I was so sure there would be no retirement announcement today. I think the Justices cling to the bench until Death calls for a vacancy. But no. Kennedy retires, and he retires in time for Trump to nominate someone who can be confirmed before the next election works its will on the Senate.
I was away from the blog — driving 100+ miles — but that did give me the opportunity to listen to the cable news channels (via satellite radio) far more than I'd ever put up with them if I were home and in a position to read and write. TV news is such as waste of time. Kennedy was the swing vote, and lawyers fine-tuned their arguments for him. I heard that over and over, with virtually no critical opinion about whether it was bad to have years of key Supreme Court decisions determined by the quirks of one human mind.
But that wasn't the main topic. The main topic — over and over again — was whether the Democratic Senators had any chance to delay the vote on the nominee until after the 2018 elections, which might give Democrats a majority in the Senate. I didn't hear anyone talking about whether a post-election vote on the nominee would help the Democratic Party win the Senate majority.
I think it would not. Voters tend to agree with the GOP's idea of what makes a good Justice — basically, judicial restraint. I don't think it will help Democrats in the elections to be saying give us the majority so we can block Trump's nominee (who will be a specific person, with great credentials, and an originalist, nonactivist judicial philosophy). They'll be better off if the vote has already happened and they can forefront other issues.
Some people may think it's so important to prevent Trump from nailing down a strong conservative majority on the Court, but Democrats would need to win the Senate majority to gain the power to thwart Trump's plan, and this issue hurts them. Anyway, that's something they can soothe themselves with if they fail to delay the confirmation vote, which they almost certainly will.
But maybe you're distracted by the question why did Althouse drive 100+ miles? I'm doing something that will disgust some of you! Actually, I'm doing 3 things, and nearly everyone will be disgusted by at least one of them.
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" Actually, I'm doing 3 things, and nearly everyone will be disgusted by at least one of them."
There is no shame in wearing shorts to a cockfight.
McConnell, Schumer reminds us, fought hard and got a delay... "Our Republican colleagues in the Senate should follow the rule they set in 2016 not to consider a Supreme Court justice in an election year." I'd have thought an election of the president is different than a midterm election year, but...maybe not. We liked it then, should we like a delay now? I don't!
Schumer added, in his "how to make friends and influence enemies" way, that "The Senate should reject anyone who will instinctively side with powerful special interests over the interests of average Americans.”
Of course, that was just a (very) cheap MIDTERM AD he hoped people to hear and react to, wasn't it!
>>not to consider a Supreme Court justice in an election yea
Every other year is an election year for the Senate.
"I didn't hear anyone talking about whether a post-election vote on the nominee would help the Democratic Party win the Senate majority.
I think it would not."
I think it might because some of the Dems that are up and highly vulnerable, including our own Baldwin, Manchin, and others are not going to relish having to block a nomination through their vote. It could turn off swing voters as you surmise, and their wacky base will go ape shit and perhaps not turn-out in as great of numbers.
Terminating an unwanted pregnancy before America goes the way of The Handmaiden's Tale?
Sorry, needed something worthy of today's freakout.
Question for Althouse and commenters: Of all the judges on Trump's list, who do you like most, who do you think has the best chance of being chosen, and why?
I was surprised that Jeffrey Sutton (6th Circuit) is not on Trump's list.
My daydream: Trump chooses an Asian-American, so that he and Republicans can call the Democrats anti-Asian racists.
^ The same reason they want to kick the can down the road on immigration.
Actually, I'm doing 3 things, and nearly everyone will be disgusted by at least one of them.
You farted?
They'll be better off if the vote has already happened and they can forefront other issues.
They have no other issues. Have you heard any other issues from the leftists on this blog ?
The only other issue besides (In addition to) Trump is the border. There they are hysterical on an issue that the public pretty much is against them.
The local paper here in Tucson just had a guest column on the border issue full of lies.
See for yourself.
This is what newspapers put out. It makes me think o the "Murray Gell Mann Amnesia Effect."
We had teacher demonstrations in Tucson a month ago. The teachers are unhappy. A third of Tucson school children are ESL students.
If I could wave a magic wand Gail Heriot would replace Kennedy, and there would be some justice in that, given his departure from the principles that got him there in the first place. Heriot is solid.
So some people will be disgusted by some of the things and other people will be disgusted by the other things. Will there be overlap, or is this more evidence of the fracturing of civility?
Actually, I'm doing 3 things, and nearly everyone will be disgusted by at least one of them.
You're having colonoscopy done while listening to "Dreams From My Father" read by Kathy Griffin?
Gee! Nobody on that list is from the 9th Circuit! :-)
Okay, I'll bite: WHAT?????
I'm betting that President Trump will nominate Michael Cohen.
Actually, I'm doing 3 things, and nearly everyone will be disgusted by at least one of them."
