Tag Archives: Antonin Scalia

GOP’s amnesia surely must be cured

I cannot believe a Republican U.S. senator from Pennsylvania actually said this. But he did.

“We did not inflict this kind of obstructionism on President Obama.”

That came from Patrick Toomey.

It takes my breath away. I might need some smelling salts before I get done with this blog post.

Oh … yes you did, senator!

I get that Donald Trump’s selection of Neil Gorsuch as the next Supreme Court justice has angered Democrats. I also get that the president is entitled to nominate someone of his choosing.

What I do not get is the crass, brassy and classless argument from Senate Republicans — namely Sen. Toomey — that they didn’t obstruct President Barack Obama’s efforts to govern.

Good grief, dude! You made it your top priority!

The hands-down example of obstruction occurred after Antonin Scalia died suddenly while vacationing nearly a year ago in Texas. The Supreme Court justice’s corpse was still warm when Senate Majority Leader Mitch McConnell declared that the Senate GOP would block anyone selected by the then-president to succeed Scalia.

President Obama unveiled Merrick Garland as his nominee to the Supreme Court. McConnell held firm on his pledge. He blocked the nomination. He obstructed the president from fulfilling his constitutional duty to nominate a candidate for a federal judgeship.

Then, as if he had forgotten what he had done, McConnell accused the president and Senate Democrats of “playing politics.”

Are you bleeping kidding me, Mr. Majority Leader?

So here we are. Another president has picked another judge to the highest court. Democrats are furious at the treatment an earlier nominee got from their Republican colleagues.

And Republicans now are saying out loud — and apparently without a hint of shame — that, by golly, they didn’t obstruct a president from the opposing party.

They need treatment for their selective amnesia.

Next up: Supreme Court nomination

U.S. Senate Minority Leader Chuck Schumer has thrown down the gauntlet: He is prepared to fight to keep the vacancy on the U.S. Supreme Court unfilled for the next year, maybe longer.

Don’t do it, Mr. Leader.

The president is going to nominate someone to fill the vacancy created nearly a year ago by the death of Justice Antonin Scalia. President Obama nominated Merrick Garland to replace Scalia, but Senate Republicans blocked the nomination in a brazen display of petty partisanship by refusing to give Judge Garland a hearing and a vote.

They were as wrong and petty as could be.

We now have a new president and Donald J. Trump is as entitled to make his selection as Barack Obama was entitled. Thus, the Senate should proceed with confirmation hearings and then a vote.

I’ve noted many times already on this blog about my belief in presidential prerogative. Yes, the Constitution also grants the Senate the right to “advise and consent” to whomever the president nominates.

Schumer, though, should at least wait to see who the president nominates before deciding whether to block an appointment.

I agree with Schumer and Senate Democrats on this point: Trump should select a mainstream candidate. The president need not pick a fight with Democrats just for the sake of picking a fight. If he presents a nominee who is considered to come from the right-wing fringe of the judicial/political spectrum, then perhaps the Senate has grounds to protest the nomination.

Blocking a Trump nominee just for the sake of blocking someone — or to exact revenge — is no more acceptable than the idiotic effort to block an Obama nominee.

SCOTUS fight drips with irony

I cannot resist commenting on the irony that envelops the upcoming fight over filling the ninth seat on the U.S. Supreme Court.

Donald J. Trump is going to nominate someone to fill the seat vacated by the death of conservative icon Justice Antonin Scalia. U.S. Senate Democrats are vowing to fight whoever the new president nominates.

For the record, I’ll stipulate once again that I believe strongly in presidential prerogative on these appointments. I believe the president deserves to select whoever he wants to sit on the highest court; I also believe in the Senate’s “advise and consent” role in deciding whether to approve these nominations.

http://www.politico.com/story/2017/01/senate-supreme-court-fight-mitch-mcconnell-chuck-schumer-233194

But here’s where the irony covers this discussion.

Senate Republicans blocked President Barack Obama’s effort to nominate a centrist jurist, Merrick Garland, to the seat after Scalia died. They denied Garland a hearing before the Senate Judiciary Committee. They said within hours of Scalia’s death that Obama must not be allowed to fill the seat; that task, Majority Leader Mitch McConnell said, belonged to the new president.

