Tag Archives: Antonin Scalia

McCain enters the fray with threat of a crisis

WASHINGTON, DC - MARCH 26:  U.S. Sen. John McCain (C) (R-AZ) speaks during a press conference on the recent bombings by Saudi Arabia in Yemen March 26, 2015 in Washington, DC. During his remarks Graham said, "The Mideast is on fire, and it is every person for themselves." (Photo by Win McNamee/Getty Images)

John McCain must be unable to stand the sight and sound of another Republican blowing a once-great political party to smithereens.

The Arizona senator has this apparent need to get into the action himself by making an absurd — and frankly, frightening — assertion about how he and his GOP colleagues are going to handle the next president’s appointments to the U.S. Supreme Court.

Donald J. Trump’s presidential candidacy is imploding, paving the way for Hillary Rodham Clinton’s election in three weeks as the first female president of the United States.

What, then, does McCain do? He declares that U.S. Senate Republicans will make it their mission in life to block every single appointment Clinton might make to the Supreme Court.

That’s it. None will make it through the sausage-grinder of the confirmation process if Sen. McCain has his way. He’s actually one-upping the ridiculously political posture that Senate Majority Leader Mitch McConnell struck when he said that President Obama’s next pick would be stalled because, according to McConnell, he’s a “lame duck” and that the vacancy created by the death of Justice Antonin Scalia needed to be filled by the next president.

Do you remember how McConnell weighed in within an hour of he world learning that Scalia had died?

Hell, that’s not good enough for McCain. He and his fellow Senate Republicans are going to block them all!

I’ve long expressed admiration for McCain. I’ve saluted his service to the country — notably his heroic actions as a prisoner of war in Vietnam. However, my old pal Jon Talton, who knows Arizona politics better than anyone I’ve ever met, put the senator’s public life into an interesting perspective in a recent blog post. Here it is:

http://www.roguecolumnist.com/rogue_columnist/2016/10/a-looming-constitutional-crisis.html

As Talton wrote: “From ‘moderate’ ‘independent’ McCain, we have warnings of what’s to come. This puts him in the Kook camp that would make Hillary’s election automatically illegitimate. Four years of scorched earth and worse.”

I’ll let Talton’s assessment of McCain’s career stand on its own. He knows more about it than I do.

The idea that McCain would quadruple-down on efforts to block the next President Clinton’s appointment authority to fill potential vacancies on the nation’s highest court creates the threat of a serious constitutional crisis. It could be far worse than, say, Watergate — which was pretty damn frightening.

I continue to hold out hope that President Obama’s pick to replace Scalia — U.S. District Judge Merrick Garland — would get a hearing in the lame-duck session of Congress once the election is over. Senate Republicans might lose control of the upper chamber as Trump’s candidacy goes down in flames. Garland — as solid and mainstream a nominee as you can imagine — might prove to be as suitable a court pick as they could hope for.

Now we have Sen. McCain declaring that no one Clinton would select will be able to pass Senate GOP muster. No one!

Obstruction, anyone? There you have it — in the starkest terms possible.

This election back story involves a judge

FILE - In this May 1, 2008, file photo, Judge Merrick B. Garland is seen at the federal courthouse in Washington. President Obama is expected to nominate Federal Appeals Court Judge Merrick Garland to the Supreme Court. (AP Photo/Charles Dharapak, File)

So-o-o-o many back stories to examine, so little time — it seems — to do them all justice.

Speaking of justice, here’s a back story that might get some traction if current presidential election trends continue toward Election Day.

Merrick Garland. Do you remember him? President Obama nominated him to a seat on the U.S. Supreme Court after Justice Antonin Scalia died while on a hunting trip in Texas.

Garland’s nomination was put on the back burner by the Senate majority leader, Mitch McConnell, who declared within hours of Scalia’s death that the Senate would not consider anyone the president nominated. He would insist that the next president get that task. He said he doesn’t think it’s appropriate for a president in the final year of his second term to make an appointment to the nation’s highest court.