Listening to Bill Maher in your car;
then Eating Frog Legs;
Then Throwing up.
Senate Democrats are going to ask a lot of questions about abortion, gay rights and Citizens United. With how much the media takes sides these days, it just may work to get out the vote.
One thing I've always been intrigued by is that Donald Trump's sister is a federal judge. Has anyone opined on whether she might have sub rosa impact on the selection? For example, is she in a district of one of the named possibles, and if so has she public disagreements?
Something that would disgust me?
At least two out of three?
I know. You are getting gay married to a black woman.
Voters tend to agree with the GOP's idea of what makes a good Justice — basically, judicial restraint.
Someone here made me aware of the book "The Great Revolt - Inside the Populist Coalition Reshaping American Politics" (Salena Zito/Brad Todd 2018). It profiled the counties that turned from blue to red and put Trump over the top on electoral votes. A recurring "tilt" factor that caused people to reluctantly vote for Trump was the Supreme Court appointments that he would make.
Four of Trump's campaign promises were ranked in order of importance: Bringing back manufacturing jobs to America (34%); Protecting Medicare & Social Security (30%); Putting conservative justices on the Supreme Court (28%); Building a wall on our border with Mexico (7%).
So, let the Democrats run on the promise to keep Trump from appointing another conservative justice. Might help in 2020.
I posted about this earlier today, but this could be another "winning" strategy when Trump attends the Foxconn groundbreaking tomorrow in Mount Pleasant, Wisconsin: Liberal Activists Prepare To Stop Foxconn “Any Way We Can” - The coalition features a “diverse group” of liberals, “with a core team made up of landowners and residents of Mount Pleasant, Racine and Kenosha; students and youth leaders; environmentalists; civil rights advocates; interfaith communities; transportation advocates; public school teachers; UW professors; union workers; farmers; and indigenous leaders.
Kenosha County was one of the counties featured in the book.
You went to the annual tent revival, vaginal steaming clinic and prairie dog shoot up at Rib Lake?
What a day. Metaphorically, it's like standing on the battlements of Minas Tirith and feeling the wind change to blow out of the West, and hearing the horns of Rohan blowing on the Pelennor Fields.
Take that, Witch King.
Hope the ringbearer is making progress toward Mt. Doom. Much hard fighting remains.
"Horns, horns, horns, in dark Mindolluin's sides they dimly echoed. Great horns of the north wildly blowing. Rohan had come at last.”
What disgusting things would one have to drive 100+ miles for, considering the many opportunities for disgusting behaviour that Madison offers ? Does Spring Green have a disgusting side ?
Saving a wholly innocent human life, a fetus, an offspring, a baby, from Planning, before progressive transhumanism debases human life for convenience.
I'm available. Could use the benefits.
I dreamed once that I was elected as an Episcopal bishop. It was a great job: I wasn't a priest, hadn't even been to seminary, but immediately all the best people invited me to their cocktail parties, thought I was smarter, kinder, wiser than they did before and laughed at my jokes.
Putting me in SCOTUS would be just like that, except I did go to law school and actually practiced law for 41 years.
How many clerks do I get?
Call me.
@Michael Sylwester, the only potential nominee less likely than Michael Cohen is James Comey.
I like a comment from another thread:
Trump should nominate Hillary. Why? Just so the Senate can vote "NO" on her. It is fun to watch Hillary lose.
”I didn't hear anyone talking about whether a post-election vote on the nominee would help the Democratic Party win the Senate majority.
I think it would not. ”
I think it would help the Republicans get people to the polls after watching the candidate get slimed for months.
But it would be playing with fire.
”Actually, I'm doing 3 things, and nearly everyone will be disgusted by at least one of them."
I have a pretty high disgust threshold.
Mark this comment. GOP holds the House and gets 60 in the Senate. Trump wins 40 states.
Today I saw a clip of the insane Hillary complaining - again! - about the Electoral College. Lady, it’s in the Constitution. The rules of the game.
Something disgusting?
You ate raw oysters?
The Senate is already headed to an increase in R seats. I think any major disruptions by the Left, in Congress or the press/agitators (but I repeat myself) will only increase the gain.
Something disgusting?
You had a colonoscopy? The only thing disgusting about it is the prep.
I don't think it will help Democrats in the elections to be saying give us the majority so we can block Trump's nominee (who will be a specific person, with great credentials, and an originalist, nonactivist judicial philosophy).
I can't speak about Baldwin or Tester or Nelson or Heitkamp or Donnelly, but I live close enough to the West Virginia line to have a feeling about Manchin. I'm sure he absolutely wants there to be no nomination fight when people go to the polls this November. He'd have to say that he will keep an open mind and vote his conscience, but I can see the NRSC ad right now:
Unflattering image of Joe Manchin, narrator says Joe Manchin tells us that on the nomination of (whoever it is) he will keep an open
Yes, Joe, we know that you are not a Democrat puppet for your party's leadership
Clip of Joe rising to applaud at the State of the Union, receiving glares from Chuck Schumer and other left-wing Democrat senators, and quickly sitting down.
