Will Obama make a recess appointment to replace Scalia?[W:557]

[MTAtech]

Re: Will Obama make a recess appointment to replace Scalia?

why don't you explain how that is and tell us how he changed his legal analysis depending on the issue

It sounds like you are writing about Mitch McConnell, who when he was in law school, wrote a fine paper about how it was indeed legitimate for a president to make appointments to the Supreme Court and change the ideological balance.

Now, ole Mitch, doesn't think that's legitimate nor allowing the Senate to perform its advice and consent duty.

 

[Threegoofs]

Re: Will Obama make a recess appointment to replace Scalia?

Personally, I think both Republicans and Democrats, party leadership and otherwise have acted poorly in this situation. A little time to let Scalia's legacy be discussed and a state funeral held would have been nice, then back to the fighting. But considering it happened the morning of the Republican debate and considering how political President Obama is - no love lost between those - it's not surprising it exploded immediately.

And you say this after being shown Obama's entire statement, which was pretty non-political in nature!

Wow.

 

[CanadaJohn]

Re: Will Obama make a recess appointment to replace Scalia?

And you say this after being shown Obama's entire statement, which was pretty non-political in nature!

Wow.

I appreciate that the Obama sycophants see nothing political about Obama, his agenda, his persona, and even his statement you note.

I expect nothing better from you.

You expect, hell demand, that others criticize the Republicans and yet you're unwilling or unable to criticize Obama talking about the replacement process in his first words on the matter.

Priceless.

 

[MTAtech]

Re: Will Obama make a recess appointment to replace Scalia?

Still trying to push that nonsense, that you know is dishonest??

You know that Kennedy was Reagan's third choice, after that Democrat Senate you laud voted down his first two choices, Bork and Ginsberg, all of which were nominated and vetted in the year prior to the vote, not in the last year of Reagan's term of office. Nice try though.

Actually, that's not true. Robert Bork was turned down by the Senate but Douglas Ginsburg withdrew his name from consideration after admitting to marijuana use. The point still holds, nobody made the absurd claim that a president shouldn't nominate a SCOTUS justice within the last year of their presidency.

 

[MTAtech]

Re: Will Obama make a recess appointment to replace Scalia?

CanadaJohn[/B]]Personally, I think both Republicans and Democrats, party leadership and otherwise have acted poorly in this situation. A little time to let Scalia's legacy be discussed and a state funeral held would have been nice, then back to the fighting. But considering it happened the morning of the Republican debate and considering how political President Obama is - no love lost between those - it's not surprising it exploded immediately.

The only person politicizing this on the morning of Scalia's death was Mitch McConnell. President Obama was statesmanlike.

 

[CanadaJohn]

Re: Will Obama make a recess appointment to replace Scalia?

Actually, that's not true. Robert Bork was turned down by the Senate but Douglas Ginsburg withdrew his name from consideration after admitting to marijuana use. The point still holds, nobody made the absurd claim that a president shouldn't nominate a SCOTUS justice within the last year of their presidency.

The situations are not the same, and the Democrats in control of the Senate at any given time aren't the saints the left would like to paint them as. However, I've never said the President shouldn't put forward a nomination. I expect him to put forward an ideologically unacceptable one, which will help Republicans secure the White House and the Senate.

 

[CanadaJohn]

Re: Will Obama make a recess appointment to replace Scalia?

The only person politicizing this on the morning of Scalia's death was Mitch McConnell. President Obama was statesmanlike.

Spoken like a true liberal - Threegoofs is beaming now.

 

[Kobie]

Re: Will Obama make a recess appointment to replace Scalia?

Spoken like a true liberal - Threegoofs is beaming now.

Spoken like someone who isn't paying attention. Please link to where Obama has politicized Scalia's passing, and I'll happily provide the link of McConnell doing it.

McConnell throws down the gauntlet: No Scalia replacement under Obama - POLITICO

This was the day Scalia died.

 

[Cardinal]

Re: Will Obama make a recess appointment to replace Scalia?

Spoken like someone who isn't paying attention. Please link to where Obama has politicized Scalia's passing, and I'll happily provide the link of McConnell doing it.

McConnell throws down the gauntlet: No Scalia replacement under Obama - POLITICO

This was the day Scalia died.

Does anyone know for a fact that it was even after his body finished collapsing to the ground?

 

[Greenbeard]

Re: Will Obama make a recess appointment to replace Scalia?

Still trying to push that nonsense, that you know is dishonest??

You know that Kennedy was Reagan's third choice, after that Democrat Senate you laud voted down his first two choices, Bork and Ginsberg, all of which were nominated and vetted in the year prior to the vote, not in the last year of Reagan's term of office. Nice try though.

Are you still going with the made-up "nobody gets to nominate in an election year!" canard? Reagan getting an appointee confirmed in his final year isn't really essential to the story (obviously presidents can, do, and should fill vacancies in their final year), it's just particularly delicious given the lionization of Reagan. Not to mention the fact it was a Democratic Congress doing the honorable thing.

Supreme Court vacancies in presidential election years : SCOTUSblog

 

[JANFU]

Re: Will Obama make a recess appointment to replace Scalia?

Any tie decision the Supreme Court reaches while only 8 Justices sit can be deferred until such time as a 9th Justice is appointed - they don't have to and most likely will not issue tied decisions that leave their authority with a lower court.

There are a number of contentious issues on their calendar. I disagree that these cases will be set aside, as that implies the Court is dysfunctional.
My opinion, the court will proceed, may delay some cases, but will continue hearing and ruling on cases.

from 1987
Tie Vote - What Happens - NYTimes.com

WASHINGTON, Oct. 4— Given the pivotal position that Justice Lewis F. Powell Jr. occupied at the Supreme Court's ideological center, the Court may well be unable to resolve some significant issues until the vacancy created by his retirement is filled.

