Said Democratic Senator Sheldon Whitehouse, quoted in "Appeals Court Vacancy Is Under Scrutiny Ahead of Contested Confirmation Hearing/The chief judge of the U.S. Court of Appeals for the District of Columbia Circuit publicly advanced a call by a progressive group for an ethics investigation into the circumstances of a plum vacancy" (NYT).
Was McConnell "actively pushing judges to retire"? There's a link to this NYT article from March 16th: "McConnell Has a Request for Veteran Federal Judges: Please Quit/The Senate majority leader has encouraged judges thinking about stepping down to do so soon to ensure that Republicans confirm their replacements this year." But there are no quotes from McConnell, just material like this:
Running out of federal court vacancies to fill, Senate Republicans have been quietly making overtures to sitting Republican-nominated judges who are eligible to retire to urge them to step aside so they can be replaced while the party still holds the Senate and the White House. Senator Mitch McConnell... has been personally reaching out to judges to sound them out on their plans and assure them that they would have a worthy successor if they gave up their seats soon, according to multiple people with knowledge of his actions. It was not known how many judges were contacted or which of them Mr. McConnell had spoken to directly....I wouldn't call that "actively pushing judges to retire." And how could McConnell or anybody else "actively push" a federal judge to retire? By speaking in an especially pushy way? That wouldn't work! Is it unethical to tell a federal judge that you'll be able to expedite the confirmation of his successor? That seems to be what's going on here. McConnell's assurance that the vacancy will be quickly filled may tip the decisionmaking of a judge who doesn't want to create a vacancy that will still be around if Trump loses the election and/or the Senate majority shifts. That's not "actively pushing judges to retire." That's actively removing an obstacle in front of a judge who wants to retire.
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84 comments:
As though Democrats haven't been gaming the judicial system for decades.
So the same applies to Justice Ginsburg, correct?
And yet more fake news from the NYT. I would ask if they ever get tired of lying like Pravda, but I already know the answer.
I wonder if I can file a complaint against the chief judge who is carrying the Progs' water for them. Seems like he lacks judicial temperament.
Which is more worser: Retiring while one party is in power, or not retiring until the other party is in power?
We get “should retire” or “should hold on” talk about the Supreme Court all the time. Don’t Dems routinely hope RBG holds on? Lament she didn’t retire when Obama was president?
This is yet another case of liberals projecting their own less-than-savory agenda onto others.
Liberals and Democrats have been all over Justice Ginsburg for years, to retire when Obama was President, or hang in there despite health problems (cancer!) while Trump is President. It has been blatant, nothing subtle about it.
They are all just despicable and not worth wasting time or attention on except to know what evil they are working on, next.
Sauce for the goose.
The best thing about McConnell filling all of these vacancies? The positions are breeding grounds for Supreme Court nominees. Not only is he increasing the pool of conservative judges to be used as picks, he's reducing the number of activist judges.
If Justice Ginsburg had been wise enough to retire when Obama was still President and Democrats controlled the Senate, she could have been enjoying her twilight years instead of being on a "Weekend At Ruthie's" watch.
We don't need to have Majority Leader McConnell push such a coarse agenda. He's got bigger stuff to do.
Hey, Ruth Bader Ginsburg --you're 87 years old and have had an excellent judicial run. Please retire.
If Justice Ginsburg had been wise enough to retire when Obama was still President and Democrats controlled the Senate, she could have been enjoying her twilight years instead of being on a "Weekend At Ruthie's" watch.
Do Leftys hate their grandchildren?
Pelosi, Biden, Clinton, RBG, Sanders.... they should all be home playing with their grandchildren, giving another generation a chance to lead.
At first glance, this seems like a violation of judicial independence and maybe separation of powers, but, of course, you are right professor. McConnell is not pressuring judges to retire. He has nothing to pressure them with. And it can't be wrong to assure them that if they retire he will choose a successor they approve of.
Another fake scandal.
"That's actively removing an obstacle in front of a judge who wants to retire."
But it doesn't serve prog purposes, so "gaming" it is.
I think it's far more cruel to ask a superannuated person to stay at their job than to ask such a person to retire. Democrats should look into the depths of their soul and ask themselves if they are not placing an unfair burden on RBG.
"Mitch McConnell has been clear that his top priority is packing the courts with the judges his right-wing donors want...
Of course the democrats would never even *think* of picking judges their left-wing donors would want, would they? *eyeroll*
“Quietly making overtures “, overtures so quiet that I can only paraphrase them with the powers of imagination.