Mich more important that any SC nomination is the three disgusting things.
I can readily picture all six of the Democrat senators I listed above losing this fall, and maybe one or two besides. And Flake will be replaced by McSally, who will be a more solid vote for a Trump nominee, and McCain may also be gone.
@Michael Sylwester, or did you mean some other Michael Cohen?
Actually, I'm doing 3 things, and nearly everyone will be disgusted by at least one of them.
Noodling?
As to Joe Manchin, here is what Don Surber thinks.
"However, Kennedy's retirement allows Manchin a chance to redeem himself in the eyes of the electorate. President Trump will select a successor who needs 50 votes in the Senate; Vice President Mike Pence would break any tie.
Manchin can be one of those 50 votes.
Given the likelihood of a no vote by one of the RINOs in the Senate -- Flake, Corker, and McCain -- Manchin's vote would matter."
http://donsurber.blogspot.com/2018/06/supreme-court-vacancy-could-re-elect.html#more
Almost forgot McCaskill.
Althouse could never disgust anyone, she is too pristine and perfect.
As for the conservative shift on the SCOTUS, I would say this:
Abortion: Roe v. Wade has always been an illegitimate decision. The Constitution is silent on abortion. The people should decide (by voting) whether to permit abortion. In my state (California), the people will probably permit abortion. In Mississippi, probably not.
So, I look forward to overturning Roe, which Kennedy should have done 30 years ago in the Casey decision.
Gay marriage : Obergfell. Same discussion. If the people want to expand the definition of marriage to include same sex, they can do this, but it should be done by voting. This one is thornier because of "full faith and credit" issues among the several states, but Obergfell should be overturned too.
This will temporarily send the Left into a massive spiral down, but it shouldn't. They will win many votes on both these issues, and stop using the Courts to win their battles for them.
Finally, I would suggest Paul Clement to fill Kennedy's seat.
Disgusting things always come in three's.
“McCain may also be gone.”
Current plan seems to be to replace him with his wife, who appears even squiser than John McCain III has been.
I was always surprised that Ruth Fuzzy didn't retire while Obama was prez.
”Actually, I'm doing 3 things, and nearly everyone will be disgusted by at least one of them."
Those of us who grew up butchering pigs, birthing calves and cleaning barns may be somewhat immune to disgust.
Democrats will do a remake "Weekend at Bernie's" for the rest of Trump's term if RBG kicks the bucket.
Actually, I'm doing 3 things, and nearly everyone will be disgusted by at least one of them.
I'm sure one of them has something to do with Bob Dylan. But how long will we be held in suspense?
I've worn shorts to a cockfight. And eaten dog the same day.
why did Althouse drive 100+ miles?
Well, it is 101 miles from Madison to Mount Pleasant, WI.
Meadehouse video coverage of the Sousaphones Against Hate performance tomorrow?
Biden Rule!
Biden Rule!
No new Justice in an Election year.
“It is a president's constitutional right to nominate a Supreme Court justice, and it is the Senate's constitutional right to act as a check on a president and withhold its consent.The American people are perfectly capable of having their say on this issue, so let's give them a voice. Let's let the American people decide.”
Mitch McConnel on the nomination of Merrick Garland.
I'm disgusted already.
The new appointee, whovever he/she might be, might be a proponent of judicial restraint, but we will soon learn many disturbing things about their private life and past decisions. Many people will wonder how this degenerate is allowed to walk the streets much less sit on the Supreme Court.
3 things that are disgusting?
Spill.
Buwaya admits: I've worn shorts to a cockfight. And eaten dog the same day.
I used to work with a Thai woman whose husband was arrested for cock fighting near the Seattle area. He didn't know it was not legal here and apparently raised fighting cocks for a living. His wife was a research scientist.
Biden's rule - look it up Inger.
Inga so you want the Supreme Court to have a vacant seat for 2 years?
Professora is wearing shorts and MAGA hat.
What happens in the back room of a biker bar stays in the back room of a biker bar.
John Yoo of Berkeley, the bete noir of the Bush admin "enhanced interrogation" brouhaha would be good, for the purpose of throwing a cat among the pigeons.
You drove to Michigan to encourage LLR Chuck?
"You had a colonoscopy? The only thing disgusting about it is the prep"
But the breakfast afterwards is glorious.
"Inga said...
“It is a president's constitutional right to nominate a Supreme Court justice, and it is the Senate's constitutional right to act as a check on a president and withhold its consent.The American people are perfectly capable of having their say on this issue, so let's give them a voice. Let's let the American people decide.”
Mitch McConnel on the nomination of Merrick Garland."