When Justice Powell missed 10 weeks and 56 oral arguments in early 1985 for health reasons, eight cases ended in 4-to-4 deadlocks and five others had to be reargued.

Past ties in SCOTUS rulings

http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1360&context=wmlr

 

[Threegoofs]

Re: Will Obama make a recess appointment to replace Scalia?

I appreciate that the Obama sycophants see nothing political about Obama, his agenda, his persona, and even his statement you note.

I expect nothing better from you.

You expect, hell demand, that others criticize the Republicans and yet you're unwilling or unable to criticize Obama talking about the replacement process in his first words on the matter.

Priceless.

McConnell within an hour of the announcement states:

“The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new President.”

The American people have already had a voice. They resoundingly elected Obama to a second term.

Contrast this to Obama, who inside a longer statement indicated that he will at some point nominate a successor (i.e. saying he will do his job) but specifically indicating that now is not the time to focus on that, out of respect for Scalia.

 

[CanadaJohn]

Re: Will Obama make a recess appointment to replace Scalia?

Spoken like someone who isn't paying attention. Please link to where Obama has politicized Scalia's passing, and I'll happily provide the link of McConnell doing it.

McConnell throws down the gauntlet: No Scalia replacement under Obama - POLITICO



This was the day Scalia died.

Obama's statement was the day he died and in it Obama referenced proceeding with his replacement - that politicized the statement.

As a long time defender of Obama in these pages, I appreciate you wouldn't see it the same way.

 

[Frank Apisa]

Re: Will Obama make a recess appointment to replace Scalia?

No question.

View attachment 67197118


If any party would be in favor of gun control, you would think it would be the Republicans

Great line, Guy. And great graphic to illustrate it.

I wish I thought it up!!!

 

[Kobie]

Re: Will Obama make a recess appointment to replace Scalia?

Obama's statement was the day he died and in it Obama referenced proceeding with his replacement - that politicized the statement.

As a long time defender of Obama in these pages, I appreciate you wouldn't see it the same way.

So even announcing his intention to do his job and nominate a successor is "politicizing it." Gotcha. :roll:

 

[Frank Apisa]

Re: Will Obama make a recess appointment to replace Scalia?

Obama's statement was the day he died and in it Obama referenced proceeding with his replacement - that politicized the statement.

As a long time defender of Obama in these pages, I appreciate you wouldn't see it the same way.

John...Kobie is right on this one.

C'mon. You are better than this.

 

[CanadaJohn]

Re: Will Obama make a recess appointment to replace Scalia?

Are you still going with the made-up "nobody gets to nominate in an election year!" canard? Reagan getting an appointee confirmed in his final year isn't really essential to the story (obviously presidents can, do, and should fill vacancies in their final year), it's just particularly delicious given the lionization of Reagan. Not to mention the fact it was a Democratic Congress doing the honorable thing.

Supreme Court vacancies in presidential election years : SCOTUSblog

Kennedy wasn't nominated in an election year, he was nominated the year before, after his first choice was "Borked".

There's a reason why being "Borked" is a famous term in the American lexicon.

Dishonesty doesn't play well for you.

 

[Greenbeard]

Re: Will Obama make a recess appointment to replace Scalia?

Kennedy wasn't nominated in an election year, he was nominated the year before, after his first choice was "Borked".

If Kennedy had been nominated 31 days later than he was, you would be arguing that his nomination was illegitimate?

 

[Threegoofs]

Re: Will Obama make a recess appointment to replace Scalia?

John...Kobie is right on this one.

C'mon. You are better than this.

I don't think he is.

He's restated his position several times, and when pressed, will even declare its 'the media's fault', as if McConnell's statement was something forced at gunpoint by Megyn Kelly.

It's quite obvious his blind spot is very wide.

 

[Threegoofs]

Re: Will Obama make a recess appointment to replace Scalia?

If Kennedy had been nominated 31 days later than he was, you would be arguing that his nomination was illegitimate?

He would argue 32 days, since New Years is a federal holiday.

Unless it was President Romney.

 

[CanadaJohn]

Re: Will Obama make a recess appointment to replace Scalia?

So even announcing his intention to do his job and nominate a successor is "politicizing it." Gotcha. :roll:

McConnell announced he was going to do his job, and you bleat about him but pass on Obama - gotcha - but then you've been a blatant apologist for Obama since I've joined this site.

 

[Greenbeard]

Re: Will Obama make a recess appointment to replace Scalia?

He would argue 32 days, since New Years is a federal holiday.

Unless it was President Romney.

I'm just trying to work out the details of this new made-up rule. Does Leap Day buy us anything here?

 

[Greenbeard]

Re: Will Obama make a recess appointment to replace Scalia?

McConnell announced he was going to do his job, and you bleat about him but pass on Obama - gotcha - but then you've been a blatant apologist for Obama since I've joined this site.

Correction: McConnell announced he was not going to do his job.

Which is why his partisan statement was so egregious.

 

[Kobie]

Re: Will Obama make a recess appointment to replace Scalia?

McConnell announced he was going to do his job, and you bleat about him but pass on Obama - gotcha - but then you've been a blatant apologist for Obama since I've joined this site.

McConnell's job is to unilaterally deny Obama a nominee for nearly a year? Maybe that's how it works in Canada, but not here.

 

[CanadaJohn]

Re: Will Obama make a recess appointment to replace Scalia?

John...Kobie is right on this one.

C'mon. You are better than this.

Nope - there was no need for Obama to say a word about the replacement process in that statement - he should have been speaking for the American people - not as a Democrat.