This really shows a flaw in our system that needs to be changed. While we definitely need a supreme court, it should not be a select few with lifetime appointments. I think a better idea would be to create a pool of judges from around the country and work it something like a jury pool. When a case or session starts the members are selected at random from the pool.
That is a horrid idea. You would have presidents trying to stack each session with as many appointments as you can, and then a constant political **** show of jockeying and trading confirmations. The life time appointment was added by the founders to create stability and continuity in a government that can be in constant flux with new representatives. In other words to buck treads and populism.
They why wait till now? why not two years ago when Obama could actually make an appointment that the senate would actually hear.
No clue I'm not a evil leader so not sure what the plans are and why things have happen like they have over the years but I know its happened before. We have no clue whats going on in this country or what plans they have ready to unfold. It was just a opinion there trail.
We could have a larger pool but not unlimited. We could have a mix of presidential appointments, as well as maybe each state providing their own appointments to the pool so no president could ever flood the pool with judges.
B/C there weren't any legacy-threatening decisions facing the court. He already had Obamacare and gay marriage in the bag. Roberts has actually been fairly consistent on 2A and executive overreach (immigration) I'm not yet ready to say there was foul play, but there are some things that bother me- No autopsy with no apparent cause of death? No USMS protection detail? BHO is in TV saying he will name an appointee w/in hours of the death? He can't even defer and say that out of respect for the family he will make an announcement on that process after Scalia is laid to rest? That's lower than i thought even he could go...
All about filling the seat started way before Obama opened his mouth about the issue. Here is his direct quote from the speech "Today is a time to remember Justice Scalia's legacy," Obama said. "I plan to fulfill my constitutional responsibilities to nominate a successor in due time — and there will be plenty of time for me to do so, and (for) the Senate to fulfill its responsibility to give that person a fair hearing and a timely vote." Obama added: "These are responsibilities that I take seriously as should everyone. They are bigger than any one party. They are about our democracy. They are about the institution to which Justice Scalia dedicated his professional life, to make sure it functions as the beacon of justice that our founders envisioned."
Didn't his physician determine the cause of death was a heart attack? His family requested there be no autopsy so his body could be returned to Virginia ASAP
If he had his way I am sure that is the type of appointment he would make. However I am sure he understand that his only possible appointment that could pass or even be heard would have to be a moderate.
Everything I've read says no physician personally examined him. Death "by natural causes" was declared by a JoP over the phone. Heart stoppage does not equate to a heart attack. I am reading that his family has requested no autopsy; however given his position and public interest, that request could be overruled.
Politically, he's better off nominating "his" pick and then spend the next 9 months screaming about Republican obstructionism. I can already hear the DNC talking points in the general election- "If you don't keep a Dem in the White House, and don't give us back control of the Senate, Republicans will ram through an extreeemist who will take us back to the dark ages of coat hanger back alley abortions, flood the streets with automatic weapons, end marriage equality, and take us back to Jim Crow by requiring voter ID. They will green light jack booted thugs to go door to door abducting poor undocumented migrants in the middle of the night." Blah. Blah. Blah. Ad nauseum.
That about sums up the talking points. But lets look at another scenario. that any senate republican would be an incumbent, it wouldn't be looked at the same way. thye will be worried. Furthermore they may have to conceded that they may not have a friendly face in the White House post election. If Obama nominates a centrist from the appellate court that they already voted in the affirmative it's going to a hard argument to not at least vote on the nomination. Even if the nomination gets stalled or voted down, you maybe looking at three nominations from a potential democratic president. I still say Obama nominates the likes Paul Watford or Kamala Harris and the dont even get a hearing. They he follows it up with someone like Jane Kelly that had past republican support, the Republicans cover their asses they are good at that) and pass the nomination and hold they don't get any back lash for their reelections.
Lol, I'll be surprised if Obama does anything moderate. He's so extremely radical that he can't even help himself at this point. I predict he'll nominate the most radical son of a ***** available and then scream at the injustice and unfairness of the republicans until the establishment R leaders cave in and approve the nomination.
I don't think they'll cave...but it may be enough noise to rouse the rabble to get out and vote D. They're not all that excited about their choices right now. But threaten their free health care, abortions, and claim Rs want to start putting people back into slavery, it might be enough to get out the D vote. Another brilliant lose-lose proposition for the GOP. And McConnell will sit in a corner wetting himself the whole time.
Okay, how about this for a scenario. The talking heads the other day were discussing a possible HRC presidency and that she could be expected to nominate 2-3 justices to the Supreme Court and that the possibility existed she would nominate the current President as a justice. Many thought it very plausible. Let's take this one step further, BHO nominates himself for the Supreme Court, gives way to Joe Biden which then runs for POTUS as an incumbent beating out HRC and Crazy Uncle Bernie and possibly retaining the WH. Just my flight into insanity.
Great read. No matter what side you're on.Why Was U.S. Supreme Court Justice Antonin Scalia So Influential? - The Atlantic