Thurgood Marshall was only 83 when he retired in 1991 but he had descended into senility long before that date.
Our Professor Althouse rhetorically asks:
And how could McConnell or anybody else "actively push" a federal judge to retire?
and i take her Seriously, and answer: a Horses Head, in the Bed, is the Traditional way
Serious Question:
What was the last thing that Democrats complained about Republicans doing, that Wasn't something that they themselves would do?
Fake news, to use as a bootstrap for an ethics investigation.
Sound familiar?
Steele's dossier to bootstrap the Russia investigation?
By Any Means Necessary in order to seize power!
They sure don't like it when you use their rules against them, do they?
Glad so many others mention RBG above (not RGBT as I typed at first, tho not unrelated).
I'm surprised Ann didn't anticipate these obvious double standard hypocrisy comments and answer them; usually she knows and notes how the Dems are hypocrites.
Even when she agrees with the Dem policies.
I like that about reading posts here.
Tho I'm more often a NewNew -- http://www.thenewneo.com/
Also usually fair, but much stronger ex-Dem conservative.
Sheldon Whitehouse is not an honest person.
Sheldon,
Cocaine Mitch ain't boofing around.
Now explain how all those articles about Ginsberg, either praising her stamina to outlast Trump’s term (Notorious RBG) or criticizing her for not giving Obama the opportunity, are ethical fair and oh so proper.
I hate when politicians politic.
It's not like McConnell told them to retire or they would pay the price.
I’ve always been under the impression that it’s reasonable for a SCOTUS justice to negotiate a bit on their retirement timing based on how they liked to be replaced. Whether right, wrong, or ethical, I’d say it simply happens. The President isn’t constitutionally restricted from that conversation and neither is the justice. If the SCOTUS wants to impose a rule on sitting judges that they can’t talk to the senate or the administration about their retirement or replacement preferences, then make the rule and see if it stands up. Otherwise, I may not like how these things are done but I don’t see any legal or ethical issues with it.
Sheldon Whitehouse is the Senate’s most accomplished — gasbag.
Sheldon Whitehouse is a loon. Recall his sad performance during the Kavanaugh hearings. And he's all in on the CAGW scam.
A little over one trimester, and NYT announces the color of their newly conceived baby, convalescent standby, but is she viable? Progress to the past.
Crimso:
Thanks for that. And I think Sen. Whitehouse signed that SCOTUS brief telling the Justices to watch their step. Or else!
"Was McConnell "actively pushing judges to retire"? There's a link to this NYT article from March 16th:"
I despise, detest, and distrust the NYT (the WaPoo too), and this is just ONE MORE REASON for me to do so.
Is it unethical to tell a federal judge that you'll be able to expedite the confirmation of his successor?
It wasn't Reid did it.
Is it unethical to tell someone NOT to retire so that certain people don't pick their replacements?
We said you wouldn't like the new rules. You didn't listen.
So tough shit, Sheldon.
It's another "Republican's Pounce" type article.
Gosh, I wonder where the term,fake news, came from?
"It was not known how many judges were contacted or which of them Mr. McConnell had spoken to directly...."
Well, at least they're honest in their mendacity.
But not so mendacious to not run the fake story.
according to multiple people with knowledge of his actions.
This could mean anyone who heard the rumor. Which now includes everyone.
Also, what are the odds something similar hasn't happened before with both parties? Why is this the first time a party called for an "investigation?"
It's always important to keep in mind the possibility that, yes, something questionable might have occurred, but a media outlet chose to cover it only when it aids progressives. That explains a lot of national political reporting.
I give the Times credit - using the phrase "publicly advanced" to describe Judge Srinivasan's recusal action is propaganda at its best.
Nice herd consensus on this civility bullshit situation. This is a little gem, this tidy corner of the Web. Nice work, fellow humans.
Shut the fuck up, Sheldon.
What's great is all the whining won't change the outcome.
Darrell said... Shut the fuck up, Sheldon.
The citizens of Rhode Island should be proud of their senator, especially after his vigorous questioning of Justice Kavanaugh over the word "boof" in his HS yearbook. It was something to behold.
Wise and intrepid men like Sheldon Whitehouse are the leaders that will allow our country to make a Great Leap Forward,.
Didn't the Dem's on the judiciary committee threaten SCOTUS if they ruled on the NY gun case. How is that not politics?
So Mitch McConnell is pulling not pushing. A distinction without a difference?
This is rich coming from the paper whose Supreme Court columnist generated what came to be called “The Greenhouse Effect”.
