Tag Archives: US Senate

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Justice Sandoval, anyone?

sandoval

You’ve got to hand it to the White House media machine.

It puts out a report that has Washington all a-flutter, even if it appears to be the longest of long shots.

Or is it?

Nevada Gov. Brian Sandoval is being considered for that coveted spot on the U.S. Supreme Court.

Two things about Sandoval make this a remarkable consideration.

One: He is a former U.S. district judge whom the Senate confirmed overwhelmingly.

Two: He is a Republican.

Sandoval being vetted

It’s the second part of Sandoval’s resume that is most intriguing.

GOP senators, led by Majority Leader Mitch McConnell, have said they won’t consider anyone for the spot that President Obama wants to fill to replace the late Justice Antonin Scalia.

But are they really and truly going to slam the door shut on one of their own Republicans, someone they’ve endorsed already for a lower court post?

Sandoval is reportedly a moderate Republican. That, of course, doesn’t fit the profile desired by so many of the hard-right senators who will have to vote on whomever the president selects.

The chatter already has suggested that the president is going to nominate a centrist. He’ll forgo an ideological battle in order to get someone seated.

Gov. Sandoval is a long way from being nominated, let alone being considered for the job.

It makes me wonder: Is the president trying to stick it in the ear of the folks with whom he’s been fighting throughout his entire presidency?

 

 

 

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It’s all about the court balance

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President Obama picked up the phone today and made a couple of important calls.

One of them went to Senate Majority Leader Mitch McConnell; the other went to Senate Judiciary Committee Chairman Charles Grassley. Both men are Republicans. The president is a Democrat.

The president informed the senators he intends to make a pick for the U.S. Supreme Court. And, according to White House press secretary Josh Earnest, Sens. McConnell and Grassley both voted in favor of President Reagan’s “lame duck” selection of Anthony Kennedy to join the court in 1988, which was just as much of an election year as 2016.

McConnell, though, says the current president should notpick the next justice. That task belongs to the next president, he said.

What has changed?

It’s the balance of the court. It means everything. Every single thing.

You see, the late Justice Antonin Scalia, the man Obama wants to replace, was a conservative stalwart on the court. The president is not a conservative; therefore, his appointee won’t echo the judicial philosophy of Justice Scalia.

The next justice — if he or she is approved by the current Senate before the end of this year — is likely to change the fundamental balance of the court, which has comprised a thin conservative majority.

Senate Republicans don’t want the court balance to change. They’ll do whatever they can to prevent the president from making the pick.

There’s just this one little issue that, by my way of thinking, should matter more than anything else. The Constitution grants the president the authority to make the appointment, which this president said he’s going to do. It also grants the Senate the authority to vote whether to approve or deny the appointment. It doesn’t require the Senate to act.

If the Republican-controlled Senate is going to stymie the president, then it faces a serious charge of obstruction. Senate Republicans keep denying the obstructionist label.

A failure, though, to act in a timely fashion on this appointment gives even the casual observer ample cause to suggest that, by golly, we have just witnessed a case of political obstruction.

If the president selects someone who is eminently qualified and who has a proven record of judicial moderation — which conservatives still will see a serious break with the conservative judicial record built by the late Justice Scalia — then shouldn’t the Senate give that nominee a fair hearing and a timely vote?

I would say “yes.” Without equivocation.

 

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Justice Biden? Maybe?

biden

I’ll toss a name out there for President Obama to consider for the vacancy on the U.S. Supreme Court.

Joseph Biden.

The vice president told Rachel Maddow last night that he has “no interest” in serving on the court. The MSNBC host had asked him directly if he’d consider the appointment if it were offered. He has “no interest.”

Is that a blanket, categorical refusal to serve? No. It isn’t. It means, more or less, the same thing as when a politician says he has “no intention of running” for a particular office.

“No intention” can be parsed to mean that “no intention … at this moment.” So, when a politician says he or she has “no interest” in a particular job, one can possibly suggest that the pol is speaking in the present tense.

Biden predicted that Obama will pick a centrist. He said the president won’t likely pick a flaming liberal jurist in the mold of William Brennan to fill the seat vacated by shocking death of archconservative Justice Antonin Scalia.

He’s also said that a nominee should have GOP support.

Hmmm. Let me think. Who might that be?

Oh, how about the vice president? He’s got many Republican friends in the Senate. He’s proven his ability to work well with GOP lawmakers. He once chaired the Senate Judiciary Committee.

My hunch is that he’d be more of a moderate than a flamer.

