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Topic: Replacing Supreme Court Judge Antonin Scalia (Read 11776 times)

Replacing Supreme Court Judge Antonin Scalia

Supreme Court Justice Antonin Gregory Scalia 
March 11, 1936 - February 13, 2016



Whether one had a positive or negative view regarding Justice Antonin Scalia's decisions while on the Supreme Court of the United States of America, Americans in this forum, as do Americans all across America, stand in respectful mourning at Judge Scalia's passing at the age of 79.

In the coming days there will be countless heated political debates, amongst not only Americans, but all those that have an opinion on who should succeed Judge Scalia, & how he or she should be picked, regarding the actual presidential nomination, selection, & Senate approval of Judge Scalia's eventual successor.


Article II, Section 2, Clause 2 of the United States Constitution states:  [The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint.......Judges of the Supreme Court, and all other Officers of the United States.........


Q:  What role(s) should the United States Senate play in considering Presidential nominees to the Supreme Court, & How should the Senate go about fulfilling it's Constitutional Obligations of "Advice & Consent" in this matter?

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The Senate rejected 27 (20%) of the 149 nominees to the Supreme Court made between the nation's founding and 2005.  The reasons for the rejections vary, and include incompetence, inexperience, and impropriety.  Most of the rejections, however, reflect in part, or even primarily, a difference between the President and the Senate over whether the nominated justice represents the right ideological choice.........
 

Source: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/senateconfirm.html

What Say You.........   
  • Last Edit: 2016-02-15, 00:54:41 by SmileyFaze

  • rjhowie
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #1
Well I was starting to get fed up with repeated news here about him on our different news programmes. indeed I double-checked to ensure that we were not another new star on the Stars and Stripes. US influence is getting ridiculous! And anyway considering he was a President Reagan man I groan.
"Quit you like men:be strong"

Re: Replacing Supreme Court Judge Antonin Scalia
Reply #2
I believe that the President, any President, has the right .....as stated in the Constitution.....to nominate someone to the Supreme Court, & we should all expect that this nominee will get deep scrutiny on all relative aspects of their lives, their history on the bench (if any), their experiences, & yes....their politics.


Personally I would hope that any nominee to the Supreme Court also, like Judge Scalia, have originalist  &  textualist  positions, not because we must replace like for like, but because we should embrace these values because they are right.

Interpretations of the Constitution should rely on on the original intentions of the founding fathers.....the principals they based their document on, & not on some new & modern interpretations, because their ideas might be considered 'old fashioned' or have somehow 'seen their day.'

To that end, IMHO, I feel that the Senate must strive to adhere to Judge Scalia's values when he is replaced, & not merely rubber stamp a presidential nomination because he is the President's choice.

Re: Replacing Supreme Court Judge Antonin Scalia
Reply #3
To that end, IMHO, I feel that the Senate must strive to adhere to Judge Scalia's values when he is replaced, & not merely rubber stamp a presidential nomination because he is the President's choice.

:lol: Let me guess that you're a Republican. :devil:

Re: Replacing Supreme Court Judge Antonin Scalia
Reply #4
And anyway considering he was a President Reagan man I groan.

Allow me to groan along with you.

Nobody will be selected until after the upcoming election.

http://www.pbs.org/newshour/episode/pbs-newshour-weekend-full-episode-feb-14-2016/

  • midnight raccoon
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #5
Considering his values of late have racism, homophobia and judical activism; let's hope his replacement doesn't share them. He should have been impeached long ago.
"What kind of man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter."
― Terry Pratchett, Going Postal

  • OakdaleFTL
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #6
Sang, you're delusional... And a thoroughgoing ideologue, to boot! :) What would he have been impeached for? Not being a Liberal/Progressive?
进行 ...
"Humor is emotional chaos remembered in tranquility." - James Thurber
No one listens to me as much as I do and even I have my limits...
"Science is the belief in the ignorance of experts!" - Richard Feynman

  • jax
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  • Global Moderator
Re: Replacing Supreme Court Judge Antonin Scalia
Reply #7

That clearly was a "the king[maker] is dead" event. You can spot a succession event by how the usual long-winded eulogies about the deceased's love of children and dogs are largely foregone for the more urgent matter of succession.

I liked Hillary Clinton's impromptu trolling of nominating Obama for Supreme Court Justice. It would probably be among the last candidates a President Clinton would pick, but for Candidate Clinton to "endorse" it was very House of Cards (the US version).


I find electoral processes intriguing. I have earlier compared the election to the (then 9, now 7 member) Politburo Standing Committee in China to a Papal election. It is more far fetched to compare the election of a Supreme Court Justice, there is no conclave, but the chance of white smoke seems slight.