Senate Republicans denied Barack Obama the opportunity to fulfill his constitutional responsibility. They engaged in a shameless — and shameful — game of politics.

Their response now? Why, they just cannot believe that Democrats might vote en masse against anyone Trump nominates. Senate Minority Leader Chuck Schumer vows that Democrats are going to dig in against anyone Trump picks for the court.

Revenge, anyone?

Senate Democrats likely cannot do what Republicans did when they denied Merrick Garland even a hearing to determine whether he should take a seat on the Supreme Court.

Indeed, the court needs a ninth vote to avoid deadlocked decisions. For that matter, the court should have welcomed the ninth justice long ago when President Obama nominated Merrick Garland.

Ahh, the irony is rich. Isn’t it?

What about a ‘consensus candidate’ for high court, GOP?

Americans are going to get a good look — probably fairly soon — at just how duplicitous many of our politicians can be.

Let’s consider the vacancy on the U.S. Supreme Court.

Justice Antonin Scalia died suddenly early this year while vacationing in Texas. President Obama then had to find someone to nominate to replace the longtime conservative icon. He found a centrist in Federal Judge Merrick Garland.

Republicans said before Garland got the nod that they would block anyone the president nominated. No hearing. No testimony. No vote. Nothing, man.

Throughout the president’s two terms in office, GOP senators had insisted that the Democratic president nominate “consensus” jurists to the nation’s highest court. He managed to get two justices confirmed: Sonja Sotomayor and Elena Kagan.

Garland was confirmable — had he been given the chance to make his case. Except for one thing: Confirming a centrist such as Garland would change the political balance of power on the Supreme Court, which held a slim conservative majority with Scalia.

A Republican now has been elected president. Will the new man, Donald J. Trump, nominate a “consensus” jurist for the high court? Will he find someone who splits the difference between liberals and conservatives?

Something tells me he’s going to tack to the far right as a sop to those who stood by him on the campaign trail.

Consensus? Who needs consensus when you and your political party control the White House and the Senate.

The upcoming Supreme Court appointment process is going to get ugly. Real ugly.

U.S. Supreme Court: a victim of collateral damage

Elections have consequences … as the saying goes.

Nowhere are those consequences more significant, arguably, than on our judicial system. Which brings me to the point. The U.S. Supreme Court has suffered what I would call “collateral damage” from the election of Donald J. Trump as president of the United States.

A nearly perfect jurist, Merrick Garland, waited in the wings for nine months after President Obama nominated him to replace the late Justice Antonin Scalia. Sadly, Garland’s political fate was sealed about an hour after Scalia’s death when Senate Majority Leader Mitch McConnell declared that the Senate would refuse to act on anyone Obama would choose for the nation’s highest court.

It was a shameful, reprehensible display of political gamesmanship and yet McConnell and his fellow Senate Republicans had the temerity to accuse the president of playing politics.

McConnell took a huge gamble — and it paid off with Trump’s election this past month as president. Now the new president, a Republican, will get to nominate someone.

The New York Times editorialized Sunday that whoever joins the court will be sitting in a “stolen seat.” The Times, though, offers a pie-in-the-sky suggestion for Trump: He ought to renominate Garland, a brilliant centrist who Republicans once called a “consensus candidate” when he was being considered for the Supreme Court back in 2010.

That won’t happen.

Trump, though, could pick another centrist when the time comes for him to make his selection, the Times suggested. Frankly, I’m not at all confident he’ll do that, either. Indeed, with Trump one is hard-pressed to be able to gauge the ideology tilt of whomever he’ll select, given the president-elect’s own lack of ideological identity.

Scalia was a conservative icon and a man revered by the far right within the Republican Party. His death has put the conservatives’ slim majority on the court in jeopardy. But, hey, it happens from time to time.

President Obama sought to fulfill his constitutional duty by appointing someone to the nation’s highest court. The Senate — led by McConnell and his fellow Republican obstructionists — failed miserably in fulfilling their own duty by giving a highly qualified court nominee the full hearing he deserved.

Now we will get to see just how consequential the 2016 presidential election is on our nation’s triple-tiered system of government.