So what's your point? Everything that McConnell said holds. The President (Trump) has the right to nominate, and he will, and the Senate will provide consent or not.
You really are stupid. But goddamn you can cut and paste.
You don't have to drive 100+ miles to eat sardines.
Ginsburg or Breyer is next!!! MAGA!!
Maybe in a year or two one of these two step down (or both!!! Double daily win!!)
MAGA!!!
"I drove over a hundred miles to kick a dog, eat sardines, and swim in a cow pond."
No!
”I was always surprised that Ruth Fuzzy didn't retire while Obama was prez.”
Hillary was a lock. But, yeah, I bet she’s kicking herself now. She can never retire.
Let's let the American people decide.”
They did. President Donald Trump.
If this vacancy came about in 2020, you'd have a point.
But it isn't. And you don't.
Ah but MSNBC and CNN will be rockin' and rollin' tonight. Now being of the rightward persuasion, I usually watch Fox News if I watch at all. (A little of TV news goes a long way).
But tonight I'll turn to MSNBC with a couple of nods at CNN. The opportunity to watch lefty heads explode (while sipping on a nice gin and tonic--it's hot here in Southern California today) is entertainment of a high order. Earlier this afternoon I saw Jennifer Rubin of the Washington Post (looking like a rather uptight school marm from the 1930's) earnestly tell a lady on MSNBC that it was vitally important that any potential Supreme Court Justice hold views on abortion identical to those of the retiring Justice that he or she was replacing.
Hmm I thought---how did that work before Roe v Wade was decided?
Ah well, the rambling clown show (on both sides of the aisle) goes on.
Inga: "Mitch McConnel on the nomination of Merrick Garland."
"Elections have consequences"
"I won"
Harry Reid changes filibuster rules for judges.
The Biden Rule
Looks like the lefties dont like the New Rules.
Unexpectedly.
Inga: The people did decide. Do we have to have an election before each SCOTUS vacancy?
What if Trump puts up two names, one for the lineup and one for the bench/reserve.
A Justice delayed is a Justice denied.
100+ miles ... something in Chicago?
Disgusting ... Something Obama-related? Putting ketchup on a hot dog?
Hmmm three things, one of which will disgust me....uh, you got a tattoo? You really late-term aborted one of your children. ..uh you drank good bourbon with coke?
I bet she’s kicking herself now. She can never retire.
Good news - the bench is good for napping.
"whether the Democratic Senators had any chance to delay the vote"
Probably not. Thanks, Harry! Mitch done warned you, din't he?
Kick a dog? Freeman Hunt, I never thought you could imagine let alone type that
Crossing state lines, while wearing a pantsuit, eating Canadian cheese, and waving the PP standard.
Nominate Judge Brett Kavanaugh today, keep Congress in session until we have a confirmation.
She went to Rockville with the Wisconsin democratic party
frogs legs... in shorts
Apologies to regular readers, but since Althouse mentions radio coverage, I thought I'd repost my NPR report from another thread:
And what does NPR lead with to announce his retirement? You guessed it: Citizens United!
Decided by a "narrow" 5-4 majority, Nina said -- twice!
None of the other cases where he was #5, let's see, Obergefell?, were "narrow" 5-4 majorities.
She signs off: "end of the world as we know it."
And there you have it, National Palestinian Radio on the events of the day. "Unbiased," said the promo!
Dining alone and a little lonely in Bastrop. Sorry
Shopping for shorts for Mead?
Crossing state lines, while wearing your cat in a hat, eating Mexican cheese, to rent a womb in Chicago.
You're attending the Trump rally, but before you do so, you're putting a PP bumper sticker on your car.
Nominate Mike Lee today, keep Congress in session until we have a confirmation.
Oh, and you're having liver and onions for dinner.
Not one single thank you for Cocaine Mitch, without whom none of this would be possible. Come on Trumplicans, show a little gratitude.
Wait 100 miles from Madison. ..in late June...she bought non-local sweetcorn, cheese from New York and shudder fireworks in Minnesota
The left's reaction is insane.
I'm thinking about how angry Ritmo must be about this. Absolutely livid.
(Exiled laughs as she pours herself a margarita and heads out to the deck to enjoy what remains of this beautiful, beautiful day.)
I'd go with Amy Coney Barrett.
@Bruce Hayden, yes, I am aware. But once he’s deceased Governor Ducey can do anything he wants. If a living McCain can campaign on repealing Obamacare but then doublecross his constituents, then the governor of those constituents can doublecross McCain’s corpse.
Amy Coney Barrett is only 46 years old too.
Blogger buwaya puti said...
John Yoo of Berkeley, the bete noir of the Bush admin "enhanced interrogation" brouhaha would be good, for the purpose of throwing a cat among the pigeons.
And he fulfills the Asian space ! Inspired.