  • rjhowie
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #8
I am in a matter of principle a wee bit concerned that there is a very long tradition of appointing "conservative" or "liberal" people to high positions in a legal system as per this thread. It seems an uneasy way of an important matter such as law and order, etc, rather than just experience.
"Quit you like men:be strong"

Re: Replacing Supreme Court Judge Antonin Scalia
Reply #9

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I am in a matter of principle a wee bit concerned that there is a very long tradition of appointing "conservative" or "liberal" people to high positions in a legal system as per this thread. It seems an uneasy way of an important matter such as law and order, etc, rather than just experience.

Behind the "conservative" and "liberal" tags there are issues and laws.

I know that you're not comfortable when "queers" are at issue. I recall your using that term.

Were you in a post where you had to rule on the continuing position of a gay man in a teaching position where young children were present, how might you rule?
==============
Remembering Scalia.
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"The death penalty? Give me a break. It's easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state."
  • Last Edit: 2016-02-15, 16:07:21 by Jimbro3738

  • Colonel Rebel
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #10

Well I was starting to get fed up with repeated news here about him on our different news programmes. indeed I double-checked to ensure that we were not another new star on the Stars and Stripes. US influence is getting ridiculous! And anyway considering he was a President Reagan man I groan.

You've been drafted into our cultural empire.




Regarding the SCOTUS business, I'd wager that Obama will nominate that Indian-American judge by next Wednesday. It is the ultimate political chess move. He is apparently a moderate (though as Bush 43 learned, when they get on the Court, they'll do as they please), who was confirmed 97-0 in 2013.

Mitch McConnell has of course, vowed to essentially filibuster until January 21, 2017, but party leaders will likely tell him to budge within 3 months of it.

I send my condolences to the Scalia family and am somewhat saddened to see a fellow American pass away.

However, I for one am glad to see the sole remaining legacy of The Great Pretender removed from the judicial process. I absolutely loathed his rampant Dominionism and judicial activism. Loved that he clearly revealed and articulated his various positions and the fire that came with them, but on some issues, I feel his votes have contributed to the decline of American prestige.

Re: Replacing Supreme Court Judge Antonin Scalia
Reply #11
Regarding the SCOTUS business, I'd wager that Obama will nominate that Indian-American judge by next Wednesday.

He should. It's funny to watch GOPers heads explode :lol: That person could well be the best qualified nominee in SCOTUS history, but the GOP will still rant about political correctness or some other idiocy because that's the stupid shit they do.
"What kind of man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter."
― Terry Pratchett, Going Postal

  • Macallan
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  • Administrator
Re: Replacing Supreme Court Judge Antonin Scalia
Reply #12

To that end, IMHO, I feel that the Senate must strive to adhere to Judge Scalia's values when he is replaced, & not merely rubber stamp a presidential nomination because he is the President's choice.

:lol: Let me guess that you're a Republican. :devil:

They'd have a collective freakout if he proposed to replace the broken coffee maker in the break room.

  • Macallan
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  • Administrator
Re: Replacing Supreme Court Judge Antonin Scalia
Reply #13

(though as Bush 43 learned, when they get on the Court, they'll do as they please)

That's the whole point of lifetime appointments. They should do their job without having to worry about the next election cycle, who they piss off etc.

  • OakdaleFTL
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #14
Are you referring to the three-fer: Indian, African American female? :)
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In 2012, she sent a letter to 100 mobile app developers asking them to comply with California law with respect to privacy issues. If any developer of an application that could be used by a Californian does not display a privacy policy statement when their application is installed they are breaking California law and could be fined $2,500 for every download. This law affects any developer anywhere in the world if their app is used by a Californian.
Kamila Harris is more ambitious than you know, Sang.

But perhaps your meant Srikanth Srinivasan?
进行 ...
"Humor is emotional chaos remembered in tranquility." - James Thurber
No one listens to me as much as I do and even I have my limits...
"Science is the belief in the ignorance of experts!" - Richard Feynman

  • Colonel Rebel
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #15

Are you referring to the three-fer: Indian, African American female? :)
Quote
In 2012, she sent a letter to 100 mobile app developers asking them to comply with California law with respect to privacy issues. If any developer of an application that could be used by a Californian does not display a privacy policy statement when their application is installed they are breaking California law and could be fined $2,500 for every download. This law affects any developer anywhere in the world if their app is used by a Californian.
Kamila Harris is more ambitious than you know, Sang.

But perhaps your meant Srikanth Srinivasan?

I meant S.S.  :yes:

  • OakdaleFTL
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #16
Sorry, for the mis-attribution...