Will the new president administer some kind of conservative “litmus test” to whomever he chooses? Or will he look for someone who — like Judge Merrick Garland — has exhibited the kind of judicial temperament needed on the highest court in America?

I fear the worst.

Ted Cruz for Supreme Court?

UNITED STATES - SEPTEMBER 20: Sen. Ted Cruz, R-Texas, and Sen. Lindsey Graham, R-S.C., participate in the press conference on military aid to Israel with on Tuesday, Sept. 20, 2016. (Photo By Bill Clark/CQ Roll Call)

U.S. Sen. Lindsey Graham has posited an interesting notion about who should be nominated to fill the vacancy on the U.S. Supreme Court.

He says his Republican Senate colleague, Ted Cruz of Texas, should get the call.

Cruz would be hailed by everyone in the Senate as the perfect choice by the new president, according to Graham — but not for reasons that have anything to do with Cruz’s credentials.

Most of Cruz’s Senate colleagues detest him. They would vote virtually unanimously to send him to the Supreme Court, said Graham, who once joked that “if you killed Ted Cruz on the floor of the Senate, and the trial was in the Senate, nobody would convict you.”

Graham and Cruz, you must recall, once were GOP rivals for the party’s presidential nomination in 2016. Donald J. Trump ended up winning the presidency and now can nominate someone to fill the court vacancy created by the death of Justice Antonin Scalia.

Do I think Cruz would be a good choice? No. I don’t want the court to mess with a woman’s right to choose to end a pregnancy or to undo its ruling that legalized gay marriage.

Still, Sen. Cruz — or “Lyin’ Ted,” as Trump once labeled him — would be a most provocative selection for the court. He is a sharp lawyer, a former Texas solicitor general who has argued before the Supreme Court.

http://www.huffingtonpost.com/entry/lindsey-graham-ted-cruz-supreme-court_us_582ba677e4b01d8a014b4490

The new president might want to look to make a key appointment that would steer him away from difficult a Senate confirmation fight. In that context, Ted Cruz for the U.S. Supreme Court sounds like the right choice.

 

Can the president go over Congress’s head on Garland pick?

aptopix_supreme_court_senate-0e1dc-1233

This would require some serious stones on the part of the president of the United States.

But consider what a legal scholar, Gregory L. Diskant, is offering: Barack Obama can appoint U.S. Chief District Judge Merrick Garland to the Supreme Court without Congress providing its “advice and consent.”

The question for me: Does the president have the guts to do it?

Diskant, writing for the Washington Post, asserts that the Constitution has a provision that allows a presidential appointment if the Senate “waives” its responsibility to provide its consent. Thus, the notion goes, the president is within his right as the nation’s chief executive to simply seat someone on the highest court because the Senate has refused for an unreasonable length of time to fulfill its constitutional responsibility.

Diskant cites President Ford’s appointment of John Paul Stevens to the court in 1975. Nineteen days after the president nominated Stevens, the Senate voted 98-0 to confirm Justice Stevens.

https://www.washingtonpost.com/opinions/obama-can-appoint-merrick-garland-to-the-supreme-court-if-the-senate-does-nothing/2016/04/08/4a696700-fcf1-11e5-886f-a037dba38301_story.html?postshare=6971479245651399&tid=ss_fb

President Obama nominated Garland months ago after the tragic death of longtime conservative Justice Antonin Scalia. The Senate refused to give his nominee a hearing, let alone a vote, saying that a “lame duck” president shouldn’t have the right to fill a vacancy on the court; that job should belong to the next president, according to Majority Leader Mitch McConnell, R-Ky.

“No Drama Obama” could go out — if he so chose — with a serious boom if he follows Milbank’s suggestion.

Given the obstruction that Senate Republicans have thrown in front of the president for nearly his entire two terms in office, it would serve them right if Barack Obama took the dare being offered.

Gay marriage is ‘settled law’ … how about abortion?

blackmun

Donald J. Trump says the U.S. Supreme Court has settled the issue of gay marriage, ruling that the 14th Amendment to the U.S. Constitution provides “equal protection” under the law to gay couples, thus allowing them to marry legally.

The president-elect made the right call there.

But wait a second!