OK, he’s also pretty long in the tooth. He might not want to stay in the public eye. The vice president has had a long public service career — and he’s just lost his beloved son, Beau, to cancer. Not only that, the president has given him a task to lead the effort to find a cure for the killer disease.

However, as a fan of the vice president, I happen to think he might be one court candidate who could pass senatorial muster.

 

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Obama, GOP both spoiling for a fight to the finish

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founders

Here’s where we appear to be standing with regard to that vacancy on the U.S. Supreme Court.

President Obama said today he intends to select an “indisputably qualified” person to fill the seat vacated by the sudden death of Justice Antonin Scalia.

U.S. Senate Republicans say they intend to block anyone the president nominates.

Who’s on the right side? In my view, it’s not even close.

The president is right. GOP senators are wrong.

Indeed, it’s looking now as though that no matter who gets the call from the president that he or she is going to face a serious fight.

My hunch now is that Barack Obama welcomes the fight. Why? He will wage it from a position of strength.

He’s got the Constitution on his side.

This appointment could change the makeup of the court, which has a slim conservative majority among its members.

Right there is the crux of Republican obstructionism.

Justice Scalia was the shining light among the conservatives serving on the court. He led what’s been called a “conservative renaissance.” His brilliance was beyond question. So was his commitment to conservative principles.

President Obama has another year left in his term. Some have suggested that if Republicans were to get their way, they effectively would eliminate the fourth year of the president’s term. They oppose — on some made-up principle — the idea of a lame-duck president making an appointment to the Supreme Court. They want the next president to make the call.

Well, as Obama said today, those who claim to adhere to strict constitutional principles are creating them out of thin air. The Constitution says the president should nominate people to the federal bench and that the Senate should vote up or down on those nominations.

Both sides are spoiling for a fight. So, let’s have at it.

Barack Obama is set to throw the first punch when he nominates someone to the highest court in the land.

Go for it, Mr. President.

 

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Mitch McConnell: chief obstructionist

Supreme-Court-blue-sky

Mitch McConnell declared out loud and in public shortly after Barack Obama became president that his top priority would be to make Obama a “one-term president.”

His wish went unfulfilled when the president won re-election in November 2012.

Now that McConnell is the Senate majority leader, he’s made another pledge. He is going to oppose the president’s next appointment to the U.S. Supreme Court.

Does he know who the president will nominate? No. Does he have any inside information on Obama’s short list? Again, no.

But without the faintest idea who the president will select, the Senate’s leading Republican is going to obstruct the president. He vows to prevent the president from doing what the Constitution empowers him to do. For that matter, he and other Republicans are going to prevent the Senate from doing what the Constitution requires of that body.

Obama is going to nominate someone to replace the late Antonin Scalia on the U.S. Supreme Court. He’s entitled to put someone forward. The Senate also has the power to consent to the nomination.

There’s much that boggles the mind about the eruption that has occurred since Scalia’s untimely death. I cannot quite rank them in order, but McConnell’s declaration that he intends to block any nomination to be considered must rank near the top.

Yes, the stakes are huge. The president is a liberal/progressive politician who likely will select someone who is a good bit to the left of the man who led the Supreme Court’s conservative movement. Thus, Senate conservatives are vowing to protect their court majority — as best they can — by seeking to hold up this confirmation until after the November election. Their hope is that a Republican will win the presidency.

We have a president with one year left in his term. As they say, elections have consequences. A majority of Americans re-elected President Obama understanding full well how he would fill a vacancy on the highest court in the land if he was given the chance to do so.

He now has that chance.

Meanwhile, the nine-member high court has been reduced to eight members. The even split among the justices could produce some tie votes on key cases yet to be argued before the court.

This is not good governance.

 

 

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Unanimous picks loom as favorites for high court

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Politics rules on Capitol Hill. It swings both ways, influencing both political parties.

Consider what might be about to happen.

President Barack Obama, a Democrat in the final full year of his second term and final term, is likely to name someone to fill a vacancy created by the death of Supreme Court Justice Antonin Scalia.

The U.S. Constitution grants him the authority to do so. It also grants the Senate the authority to approve anyone nominated to the court.

The Senate is controlled by Republicans.

Democrats and Republicans don’t like each other much these days. Republicans really dislike the Democrat in the White House and the feeling appears to be quite mutual.

What’s the president going to do about this high court vacancy?

