Category Archives: supreme court

Scorched Earth Response to Filibuster Nuclear Option

scorched earth, nuclear option, filibuster

Senate Minority leader Mitch McConnell gave a “scorched earth” speech last week. Democrats have been threatening to end the filibuster which requires 60 votes to pass legislation. But McConnell said if they do that they’ll turn the Senate into a “100 car pile-up.” And nothing will get done:

Let me say this very clearly for all 99 of my colleagues: Nobody serving in this chamber can even begin — can even begin to imagine — what a completely scorched earth Senate would look like.

Mitch McConnell on the U.S. Senate floor

Senate rules require the consent of all its members to conduct business. So Republicans could easily grind the place to a halt. For example they could withhold consent to minor votes without quorum calls.

Harry Reid invoked the “nuclear option” in 2013 to kill the filibuster for approving most presidential appointments. But when the worm turned McConnell added Supreme Court nominees to Reid’s list and Trump landed three new justices.

Exponential Growth Supreme Court Packing

exponential growth, supreme court packing
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Exponential growth is great for your 401k but not so much for the U.S. Supreme Court. But that’s what we might expect if Joe Biden packs the court. Follow the link to Real Clear Politics for a real clear example.

No Penumbras or Emanations for Judge Barrett

Penumbras or emanations, judge amy coney barrett
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No penumbras or emanations for Judge Amy Coney Barrett. Just the facts of the constitution, ma’am:

A judge must apply the law as written. Judges are not policymakers, and they must be resolute in setting aside any policy views they may hold.

Amy Coney Barrett remarks after her SCOTU nomination by President Trump

She clerked for Justice Scalia but she’ll be filling Justice Ginsburg’s seat, if confirmed. While Judge Barrett shares Scalia’s conservative legal philosophy, she also admires the “warm and rich friendship” he shared with the liberal and Notorious RBG.

Nothing off the Table in Supreme Court Battle

nothing off the table, electoral college, filibuster, pack the supreme court

Pelosi’s quiver is full and nothing is off the table according to Chuck Schumer. We’re “going to the mattresses,” says Dan Henninger in the WSJ. Apparently that would include ending the electoral college, the filibuster and packing the Supreme Court.

 

Hypocrisy among Politicians over RBG Replacement

Hypocrisy, Politicians
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Hypocrisy in defense of virtue is no vice… or something like that.

Justice Antonin Scalia died in February 2016, ten months before the November presidential election.

So President Obama did his duty and nominated Merrick Garland to fill the opening. But Majority Leader Mitch McConnell refused to bring the nomination to the Senate floor for a vote.

Here’s what McConnell had to say about that:

“The American people may well elect a president who decides to nominate Judge Garland for Senate consideration,” McConnell said. “The next president may also nominate someone very different. Either way, our view is this: Give the people a voice.”

The already touchy Democrats weren’t happy.

Hypocrisy

But here’s what Senator Schumer had to say in 2007 when George W. Bush was president:

I will recommend to my colleagues that we should not confirm a Supreme Court nominee EXCEPT in extraordinary circumstances.”

And here’s what Schumer had to say when the Notorious RBG joined her good friend Nino in eternal rest:

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

Oh, and then there’s Lindsey Graham explaining in 2016 why Judge Garland shouldn’t be confirmed:

I want you to use my words against me. If there’s a Republican president in 2016 and a vacancy occurs in the last year of the first term, you can say Lindsey Graham said let’s let the next president, whoever it might be, make that nomination