Dave Begley
Sheldon Whitehouse is a loon. Recall his sad performance during the Kavanaugh hearings. And he's all in on the CAGW scam.
It's been going on a lot longer like that for the good Senator from Rhode Island. The Paranoid Style and Senator Whitehouse.
As an example of his discombobulated thinking, Senator Whitehouse wants to get rid of the Electoral College, which favors small states like Rhode Island.
Do you support getting rid of the Electoral College in favor of a national popular vote?
“I’d love to get rid of the Electoral College, which has twice in recent years resulted in the election of a president who did not win the majority of the popular vote, and which causes Rhode Island to be overlooked for ‘battleground states,’” Whitehouse said. “Every state should be a battleground in a fair election.”
Cutting thru the typical leftist fog (leftism => Dem Politician => Media lackeys) is fun.
The Dems do not want RBG or Breyer to retire, unless Biden wins. If Biden wins, then please retire 1.21.21.
Does this apply to Ruth Bader Meinhof?
If we had a President (D) but there was doubt concerning the 2020 election, RBG would be receiving death threats from Schummer if she tried to hang on.
This is just one more iteration of the eternal scheme:
"When THEY do it, it's bad because it's THEM.
When WE do it, it's good because it's US!"
No matter which side does it (and both do), it's really tiresome.
"And how could McConnell or anybody else "actively push" a federal judge to retire?"
C'mon! Do you REALLY think the Asian Murder Wasps just HAPPENED to show up at this historic juncture? Pul-leez.
Whitehouse is the Democrat who Literally wanted to jail scientists who did not support the leftie agenda with 'science'.
The article sets off the deception early by redefining 'court packing'
I think I can fix this. From now on, McConnell will also urge progressive judges to retire this year. You're welcome.
If the Judiciary could plausibly be considered non-partisan, Whitehouse might have a point. It's obviously not though. Much of the time you can determine how a decision will be rendered based on the judge's politics, which is why judge appointments have been highly politicized for decades. The only plus the Republicans get is at least their judges seem more focused on the actual Constitution. If you want to go back to judges who are selected on pure merit and make decisions based solely on the Constitution and laws, I'm all for it, but that's not the world we have and that's not the world Senator Whitehouse would like either.
This complaint is not about norms or non-partisanship or corruption. This is whining that he is powerless to do it himself.
I'm so tired of all this Liberal two faced B.S. Man, look at this comment, "...right wing..." drips with such condescension - what an out-and-out propoganda piece. I lived in NYC in the late '60s thru the mid - '70s and the NY Times hadn't yet jumped the shark. That's because they had 'Abe Rosenthal' as editior-in-chief. The current imbecile, Dean Baquet, whose tenure pretty much describes the accelerating and continuing demise of a once great newspaper. Other poor editors-in-chief, where Jill Abramson (only lasted 3 years -'11-'14), Bill Keller -"Kellergate" ('03 - '11), and the infamous Howell Raines ('01 - '03), pretty much says it all about the newspaper's editors who along with Sulzberger, Jr., started the affirmation brand of news reporting.
When Democrats do it, it’s for your own good.
So Assoc Justice Ginsburg’s Capt Christopher Pike impression is...what? *BEEP*
EVERGREEN:
Thanks to all of you who encouraged me to consider filibuster reform. It had to be done.
— Harry Reid, Nov 21, 2013
.
Roughcoat said...
Thurgood Marshall was only 83 when he retired in 1991 but he had descended into senility long before that date.
For those old enough to remember, William O. Douglas was wheelchair bound as well both bladder and bowel incontinent for the last two years on the bench.
After Douglas retired, he still tried to participate in Court decisions, drafting briefs on various cases before the court.
Finally, the court drafted a letter signed by all nine sitting justices telling Douglas to go away.
Strange dude he was.
packing the courts with the judges his right-wing donors want
What kind of partisan hack bullshit is this? How dare a majority of the Senate approve of judges they approve of. During Obama's second term, it started getting around that people were wanting Ginsburg to retire so they could lock in her successor. She quite correctly informed them: "So tell me who the president could have nominated this spring that you would rather see on the court than me?"
There was no way a lawyer of Ginsburg's persuasion would have made it through the confirmation process. The democratic consensus has moved against Ruth Bader Ginsburg, but she'll hang on like grim death to resist it. She's a jurist to the bitter end.
But really, all we are seeing is "checks and balances" in effect. As the court system has acquired more power, it is natural that the other two branches would move to constrain it.