One theory getting kicked around in the hours and days after Scalia’s death is that the president could name an appellate judge who’s already been approved by the Senate. One name has emerged as a possible favorite, Judge Sri Srinivasen, an Indian-American who was approved unanimously the Senate before he took his federal appeals court seat.

He’s apparently thought of as a moderate. He doesn’t lean far left. He surely doesn’t lean far right. He shoots straight down the middle, according to a number of legal experts.

So, will this fellow breeze through the confirmation process as he did when the Senate considered him for a lower court?

OK. You can stop laughing.

Republicans are vowing to deny the president any action on a pending nomination. They want to wait until after the November presidential election in which they hope a Republican wins the White House.

Democrats will have none of that. They want the president to make a nomination and they want the Senate to vote on it. Quickly.

Why not select someone who’s already been vetted by the Senate? Would a judge like Sri Srinivasen be just as qualified to sit on the Supreme Court as he is on a lower court?

Well, in my version of a perfect world, it would seem like a natural for the president to find a moderate judge who’s already been approved. Except that he would be succeeding a towering figure of the judicial conservative movement.

Scalia led what has been called a “conservative renaissance” on the Supreme Court. Anyone — regardless of credentials, standing among peers or legal brilliance — is going to be run through a political sausage grinder.

Politics. Sometimes it’s downright ugly.

And sometimes it doesn’t serve the nation well.

 

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Get ready for the biggest fight of all

Supreme-Court-blue-sky

The fight over immigration?

Or the Affordable Care Act?

Or budget priorities?

How about gay marriage?

All of those battles between President Barack Obama and the U.S. Congress are going to pale in comparison to what’s coming up: the battle to find a suitable nominee to the U.S. Supreme Court.

Justice Antonin Scalia’s sudden and tragic death Saturday has caused political apoplexy in both sides of the divide in Washington.

Democrats want the president to nominate someone sooner rather than later. Republicans want the nomination to wait until after the election, with the hope that one of their own will occupy the White House beginning Jan. 20, 2017.

President Obama indicated last night he’s inclined to move forward, to nominate someone and to insist on a “timely vote.”

He is correct to insist that he be allowed to fulfill his constitutional responsibility and that the Senate fulfill its own duties.

One of the Republican candidates, Sen. Marco Rubio, said last night that no one has been appointed during an election year. He’s half-right. President Reagan appointed Anthony Kennedy to the high court in 1987; a Democratically controlled Senate confirmed him in 1988, which certainly was an election year.

Consider this, though: Justice Kennedy succeeded another GOP nominee, the late Justice Lewis Powell (picked by President Nixon). Kennedy’s appointment and confirmation did not fundamentally change the balance of the court.

This vacancy is different. By a lot.

Justice Scalia was a towering figure among the conservative majority that serves on the court. Whoever Obama selects surely will tilt to the left.

Therein lies the fight.

Senate Majority Leader Mitch McConnell, a Republican, said the vacancy should be filled after the election, adding that the “American people deserve a voice” in determining who sits on the court.

He could not be more off base. Yes, the voters deserve a voice. However, they spoke decisively about that in November 2012 when they re-elected Barack Obama as president.

Indeed, elections have consequences. There can arguably no greater consequence than determining who gets to select candidates to sit on the nation’s highest court.

The president — whoever he or she is — has a constitutional responsibility to act on a timely manner when these vacancies occur. Moreover, the Senate has an equal responsibility to vote up or down on anyone nominated by the president.

I’ve long believed in presidential prerogative — and my belief in that has never wavered regardless of the president’s party affiliation.

So, let’s mourn the death of a distinguished and, in the president’s words “consequential” justice. Then let us allow the president to do the job allowed by the Constitution and then let us demand that the Senate do its job by voting on whoever the president selects to fill this critical court vacancy.

 

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A major battle now looms

chapman.0830 - 08/29/05 - A Supreme Court headed by Supreme Court Justice Antonin Scalia has questions for Chapman University Law School professor John Eastman as he and California Attorney General Bill Lockyer argue the 1905 ''Lochner v. State of New York'' case during a re-enactment Monday afternoon at Chapman University. (Credit: Mark Avery/Orange County Register/ZUMA Press)
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Supreme Court Justice Antonin Scalia’s sudden death today has stunned the nation.

As President Obama said this evening, the 30-year member of the nation’s highest court was one of the “most consequential” legal minds of our time.

The president now faces arguably the “most consequential” appointment of his time in office.

To say that Justice Scalia’s passing upsets the ideological balance of the highest court would commit the supreme understatement.