I was thinking of the Supreme Court Chief (CA) but I don't know if she is conservative enough.
Deukmejian nominated her.
And thanks for a laugh.
Blogger exiledonmainstreet said...
I'm thinking about how angry Ritmo must be about this. Absolutely livid.
You mean in addition to the standard rage level of 10/10 ?
For those who can drive 100 miles to Irvine, CA, the law school on July 9 is hosting a panel on the Supreme Court term. Should be interesting.
"This year's panelists are: Erwin Chemerinsky, Dean and Jesse H. Choper Distinguished Professor of Law, Berkeley Law; Hon. Goodwin Liu, Associate Justice, California Supreme Court; Erin E. Murphy, Partner, Kirkland & Ellis LLP; Prof. Alexandra Natapoff, UCI Law; Nina Totenberg, NPR Legal Affairs Correspondent; moderated by Prof. Rick Hasen, UCI Law".
You can register on law school site.
"You mean in addition to the standard rage level of 10/10 ?"
He's 15-10 now.
I was wondering how McCain would stab Trump in the Back on this.
Difficult, since McCain has spent his entire career stating "The President gets his pick on the SCOTUS".
But then I got it. He'll vote against, saying the Republicans should have waited till AFTER the 2018 elections to nominate, because then the American people will have a voice..etc. etc.
So he'll get to stab Trump and conservatives, while sounding noble and bi-partisan.
No such thing as Biden's Rule. There is ever only one rule:
Thems that got the votes, rule.
I read some were revisiting whether Senate Dems could have done more to push through Garland. To me a waste of energy. More interesting would be to revisit failing to take the Senate in 2016. Missouri, Indiana, Wisconsin, Pennsylvania. . . . But I guess if enough votes there had gone the other way the Presidential result would have been different too.
Challenge acceptoed!
1 Visiting Chicago
2 deep dish pizza Chicago style
3 heterosexual copulation with your husband
Just remember. If you'd voted the way, Mitt Romney, George Bush, Goldberg, Lowry, Will, Erickson, and Kristol had wanted...
We'd have President Hillary, a 5-4 liberal SCOTUS -with Liberal Justice #6 on deck.
RB Ginsberg must be distraught. What might have been....
Buwaya: "I've worn shorts to a cock fight"
Did you win?
;)
@exiled, I thought about the Trump rally, but it’s something like a 17 hour round trip to/from Fargo and way over 100 miles. If there was an event featuring Barack Obama in Chicago or Milwaukee today she’d go to it, but there’s nothing I can find in Google about an event like that.
Personally, I think the Biden rule, that is no confirmation when the opposite party controls the Senate in a POTUS election year, is a sound one.
Given their importance, let the new President decide.
But of course, the Democrats never pay any attention to ANY rule or tradition that hurts them. They only use it to sucker nice guy R's and Independents into supporting their position.
I know over the last 20 years the Liberals have flip-flopped over the filibuster, so many times its made people dizzy. Basically whenever the D's control the senate the NY Op-ed page thunders about the "people's will being thwarted by arcane Senate rules" and then when the D's are a minority, the filibuster suddenly becomes "the bulwark of the Republic" and avoids "The tyranny of the majority".
Fargo is the perfect location to capture an audience of western Minnesota voters...a nice bookend to the earlier MN rally.
"But of course, the Democrats never pay any attention to ANY rule or tradition that hurts them. They only use it to sucker nice guy R's and Independents into supporting their position."
How dare you speak ill of our countrymen in this way?!
I can hear George Will and LLR Chuck "tsk tsk-ing" from here.
You people are what is disgusting with all of these obscene guesses about Althouse's disgusting behavior.
Obviously it's that Paltrow thing with the jade eggs.
Hmm, Racine is 105 miles from Madison and Trump is there. Or did you mean 100+ miles round trip?
Buwaya: "I've worn shorts to a cock fight"
The jokes write themselves.
I wouldn’t drive over 100miles to do something I found disgusting. I just feel that I’m the only one who would want to do all 3 things.
Obviously it's that Paltrow thing with the jade eggs.
We heard a couple of days ago the cool kids are using potatoes--particularly Sweet Potatoes.
”Hmm, Racine is 105 miles from Madison and Trump is there.”
Isn’t that tomorrow?
I love it when people mention Mike Lee as a possible candidate, no effing way, particularly when his vote is needed. But his brother also happens to be on Trump's list of nominees and he has a better resume than Sen. Lee. Their father was a solicitor general under Reagan and he, at least at one point, had argued a ridiculous number of cases at the Supreme Court. If you recall, this was John Roberts' claim to fame prior to becoming a federal appeals court judge.