And how could McConnell or anybody else "actively push" a federal judge to retire?
"So, Justice, dems some nize grandkids yah got there. I'd be a real shame if sumthin' were to happen to 'em..."
I agree, "actively pushing" is a bit much. But if someone were to strap Sheldon Whitehouse into a wheelchair and position him where he might roll off a cliff, that would not be "actively pushing".
So we have a choice - nominating and approving judges versus the true court packing as last attempted by FDR?
Pretty obvious choice to me. But you know the Democrats really like the idea of court packing and fudge packing as well.
Sheldon Whitehouse. How far the WASPs have fallen. His father, Charles Whitehouse, was really the last generation of self-confident old world Anglo stock. His CV is a practically a cliche. Born in Paris, where his father was chargé d'affaires, service in the Pacific theater, Yale, a classic deep state career shuffling between the CIA and the State Department, and even joint master of hounds.
Well, it's the NYT and they're just pushing the (usual) narrative. All that's missing is a declaration by the SPLC that Judge Griffin and Sen. McConnell have formed a hate group. The demand for an investigation is silly, there being nothing to investigate -- for a long time, judges have been retiring or taking senior status with the same partisan considerations in mind. And please don't engage in whataboutism by noting that many in lefty-land urged RBG to resign at the end of Obama-time for the good of the Team.
If you get a chance, pull up today's Senate hearing with Congressman Ratcliffe up for ODNI Director.
You will laugh your a** off.
Every single dem was attacking Ratcliffe and trying to get him to promise not to politicize the intel agencies and NOT to have intel agencies conduct improper surveillance against political opponents AND.....(wait for it).....(wait for it).....commit to NOT changing out any personnel!
LOL
The dems and their republican deep state allies are simply guessing that Trump supporters in key roles would do exactly what the dems have been doing for about a decade now in terms of politicization of intel agencies and personnel.
Didn't Sheldon Whitehouse write a threatening letter to the Supreme Court?
Wisconsin Supreme Court holding hearings today on constitutionality of lockdown.
https://youtu.be/gFf-CMPzwiM
My opinion...
We need a constitutional amendment that forces Supreme Court justices to retire before their health or advanced years impair their performance. Many justices have retired from the Supreme Court and continued to serve on the U.S. Court of Appeals as senior appellate judges. This should no longer be just an option, it should be the rule (at least for the octogenarians).
I think Democrats should stop encouraging Ginsberg to soldier on. Why are they preventing her retirement so cruelly?
service in the Pacific theater, Yale, a classic deep state career shuffling between the CIA and the State Department,
That generation really believed in Noblesse Oblige. The British aristocracy lost a lot of their sons, second sons of course, at the Somme. Some of the OSS WASPs parachuted into France with SOE. Not the next generation, though. Not many went to Vietnam.
The ones that did were "chairborne warriors" in Saigon.
Blogger Crimso said...
It's not like McConnell told them to retire or they would pay the price.
5/5/20, 1:06 PM
First thing that came to mind. Mitch could take some lessons from the minority leader as to intimidating a judge.
"From the beginning of our history, Americans have loved beef. According to Harper’s Weekly, in 1864, the most common meal eaten in America was steak. With vast expanses of grass in the West, places like Texas became known for huge herds of cattle, including the legendary Texas Longhorn. Steakhouses began to appear in New York City in the middle of the 1800s where steak was served with potatoes and tankards of ale. The hankering for a delicious, beefy steak is still a powerful draw for most Americans today." - https://atlassteak.com/how-to-broil-flat-iron-steak-in-an-oven/
We'll all figure out which small-nosed tiny-eyed mammal we will call others we disagree with.
Oh yes, we certainly will.
Federal Blvd. in Denver wasn't a Mexican domination flag display this year.
But I've seen daycare centers with kids lollicking about for a while now. They don't give a f. They have owned these streets for decades. I am a recent interloper.
I know when I lost my mind: Joe Biden v. Paul Ryan.
To lose, and then become Speaker.
Anti-Trump to start. New paradigm now.
Achilles destroy any villages or is the real struggle to start?
Cunt Romney chose ultra-mega cuck Ryan.
All backed by tens of millions of proud proud proud Republicans.
This is very sad. All around, every way, this is very sad.
And right on cue, RBG is admitted to the hospital...
I've here at the Althouse blog linked unlimited Buckley before.
Because I believe it matters.
Nobody else has done it.
https://cumulus.hillsdale.edu/Buckley/
When they are against Republicans allegations and alligators are to be taken seriously.
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