McConnell’s logic defies, well, logic.

Here’s how this story gets interesting.

As I am writing this blog post, Democratic presidential nominee Hillary Rodham Clinton is putting some distance between herself and Republican nominee Donald J. Trump, whose campaign is showing signs of imploding before our eyes.

So, McConnell has a calculation to make.

“Do I hope my party’s nominee pulls his head out soon enough to actually be elected president this November? Or do I concede that Clinton’s going to become the next president — and then do I allow Garland’s nomination to go forward in a lame-duck session of Congress?”

It’s looking, to me at least, as though Clinton’s going to win the election. That seems to set the table for a confirmation hearing and a vote for Garland, who by all accounts is a mainstream jurist who likely will be as suitable a pick as the Republicans are going to get — presuming a Clinton election.

What’s more, it also is entirely possible that Democrats will regain control of the Senate, which puts additional pressure on Republicans to act now while they still run the Senate.

McConnell never should have dug in his heels in the first place. He is playing politics with this constitutional task given to the president, which is to nominate candidates to the federal bench. For him and other Republicans to suggest in retaliation that Obama is playing politics is laughable on its face.

Garland has deserved a hearing and a vote ever since the president put his name forward. Hillary Clinton hasn’t said whether she would renominate Garland after she takes the presidential oath in January, which leads me to believe she’ll find someone else.

Obama sought to appease his GOP critics in the Senate by nominating Garland in the first place. He knew the Republican majority would resist anyone he nominated. He sought to find someone who already had been approved to the federal bench and who had impeccable judicial credentials.

If the trend continues and Trump continues to fall farther and farther into the political ditch, my strong hunch is that Majority Leader McConnell will cry “Uncle!” and give Merrick Garland the hearing — and the up-or-down vote in the Senate — he has deserved all along.

Texas cannot secede a second time

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It’s coming again.

Fruitcakes are talking about looking for ways to allow Texas to secede from the United States of America.

The Texas Tribune has provided a fascinating primer on what’s allowed and what is not.

Secession is not allowed. Period.

https://www.texastribune.org/2016/06/24/can-texas-legally-secede-united-states/

What fascinates me more than anything are the phony parallels the Texas secessionists — which admittedly comprise a tiny fraction of the state’s population — are drawing with the British vote to exit the European Union.

There are no parallels.

Why? Well, for starters, Texas is not a sovereign nation. It belongs to a larger nation, with a federal government and a Constitution to which elected officials in all 50 states take an oath to “protect and defend.”

The EU is a loose conglomeration of sovereign nations that have within their own governing structures mechanisms to initiate a withdrawal from that group. That’s what the British voters did.

As the Texas Tribune reports: “The legality of seceding is problematic,” said Eric McDaniel, associate professor of government at the University of Texas at Austin. “The Civil War played a very big role in establishing the power of the federal government and cementing that the federal government has the final say in these issues.”

The issue won’t die a quick and painless death, though.

The state has a history of once being an independent republic, from 1836 until 1845, when it became one of the United States. Texas did secede as the Civil War was breaking out.

According to the Tribune, none other than the late Supreme Court Justice Antonin Scalia put it all in its proper perspective.

“The answer is clear,” Scalia wrote. “If there was any constitutional issue resolved by the Civil War, it is that there is no right to secede. (Hence, in the Pledge of Allegiance, ‘one Nation, indivisible.’)”

Are we clear now?

Tie goes to the GOP with SCOTUS decision

immigration

The U.S. Supreme Court’s non-decision on President Obama’s executive order regarding illegal immigrants just demonstrates the need to get that ninth seat on the court filled.

OK, the president lost this one. The court came down 4 to 4 to uphold a lower court ruling that had set aside the president’s executive order that granted temporary amnesty to around 5 million undocumented immigrants.

His order would have spared millions of families from the fear of deportation, particularly those families with children who were born in the United States and, thus, were American citizens.