But there's another minor factor at play -- Tom Lee is a Mormon and Jeff Flake undoubtedly knows the Lee family in some capacity (Rex Lee was born in the same sparsely populated part of Arizona as Jeff Flake). I don't personally think Jeff Flake will actually vote against a qualified, conservative candidate regardless -- it's unlikely that nominating Tom Lee would be necessary to get Flake's vote.
Still not tired of winning? Trump's rally in one of the directional Dakotas starts in fifteen minutes. It's live streamed on utube. If I were him I'd whip out my junk and wave it at the Dems.
> Isn’t that tomorrow?
Oh, you're right, my bad.
@chuck, why is Trump in Racine?
You're driving to Des Moines to see Hamilton and on the way back are purchasing a hog which Mead is going to slaughter to lay away ham and bacon to ensure a food stock for when the civil war starts, given that if MeadeHouse becomes a target of the Madison MinuteIncels you may need to barricade yourselves in for a long siege.
Foxconn groundbreaking.
@Big Mike
"President Donald Trump is coming to Wisconsin to officiate at Thursday's ceremonial groundbreaking for the massive Foxconn Technology Group project in Racine County — and to put his personal stamp on his vision of an American manufacturing revival."
You will have a new justice before the court reconvenes in October.
Wow. Just bought a Weller Antique 107 proof and an Elmer T Lee. Best day ever.
Kagan was confirmed in August 2010, just before that year’s midterms. Biden Rule is only about presidential election years.
Last I saw, the betting markets had Brett Kavanaugh as the most likely pick. The pros is that he has already been on the DC circuit for 12 years. The downside is that he is connected to the Starr investigation of Clinton....or maybe that isn't a downside?
Trump shouldn't take more than a week to put up the nominee.
"You will have a new justice before the court reconvenes in October."
I'd be shocked if it happened that soon. That means a 4/4 court for a while.
The rage over what might have been for the left. They'd have a solid 6-3 majority on the Court for a long time going into the fall if only they had taken care of business and managed to win the presidency and the Senate as they were widely expected to do in 2016.
The vacancy now is lose-lose for the Democrats. The issue isn't likely to help them a win a Senate seat in any of the 8 states where Republican Senate seats are up for election this year, and is likely to hurt them defending seats in Indiana, Missouri, Montana, North Dakota, and West Virginia if they obstruct due to the partisan leanings of those states. Democrats already shot their filibuster play on Gorsuch, and it would take near-unanimity to block the appointment.
Even if they do manage to block whomever Trump picks, Trump is unlikely to throw in the towel and nominate someone like Kennedy the Democrats will accept. He'll just keep picking names from his list of 25, leave the seat unfilled, and bash Democrats for their obstruction all the way to 2020. The "wait for the next election" idea might work if this was 2020, but ordinary voters aren't likely to buy that the country can't have a new Supreme Court justice for nearly 3 years because they don't buy into the whole Trump being more evil than certain German dictators hysteria.
Nope. The Professor and DJT are the two people who could never disgust me no matter what they did. Go ahead and shoot someone on Madison Avenue. That won't work. It's a Scots-Irish thing
Just reading more about Kavanaugh- I hadn't remembered that he was left hanging for 3 years before getting confirmed in 2006. Also, he clerked for Kennedy at one point.
The main plus I see is this, though- he isn't an unknown like, say, David Souter was.
@chuck, and no doubt to highlight Democrat opposition to bringing good-paying jobs to the United States en passant.
Rabel,
A four four court for the Summer isn't a big deal, I think, but this does raise a question- is Kennedy really out as of today, or is his resignation post-dated?
I think I just saw Michael J. Lindell, the my pillow guy at the Trump Rally.
Buwaya: you have a way with words. And (as others have done) I am struck by the weight and color and tone of your wonderful declaration: "I've worn shorts to a cockfight. And eaten dog the same day."
It begs to be set to rhyme and made part of a noble verse. I am not worthy but I hope you will do something with it.
6/27/18, 5:44 PM
”The rage over what might have been for the left.”
Couldn’t be happening to a nicer bunch.
Is this going to be like what Billie Joe McCallister and that girl threw of the Tallahatchie Bridge?
Yeah, these last 20 months have left me with a serious schadenfreude addiction.
The retirement is effective July 31.
If the Democrats had just listened to their voters. Bernie would be filling these vacancies. We would all be crying in our beer today.
”- is Kennedy really out as of today, or is his resignation post-dated?”
July 31.
When do they pick cases for next year?
Bernie would be filling these vacancies
In Hell.
Mr. "Honeymoon in the Soviet Union" would have won fifty counties.
Well, I never said you would vote for him.
Trump is hanging Maxine Waters around the necks of the democrats. Don Surber asks why they play a game against Trump they can't win?
”Trump is hanging Maxine Waters around the necks of the democrats. Don Surber asks why they play a game against Trump they can't win?”
They’re driven by hate. I mean, they really are.