What about abortion? The High Court also has ruled that women have a constitutional right to make decisions regarding their own bodies, that they are allowed to terminate a pregnancy. They cited the same 14th Amendment’s “right of privacy” provision, as noted in Justice Harry Blackmun’s opinion.

Is it settled law? One would think so.

Trump, though, has said he’s going to find someone to fill the vacancy on the Supreme Court who opposes abortion, who would help overturn the landmark Roe v. Wade decision of 1973.

Isn’t the Roe v. Wade decision “settled law” as well, just as much as the gay marriage decision of just a couple of years ago?

I should note, I suppose, that Trump once was adamantly pro-choice on the abortion issue. Now he is just as adamantly pro-life on the matter.

Trump now plans to apply the abortion litmus test to whomever he selects to the court post vacated by the death earlier this year of longtime conservative icon Justice Antonin Scalia.

Presidents normally say they don’t set up such tests for potential Supreme Court nominees … but of course they do. I’ll give Trump credit at least for all but admitting out loud he has established one critical benchmark for whomever he chooses to fill the court vacancy.

The credit, though, must be tempered by the “settled law” notion that the president-elect applies to one key social issue of our time while refusing to apply it to another.

Gay marriage, where Trump and GOP base part company

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Here it comes.

The millions of Republican voters who stood by their man, Donald J. Trump, during the acrid presidential campaign might be feeling the first of many pangs of regret over one of their guy’s core beliefs.

Trump has told “60 Minutes” correspondent Leslie Stahl that gay marriage is the law of the land and that he’s “fine” with that. The U.S. Supreme Court decided it, legalized gay marriage in all the states. The issue is done, said Trump — quite correctly. There, you see? I actually can say something complimentary of the president-elect.

I almost could hear the teeth-gnashing while sitting in my study at home when he said that.

http://thehill.com/blogs/blog-briefing-room/news/305803-trump-diverts-from-gop-fine-with-supreme-courts-gay-marriage

Do you think the president-elect has upset those among his base, the folks who stood by him while he insulted prisoners of war, mocked a disabled reporter, admitted to groping women, denigrated a Gold Star family?

All of those things, taken separately, should have been enough to disqualify this guy from being nominated by a major political party, let alone from being elected president.

The GOP base — the true believers — stood by the nominee despite not even understanding what he believed.

Trump has vowed to appoint a conservative to the U.S. Supreme Court to succeed the late Justice Antonin Scalia. The court, though, has settled the gay marriage issue, citing the 14th Amendment to the U.S. Constitution and its “equal protection under the law” clause.

Trump tonight has indicated — finally! — that he understands the concept of “settled law.” The base of his party will be unhappy with the man they backed to the hilt.

GOP looking to make Hillary’s service difficult

cruz

Ted Cruz has joined his Senate Republican colleague John McCain in declaring war on a potential — if not probable — new president’s appointment powers.

Cruz, the former GOP presidential candidate, says there is “precedent” for the Supreme Court to operate with only eight members. That is a form of code for saying that it it’s OK for the Senate to block anyone that a President Hillary Clinton would nominate to fill the vacant ninth seat on the nation’s highest court.

https://www.texastribune.org/2016/10/27/cruz-says-theres-precedent-keeping-ninth-supreme-c/

McCain was wrong to say such a thing.  Cruz is equally wrong.

Assuming that Clinton wins the presidency in eight days, the Senate Republicans are digging in as they seek to block any appointment the Democratic president might make.

President Obama already has felt the sting of raw politics in that process. Antonin Scalia died eight months ago while vacationing in Texas. Obama selected federal judge Merrick Garland to replace the late Supreme Court justice — one of the conservative titans on the narrowly divided court.

The reaction from Senate Majority Leader Mitch McConnell was shameful in its political nature. Within hours of Scalia’s death, he declared that the Senate would block anyone President Obama would nominate; he declared that the nomination should be handled by the next president.

Well, Mr. Majority Leader, the next president is likely to be a Democrat, too. That has prompted Sens. McCain and Cruz to suggest that the next president won’t be able to nominate anyone, either.

Who’s playing politics with the U.S. Constitution? Republicans keep insisting that Democrats are doing it. They are shamefully lacking in self-awareness … as the continuing vacancy on the U.S. Supreme Court has demonstrated all too graphically.