And, oh yes, the partisan divide opened wide immediately upon news of Scalia’s death. Senate Majority Leader Mitch McConnell, a Republican, said the Senate should wait until after Barack Obama leaves office to vote on a replacement; meanwhile, Senate Minority Leader Harry Reid, a Democrat, wants the Senate to act quickly.

Who could have seen that coming?

The president said he’ll make the appointment “in due time.” He wants a thorough, fair hearing and a “timely vote.” As the president — lame duck nor not — Barack Obama deserves the chance to nominate someone of his choosing.

Indeed, the appointment coming from a left-of-center president to fill a vacancy created by the death of a right-of-center Supreme Court justice sets up a huge battle that likely will dwarf any of the many fights Barack Obama has waged already with the U.S. Senate.

The court’s narrow balance has just been shaken to its very foundation.

 

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Absence same as 'no' vote? No … it isn't

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I really do like having Ted Cruz in the U.S. Senate.

He offers so much grist for folks like me on which to comment.

The freshman Republican senator said this the other day about his absence on a vote that confirmed Loretta Lynch as the latest U.S. attorney general: “Absence is the equivalent of a ‘no’ vote.”

http://www.politico.com/story/2015/04/ted-cruz-loretta-lynch-no-vote-explanation-117528.html?hp=l2_4

There you have it. He missed the vote because he had a prior commitment to attend a fundraiser back home in Texas. Cruz had voted earlier on a motion to end a filibuster on Lynch’s nomination; he voted to keep the filibuster going.

The filibuster was broken, the vote took place, Lynch had the votes to win confirmation. So, what was the point of Cruz being there to cast his expected “no” vote on Lynch?

Well shoot, senator. It mattered because you didn’t put it on the record. It’s not part of the Senate’s official voting record.

I’m still uncertain precisely why Cruz disapproves so strongly of Lynch’s ascending to the office of attorney general, other than her support of President Obama’s executive order granting temporary amnesty to millions of illegal immigrants. I guess Cruz doesn’t much like the notion of an attorney general supporting the policies of the president who appoints her to the Cabinet, where everyone serves at the pleasure of the president of the United States.

That’s been the mantra of other senators who opposed Lynch, even those who said upon the announcement of her appointment that she is “highly qualified.” Some of those former supporters changed their mind when she declared her backing for the president’s action on immigration.

I think it’s strange. Then again, that’s just me.

What the heck. Sen. Cruz was entitled to attend the fundraiser. He’s running for president, after all. Let’s not assume, though, that this issue of non-voting on this confirmation — as well as other key votes he’s missed while campaigning for the White House — will disappear.

It’s the price a sitting member of Congress pays when he or she seeks the highest office in the land. Sens. Barack Obama and Hillary Clinton paid it when they ran in 2008. Sen. Cruz can expect the same thing in 2016.

 

 

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Now it's Sen. Graham thinking about '16 bid

Oh boy, I can hardly contain my enthusiasm for the upcoming presidential campaign.

The potential Republican field just got another name to ponder: Lindsey Graham, the senior U.S. senator from South Carolina.

http://www.politico.com/story/2015/01/lindsey-graham-2016-elections-south-carolina-114362.html

Why is this such an interesting development?

Graham is a noted conservative from a deeply conservative state. He and fellow Republican Sen. John McCain of Arizona take turns bashing the dickens out of President Obama, particularly on foreign policy — which is understandable, given that the domestic economy is starting to rock along. Heck, sometimes Graham and McCain are singing together.

However, Graham has had this annoying tendency — if you’re a Republican — to say nice things about some of the appointees the president puts forward to fill key administration posts. While many other GOP senators were slamming Loretta Lynch as the next attorney general, Graham said she’s a solid pick, highly qualified and he indicated his intentions to vote to confirm her when the time comes.

This is the kind of thing that’s going to make him a target among other GOP White House contenders when they line up to debate — if Graham decides to run, of course.

He’s a sharp lawyer. Remember when, as a member of the House, he managed the Republicans’ successful effort at impeaching President Clinton? Well, the Senate decided correctly to acquit the president of those “high crimes and misdemeanors.”

So, as he told “Meet the Press” today, he’s thinking seriously about a presidential bid. He told NBC’s Chuck Todd that he has “set up a testing-the-waters committee under the IRS code that will allow me to look beyond South Carolina as to whether or not a guy like Lindsey Graham has a viable path.”

Just one request, Sen. Graham, if you take the plunge: Stop referring to yourself in the third person.