I'm thinking it will be Amul Thapar. Having the left attack a qualified Asian trying to get onto a Court made up exclusively of Yale and Harvard graduates is just going to be too tempting for DT (AT went to Boalt). I can just smell the discrimination tweets and the left really does seem to dislike east Asians. What a glorious day for Mitch McConnell - I am enjoying the revenge memes!
Trump is hanging Maxine Waters around the necks of the democrats.
This sentence is racist somehow.
"Buwaya: "I've worn shorts to a cock fight"
Did you win?
;) "
Always!
You drove to Milwaukee for a Brewers game and had a brat?
Bernie Sanders would've lost to Trump.
Even worse then Hillary.
Even the Never Trumpers would've opposed him.
He's a nut and a radical. And he was some BIG Skeletons in his closet.
Not to mention, Blacks and Hispanics would not have turned out for him.
”You drove to Milwaukee for a Brewers game and had a brat?”
Not disgusting.
Schumer added ... that "The Senate should reject anyone who will instinctively side with powerful special interests over the interests of average Americans.”
You mean someone who would side with a huge and well-funded gay rights lobby over a modest owner of a small cake shop?
Not to me either Mike but perhaps to an America hating, vegan that has a driving phobia :) which could describe a few of the librul haters here.
A four four court for the Summer isn't a big deal, I think, but this does raise a question- is Kennedy really out as of today, or is his resignation post-dated?
Maybe that's what he meant with "Senior Status."
A threesome with Maxine Waters and President Trump?
I like to tease my leftists friends and family by always pointing out that if the DNC hadn't cheated to make Hilary win, Bernie would be president now. We'd have amnesty, left wing SC and Medicare for All by now.
They really hate that.
You're campaigning for a democrat.
Assisting in an impacted bowel operation.
You're going to eat your boogers.
You're going to eat Meades boogers!
You're attending a gay wedding.(Not particularly disgusting to me).
You've decided you want to be a guy for awhile.
You have a very bad yeast infection.
You've developed a taste for human flesh.
You're going to reopen the abandoned American Motors plant in Kenosha.
You've decided to become a crack whore.
Going to ogle men in shorts.
Toxdoc, you ever go to Billy’s Pit BBQ? I think they have great bbq. The only thing worth the trip to Austin.
Traveling. Ick.
Disgustibus non dispudenum est.
You're going to a Bob Dylan concert where men are wearing shorts on your way to a safari and... garnering something.
You drove 100+ miles to Prarie du Chien to demand the removal and destruction of the Jefferson Davis statue.
@OriginalMike: I honestly don’t think it’s hate driving the Dems, though I don’t blame anyone for saying that after all the accusations they have leveled at non-haters on the right. I think it is more a combination of habit and disbelief. I believe I recall a study showing that when a rat is conditioned to receiving rewards for pressing a lever (especially at random intervals), and then the rewards are discontinued, the rat still goes on pressing the lever for quite some time, perhaps with even more vigor, still expecting the payoff that will not come. That seems more descriptive of the current state of the domestic left to me.
If the Dems were smart they would let their at risk senators vote for the nominee.
That seems more descriptive of the current state of the domestic left to me.
Sorry but I think it is hate.
It's as if your daughter came home, like in "Guess Who's Coming to Dinner" but it was a Muslim man with full on jihadi attitude.
I remember a movie from long ago called "One, Two, Three" where a executive (Jimmy Cagney) has his daughter come home with a communist (Horst Buchholz.) They cannot get over the horror.
Cyrus at 7:12
Well said.
The person happiest about this? Chief Justice John Roberts. He becomes the swing vote now on most 5-4 decisions. This means that he gets an opportunity to shape the court and define his legacy. He gets a chance to truly make this the "Roberts Court" in a way that Rehnquist never could.
You braved the crowds at Summerfest, ate a corn dog and drank a wine cooler.
Nah, not disgusting.
Disgusting can be a strong word. I can see someone saying "I did something you will find really irritating" or "dumb" but disgust is a pretty high bar to set. Driving 100 miles to do the following may fit the bill, and also seem a little weird:
- did you pull down a plaque at an old little visited POW graveyard, cause some smalltown mayor wanted to make a statement?
- did you purposefully go to laugh at someone in person, whom fate brought low, whether it was deserved or not? (Scorn is a sin of Pride)
- did you get a chance to drive Bob Dylan to Iowa, but Bob said you have to make up some lie to Meade, cause this was supposed to be the day you were going to the new coffeeshop, and Bob wanted to hear what lie you were going to use, so he could incorporate it into some 14 minute song, and that was just too good a chance to pass up.