I suspect President Obama will be disappointed, this time: The "precedent" for waiting until after the election are pretty well established.
进行 ...
"Humor is emotional chaos remembered in tranquility." - James Thurber
No one listens to me as much as I do and even I have my limits...
"Science is the belief in the ignorance of experts!" - Richard Feynman

  • rjhowie
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #17
Firstly jimbro,I was not in the kind of position on the city education corner regarding teachers. As a lay magistrate (unpaid) I ruled ruled on law not on the person's sexual matter. Not much of a strong point from you really as you studiously ignored my view on the tradition you DO have over there of  appointing judges on the 2 district traditions and these have been referred to time after time on the media so why do you studiously ignore that? Trying toi use my view on queers is a poor effort. Face the truth.
"Quit you like men:be strong"

  • OakdaleFTL
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #18
An interesting (...appalling, from my point of view) tactic the Obama administration may use -which might circumvent strong opposition in the Senate- is outlined here...
进行 ...
"Humor is emotional chaos remembered in tranquility." - James Thurber
No one listens to me as much as I do and even I have my limits...
"Science is the belief in the ignorance of experts!" - Richard Feynman

Re: Replacing Supreme Court Judge Antonin Scalia
Reply #19
In fact SCOTUS justices are appointed in a president's final year. The Senate Republicans are just trying to delay the appointment under the delusion that any of their boys won't get crushed by Bernie or Hillary in an electoral college landslide.

"What kind of man would put a known criminal in charge of a major branch of government? Apart from, say, the average voter."
― Terry Pratchett, Going Postal

  • jax
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  • Global Moderator
Re: Replacing Supreme Court Judge Antonin Scalia
Reply #20

Sorry, for the mis-attribution...

I suspect President Obama will be disappointed, this time: The "precedent" for waiting until after the election are pretty well established.
The statement I saw from lawyers pretty much within minutes of I learned he had died (see my succession comments), that the "rule" is last six months of term.

  • OakdaleFTL
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #21
Yes, jax. But the Democrats changed it, decades ago...
The most devious tack I've seen is this:
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If I was advising the Pres., I would advise him to nominate Cruz, because I think that a Trump/Rubio vs. Hillary is a contest the Democrats can win (not that Cruz is such [a] scary opponent, it's just that this way the GOP is locked into nominating Trump.) By taking Cruz out of the running, I would sacrifice one Supreme Court seat but I would gain another four (maybe 8 years) in the Oval Office, which will mean appointing more Supreme Court Justices.
(This was a comment at the Volokh site...) A further one was:
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Take a look at what ideological Senate Republicans may be guarding against, and you might see possibilities Democrats ought to consider. One question is, why announce the shut-down of the confirmation process, instead of letting it go forward and rejecting the nominee?

A possibility Republicans may fear is that if they vet a nominee to fill the Scalia vacancy, Breyer and Ginsburg might choose to resign immediately, creating two more vacancies for Obama to fill. How might that play out politically?

Suppose Obama nominated 3 centrists, all to the right of Kagan and Sotomayor. But he chose them for judicial temperament, and freedom from ideological attachments--nominees with no discernible connection to either Democratic Party ideology, or to movement conservatism. And suppose those nominees were all young, 50 years old, give or take. Maybe an Hispanic, an Asian-American, and a white protestant. 

If the pendency of those nominees became a huge focus in the upcoming political campaign--and why would it not--how could movement conservatives respond? By mumbling, and trying to run out the clock? While Democratic presidential candidates and senate candidates trumpeted in support of Obama's moderation, and praised his statesmanlike attempt to put partisanship aside? Democrats could campaign to heal the polarization in Washington--making claims which would reap credibility in proportion to the outsized political gesture such appointments would signal. 

In political terms, that would create an existential threat for movement conservatism. It could deprive the right wing, not just for now, but for decades, of the Supreme Court oxygen it has been angling for, and needs to survive. If Obama and the Democrats could pull it off, they might succeed in recasting Washington politics in a less contentious mold. 

A moment of that sort may be hovering near. Seems like it might be worth pondering how to make it happen. Some alliance among less-ideological Ds and Rs, maybe?


The quote "If Obama and the Democrats could pull it off, they might succeed in recasting Washington politics in a less contentious mold" strikes me as absurd! But I take it seriously, because that's how the Left works...

jax, have you any insights you'd like to share? :)
  • Last Edit: 2016-02-17, 23:16:06 by OakdaleFTL
进行 ...
"Humor is emotional chaos remembered in tranquility." - James Thurber
No one listens to me as much as I do and even I have my limits...
"Science is the belief in the ignorance of experts!" - Richard Feynman

  • jax
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  • Global Moderator
Re: Replacing Supreme Court Judge Antonin Scalia
Reply #22
Given that Obama has 11 months left that should leave several months of political theatre. Obamas promise of taking his time should add to that. I find it unlikely any candidate or president won't have a very short shortlist. Had they only had the same diligence for ambassadors...

  • Belfrager
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #23
I read that Obama can nominate himself....
Or even better, to trade his future nomination for his support to the next president, meaning the Hillary woman to nominate him when she's president.
It seems that both options would be not seen for the first time.

What a circus.
A matter of attitude.

  • Colonel Rebel
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #24

I read that Obama can nominate himself....
Or even better, to trade his future nomination for his support to the next president, meaning the Hillary woman to nominate him when she's president.
It seems that both options would be not seen for the first time.

What a circus.

Plot twist: he could even nominate Joe Biden.   :insane: :eyes: