
Ummmm, little too late there, chief
The Supreme Court discussion thread Quote
10-27-2020 , 01:18 PM
Quote:
Originally Posted by MrWookie
This is a lie.
Lol, yeah, "a handful of appointments" is so ****ing out of whack with reality
The Supreme Court discussion thread Quote
10-27-2020 , 01:22 PM
Quote:
Originally Posted by itshotinvegas
Harry Reid's decision to end the filibuster was the single most damaging action taken. To me, the argument about norms is bullshit. A objective look at the history will tell you the Democrats started and both side perpetuated this attack on confirmations.
HIV doing his typical verbal diarrhea explosion all over the thread. Reminder that in previous incarnations of this diarrhea explosion, he argued in a manic all-night posting bender that it's Obama's fault Garland's seat wasn't filled because Obama could have just nominated a Federalist Society ghoul to get it filled if he wanted (nevermind McConnell & co. had already said, no hearings for any Obama nominee, period), and he literally did not understand that it wasn't normal for parties to hold vacancies open to be filled by the next president.

If you notice that this bears a lot in common with his stimulus arguments - it's all 100% Democrats' (and the White House's, I guess?) fault for not presenting a bill McConnell will agree to, no blame on McConnell whatsoever, while not understanding any of the underlying facts - you would be correct!
The Supreme Court discussion thread Quote
10-27-2020 , 01:26 PM
Quote:
Originally Posted by Rococo
Admittedly I am speculating. What do you believe Republicans should have done w/r/t Garland and w/r/t filling RBG's seat?
I actually support the Republican argument, somewhat. When it's close to an election, it should be up to the new POTUS. Garland was nominated, I think, 9 months before the election which is still within the general timeframe a POTUS can reasonably govern. I'd say within three to six months to an election, they become a lame duck POTUS and that type of decision should fall to the new POTUS. However, there is the issue of having a short-handed bench during an election.




Quote:
This both sides eroded the process in equal measure bullshit doesn't really hold water. As I explained previously in this thread, since WWII, there have been fifteen instances in which a Republican president nominated someone to the SCOTUS during a period when Democrats controlled the Senate. Twelve of the fifteen nominees--including Anthony Kennedy, William Rehnquist, and Clarence Thomas-- were approved.

Since WWII, there has only been one instance in which a Democratic president nominated someone during a time when Republicans controlled the Senate. And we all know what happened.
Again, you just want to focus on SCOTUS judges, but Federal Judges are just as important. And the first part was the filibuster in general. The second part is who broke the norm of not filibustering judges...the Democrats.
The Supreme Court discussion thread Quote
10-27-2020 , 01:29 PM
Quote:
Originally Posted by goofyballer
HIV doing his typical verbal diarrhea explosion all over the thread. Reminder that in previous incarnations of this diarrhea explosion, he argued in a manic all-night posting bender that it's Obama's fault Garland's seat wasn't filled because Obama could have just nominated a Federalist Society ghoul to get it filled if he wanted (nevermind McConnell & co. had already said, no hearings for any Obama nominee, period), and he literally did not understand that it wasn't normal for parties to hold vacancies open to be filled by the next president.

If you notice that this bears a lot in common with his stimulus arguments - it's all 100% Democrats' (and the White House's, I guess?) fault for not presenting a bill McConnell will agree to, no blame on McConnell whatsoever, while not understanding any of the underlying facts - you would be correct!
Right, the Senate exercised it's consent power, and Obama could have appointed a judge the Senate would approve, which likely would be a conservative judge. Obviously Obama passed at that opportunity and put his faith in HC to win.

Last edited by itshotinvegas; 10-27-2020 at 01:36 PM.
The Supreme Court discussion thread Quote
10-27-2020 , 01:31 PM
Quote:
Originally Posted by Rococo
Admittedly I am speculating. What do you believe Republicans should have done w/r/t Garland and w/r/t filling RBG's seat?
In my opinion, Garland was entitled to a proper Senate hearing.

Also, in my opinion, Barrett was also entitled to a proper Senate hearing.
The Supreme Court discussion thread Quote
10-27-2020 , 01:41 PM
Quote:
Originally Posted by itshotinvegas
Right, the Senate exercised it's consent power
Actually they didn't - it's "advice and consent" and that would involve holding hearings.

Quote:
Originally Posted by itshotinvegas
Obama could have appointed a judge the Senate would approve, which likely would be a conservative judge
As we've been over, this is just an assertion you've invented because you're very low-information and refuse to ever read a ****ing book.
The Supreme Court discussion thread Quote
10-27-2020 , 02:24 PM
Quote:
Originally Posted by lagtight
In my opinion, Garland was entitled to a proper Senate hearing.

Also, in my opinion, Barrett was also entitled to a proper Senate hearing.
There should be a rule. If a nomination is made more than X number of days before an election, then the nominee must be put to a vote. And if a nomination cannot be made more than X days before the election, then the seat must remain open until after the election.
The Supreme Court discussion thread Quote
10-27-2020 , 02:48 PM
Quote:
Originally Posted by Rococo
There should be a rule. If a nomination is made more than X number of days before an election, then the nominee must be put to a vote. And if a nomination cannot be made more than X days before the election, then the seat must remain open until after the election.
The rule that you're proposing is just trying to paper over a system that was poorly designed. The advice and consent rule was made with the assumption that seats would be filled in a consistent rhyme. With the hardened polarization the system breaks down, the result being that the judiciary positions remain empty until a party holds both the Senate and the Presidency and then they all get filled. The end result being a dysfunctional judiciary while seats are whittled down and caseloads get loaded onto the remainder, and then a violent swing in the judiciary when one party gets to appoint a ton of judges en mass. It defeats the supposed purpose of a judiciary (and the law in general) of being a reliable set of rules that changes slowly.
The Supreme Court discussion thread Quote

      
m