Trump said he will stick to his list. Here it is:
1. Amy Coney Barrett of Indiana, U.S. Court of Appeals for the Seventh Circuit
2. Keith Blackwell of Georgia, Supreme Court of Georgia
3. Charles Canady of Florida, Supreme Court of Florida
4. Steven Colloton of Iowa, U.S. Court of Appeals for the Eighth Circuit
5. Allison Eid of Colorado, U.S. Court of Appeals for the Tenth Circuit
6. Britt Grant of Georgia, Supreme Court of Georgia
7. Raymond Gruender of Missouri, U.S. Court of Appeals for the Eighth Circuit
8. Thomas Hardiman of Pennsylvania, U.S. Court of Appeals for the Third Circuit
9. Brett Kavanaugh of Maryland, U.S. Court of Appeals for the District of Columbia Circuit
10. Raymond Kethledge of Michigan, U.S. Court of Appeals for the Sixth Circuit
11. Joan Larsen of Michigan, U.S. Court of Appeals for the Sixth Circuit
12. Mike Lee of Utah, U.S. senator
13. Thomas Lee of Utah, Supreme Court of Utah
14. Edward Mansfield of Iowa, Supreme Court of Iowa
15. Federico Moreno of Florida, U.S. District Court for the Southern District of Florida
16. Kevin Newsom of Alabama, U.S. Court of Appeals for the Eleventh Circuit
17. William Pryor of Alabama, U.S. Court of Appeals for the Eleventh Circuit
18. Margaret Ryan of Virginia, U.S. Court of Appeals for the Armed Forces
19. David Stras of Minnesota, U.S. Court of Appeals for the Eighth Circuit
20. Diane Sykes of Wisconsin, U.S. Court of Appeals for the Seventh Circuit
21. Amul Thapar of Kentucky, U.S. Court of Appeals for the Sixth Circuit
22. Timothy Tymkovich of Colorado, U.S. Court of Appeals for the Tenth Circuit
23. Robert Young of Michigan, Supreme Court of Michigan (Ret.)
24. Don Willett of Texas, Supreme Court of Texas
25. Patrick Wyrick of Oklahoma, Supreme Court of Oklahoma
Hope it was a good day!
All quiet on the leftward front here just now. Don’t worry, they’ll crawl out of their bunkers soon enough.
Fo what it's worth, I like raw oysters on the half shell and sardines on crackers. The latter can be attributed to my half Norwegian heritage, the former to the time I lived in Boston in the late 70's.
The third disgusting thing about me is that I like SCOTUS nominees who primarily focus on interpreting the constitution and avoid political bias. I think that Neil Gorsuch is an excellent exemplar. I started to develop more positive feelings about DJT after he nominated Gorsuch.
"Actually, I'm doing 3 things, and nearly everyone will be disgusted by at least one of them."
"Will be". Unless you worded that wrongly, which I know you never do, it means we will be finding out about from some source at some time (or at least one of the with an ick factor that guarantees to disgust nearly everyone). Spill it. Now or later, you are bound by your words. It had better be juicy.
Francisco D said...
For what it's worth, I like raw oysters on the half shell and sardines on crackers."
Me too!
Lots of great candidates out there. Others have already mentioned Kavanaugh and Barrett. Judge Raymond Kethledge of the 6th Circuit would be good, as would Jugge David Stras of the 8th Circuit (a former Thomas clerk who is a strong textualist and just 42!).
I also humbly offer my services, Mr. President . . . "Justice Mr. Majestyk." Has a certain ring to it, does it not?
20. Diane Sykes of Wisconsin, U.S. Court of Appeals for the Seventh Circuit
Picking Sykes would utterly destroy the never Trumpers. But he shouldn’t be so petty.
I'd expect President Trump to nominate whoever who would be considered a reliable vote when needed, damn all else. The Dems will be fighting Trump tooth and nail for 3-7 more years. He'll need it.
What impact could the election have? Regardless of the vote, the Republicans will still have 51 seat majority until January. They will still control the House too, regardless of the voting outcome
They have to have RBG wrapped in bubble wrap with an emergency doc standing by at this point.
I'd love to respond to buwaya's straight line, but that cock is probably long retired, and I don't want to make some chickens*** comment.
I like raw oysters, too. I had some last week in California at a great place called "The Blue Water Grill."
It's in Redondo Beach. Good seafood.
I'm a little suspicious of seafood in Tucson.
I’ve been wondering what happened to Meg Ryan.
"Fo what it's worth, I like raw oysters on the half shell and sardines on crackers."
I like oysters, but the one time I tried a sardine, it was back out of my mouth before I'd even consciously registered that I didn't like it. I like most all foods but not sardines.
I like oysters, but the one time I tried a sardine, it was back out of my mouth before I'd even consciously registered that I didn't like it. I like most all foods but not sardines."
I admit, I like the skinless, boneless ones more.
"Picking Sykes would utterly destroy the never Trumpers. But he shouldn’t be so petty."
She's a solid conservative and an excellent judge, so it wouldn't just be a spite pick.
But the money appears to be on Brett Kavanaugh.
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