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Justice Ruth Bader Ginsburg dead at 87

Valcazar

Just a bundle of fucking sunshine
Mar 27, 2014
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RIP. One of the greats.

So..... Trump rushes an appointment through the Senate to please his base and creates a huge Dem moderate voter backlash. A forced-through anti-abortion USSC appointment just before an election will force out millions of moderate voters into the Dem camp.

Or Trump sits on the appointment and pisses off his base.

In immediate political terms a tactical dilemma for the GOP. If an additional anti abortion justice is immediately appointed to the USSC, a long-term political and constitutional disaster for a country which is becoming more liberal on social issues and which will increasingly feel held to ransom by its conservative, religious minority.
There is no dilemma.
They all make noises like they are being wise and taking their time.
They campaign the fuck on the idea the court hangs in the balance.

Then they put Rao through the day after the election. It doesn't matter who wins.
Putting someone on before the election doesn't get you much, but after it is important, especially if you lose.

This is where I don't know enough of US politics, is there enough time for him to actually ram through a judge with the limited senate time left?
Or can he do it between the election and Biden being sworn in?
McConnel could do it tomorrow if Trump named someone.
Strategically, he will do it in between the election and the next inauguration (especially if Biden wins).

Trump is already planning to challenge the election results in court if he loses...If the GOP can stack the court with conservative justices before the election there is an excellent chance the SCOTUS will appoint him to a 2nd term.
It doesn't immediately go to SCOTUS though. If SCOTUS ties 4-4 the lower court holds and Trump already packed the lower courts with Federalist society people.
If the case looks like it will drag out, they just appoint someone after the election and make them the 5th winning vote. It isn't like anyone they would nominate would recuse themselves due to conflict of interest.

As someone linked above, the "usual" process would put the actual nominee on the court in the lame duck. They will hype it now but probably won't announce a name for a while since they have no rush to name one before election day.
 
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drc75

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Jan 9, 2017
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It was in fact a year before the election. McConnell insisted at the time that a Supreme Court appointment should not occur in an election year as the people need to have their voices heard prior to an appointment of such significance.

He has already made it clear that he has no intention of following his own precedent.
But four Repubs have come out in opposition, Lindsay Graham being one. One cited the "Obama" precedent....we'll see if any more have integrity.
 

basketcase

Well-known member
Dec 29, 2005
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And? Whats your point? Mitch is a hypocrite, so what. Not like Pelosi was hyping covid to be the Black Plague preaching about masks all the goddamn time. then she goes to a fucking hair salon (MASKLESS) for her regular blowout willy nilly.

Hypocrisy either matters, or it doesn't. The left has made it clear it doesn't.
Trying to compare a case where she may have been infected vs. a case where the supreme court is significantly changed is more than a bit weak.
 

Valcazar

Just a bundle of fucking sunshine
Mar 27, 2014
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But four Repubs have come out in opposition, Lindsay Graham being one. One cited the "Obama" precedent....we'll see if any more have integrity.
I see no evidence this is true.
I see 4 who have said they wouldn't do it before this happened.
I think Murkowski may have said something after RBG died, but I've seen nothing from anyone else.
 

kherg007

Well-known member
May 3, 2014
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Rules morals laws and ethics apply only to non republicans.
 

Butler1000

Well-known member
Oct 31, 2011
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I see no evidence this is true.
I see 4 who have said they wouldn't do it before this happened.
I think Murkowski may have said something after RBG died, but I've seen nothing from anyone else.
Collins is also against.
 

latinboy

Active member
Jan 22, 2011
746
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Between Clinton telling Joe Biden not to concede defeat under ANY circumstances, and many states sending mass (unsolicited) mail-in ballots allowing them to be counted up to a week AFTER November 3rd, the upcoming election is already slated to be a major shit show.

If ever there was a time for a full circuit of supreme court justices, that time IS NOW.

Were the scenario reversed, anyone who thinks the Dems would patiently wait until after the election... I've got the proverbial swampland for you :rolleyes:
 

Frankfooter

dangling member
Apr 10, 2015
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There is no dilemma.
They all make noises like they are being wise and taking their time.
They campaign the fuck on the idea the court hangs in the balance.

Then they put Rao through the day after the election. It doesn't matter who wins.
Putting someone on before the election doesn't get you much, but after it is important, especially if you lose.



McConnel could do it tomorrow if Trump named someone.
Strategically, he will do it in between the election and the next inauguration (especially if Biden wins).



It doesn't immediately go to SCOTUS though. If SCOTUS ties 4-4 the lower court holds and Trump already packed the lower courts with Federalist society people.
If the case looks like it will drag out, they just appoint someone after the election and make them the 5th winning vote. It isn't like anyone they would nominate would recuse themselves due to conflict of interest.

As someone linked above, the "usual" process would put the actual nominee on the court in the lame duck. They will hype it now but probably won't announce a name for a while since they have no rush to name one before election day.
But if Mitch slams it through, unless they can get the SC to rule that Trump is king forever, if Biden is elected and the dems have house and senate they can just add more SC judges.
There would be no reason not to add enough to give them the majority for years.
 

latinboy

Active member
Jan 22, 2011
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McConnell Statement on the Passing of Justice Ruth Bader Ginsburg


WASHINGTON, D.C. – U.S. Senate Majority Leader Mitch McConnell made the following statement on the passing of U.S. Supreme Court Justice Ruth Bader Ginsburg:

The Senate and the nation mourn the sudden passing of Justice Ruth Bader Ginsburg and the conclusion of her extraordinary American life.

Justice Ginsburg overcame one personal challenge and professional barrier after another. She climbed from a modest Brooklyn upbringing to a seat on our nation’s highest court and into the pages of American history. Justice Ginsburg was thoroughly dedicated to the legal profession and to her 27 years of service on the Supreme Court. Her intelligence and determination earned her respect and admiration throughout the legal world, and indeed throughout the entire nation, which now grieves alongside her family, friends, and colleagues.

***

In the last midterm election before Justice Scalia’s death in 2016, Americans elected a Republican Senate majority because we pledged to check and balance the last days of a lame-duck president’s second term. We kept our promise. Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year.

By contrast, Americans reelected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary. Once again, we will keep our promise.

President Trump’s nominee will receive a vote on the floor of the United States Senate.
 

latinboy

Active member
Jan 22, 2011
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Wrapping up a two hour campaign rally in Minnesota, POTUS was clearly upset and rattled to hear of Ginsburg's passing:


 

luvyeah

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Oct 24, 2018
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FB_IMG_1600487904292.jpg
 

Insidious Von

My head is my home
Sep 12, 2007
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I keep hearing reports that Justice Thomas opposed her at every turn, he must be gloating now.

She was a tough old board, she lived with aggressive pancreatic cancer for almost two years. Luciano Pavarotti barely made it through one. There is no other outcome to this lethal brutta bestia, but she lived to 87.

They showed her next to Hillary, she's tiny. I'm going to make time to watch the biopic about her starring Tom Hardy's ex-gf.

Stephen Root is in everything (Barry, Perry Mason)

 

decoy2673

Well-known member
Oct 31, 2010
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Trying to compare a case where she may have been infected vs. a case where the supreme court is significantly changed is more than a bit weak.
Lmao youre dense. Funny you mention the Supreme Court. Court, where they apply the law which relies on principles and precedence to decide their cases. Its the same line of rational, logical thinking.

Pelosi not wearing a mask = Precedent - it is ok to not mean what you say.

You can then apply that precedent to what Mcconnell said.
 

y2kmark

Class of 69...
May 19, 2002
18,614
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Lewiston, NY
There is going to be a big issue down here over who gets to nominate a replacement and when the candidate is considered by the US Senate. There is an important, recent precedent for waiting until after the election. This, of course, will mean Trump will rush a nomination. My gut says Barr or some other very reliable stooge within a week or two. BTW, it's reported that RBG made a dying wish that no successor be named until after the swearing in following the November election. SCOTUS members almost never make overtly political statements. Moscow Mitch is really going to be in the hot seat on this one....
 

jcpro

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Jan 31, 2014
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