Now, their future is a quite a bit more uncertain.

Everyone knows that the court would have ruled 5-4 had Justice Antonin Scalia had been present to decide. He wasn’t. He’s now deceased. The president has nominated a moderate jurist to replace him. Senate Republicans won’t give Merrick Garland a hearing and a vote because they want the next president to make the selection.

So, the tie vote means the Republicans win this round.

Texas Attorney General Ken Paxton said, “I think the Constitution was upheld and this idea that there is a separation of powers — that no one person gets to make up law — was upheld,” Paxton said. “That’s a great thing for America.”

http://www.politico.com/story/2016/06/supreme-court-deadlocks-thwarting-obamas-immigration-actions-224720#ixzz4CS8xrwhm

But is it? Is it a great thing for those families that have come here to carve out a new life and for their children who were born here and who have considered themselves Americans for their entire life?

We can’t change the court’s non-decision now that it has acted — although I remain a bit dubious about how a tie vote actually settles anything. It reminds me a little bit of how court cases are decided on “technicalities.”

Obama and presumptive Democratic nominee Hillary Clinton both say the permanent answer must rest with Congress. Clinton vowed to seek congressional action if she’s elected president this fall.

Do I — as a layman — like how the court “decided” this case? Not in the least.

But you play the hand you’re dealt.

It does show quite brightly, though, why it’s important to fill that ninth seat on the Supreme Court — and why Merrick Garland deserves a hearing and a vote of the Senate.

GOP lawmaker: Wrong to block Garland

garlandmerrick_031716hj3

Dan Donovan’s opinion on a critical judicial appointment might matter if he actually were to play a tangible role in determining its outcome.

It’s too bad the thoughts of a back-bench Republican member of the U.S. House of Representatives will be relegated to the back of the closet.

Donovan is a New York member of Congress who said it is wrong for the Republican Senate leadership to block the appointment of Merrick Garland to the U.S. Supreme Court. If Donovan were king of Capitol Hill, he’d let Garland have a hearing and a vote.

He’s right, of course. President Obama appointed Garland to the high court after the shocking death of conservative icon Justice Antonin Scalia earlier this year.

Within hours of Scalia’s death, though, Senate Majority Leader Mitch McConnell declared that the president’s nominee wouldn’t get a hearing. The president’s pick would be tossed aside. Why? Barack Obama is a lame duck, said McConnell, and the appointment should come from the next president of the United States.

It’s an absolute crock of crap.

http://thehill.com/blogs/blog-briefing-room/news/281000-gop-lawmaker-republicans-were-wrong-to-block-garland

“I’ve never thought that was a good idea,” Donovan told reporters in Staten Island. “I’ve always thought that the Republicans were wrong, that they should see who the nominee was — actually, the president nominated Judge Garland — and judge him on his abilities, his jurisprudence.”

Gosh. Do you think?

The irony of McConnell’s refusal is too rich to dismiss. He accuses the president of playing politics by seeking to force the Senate to hold hearings and then a vote. The ironic part is that McConnell’s obstruction of this appointment is the classic example of “playing politics” with a key provision in the constitutional authority of the legislative and executive branches of government.

The only reason McConnell is blocking this appointment process from going ahead is because the appointment might change the balance of power on the court, which was a narrowly conservative panel with Scalia. Garland is more of a mainstream moderate judge who, I should note, won overwhelming Senate approval to the D.C. Circuit Court.

Who’s playing politics, Mr. Majority Leader?

One of McConnell’s fellow GOP lawmakers is making some sense. It’s a shame his voice won’t be heard at the other end of the Capitol Building.

 

Imagine this breakfast chit-chat

grassley

U.S. Senate Judiciary Committee Chairman Chuck Grassley is going to have breakfast next Tuesday with Merrick Garland.

Yep, he’s going to break bread with the Supreme Court nominee whose nomination he intends to block.

I’m trying to imagine how this conversation will proceed. Here’s what I have come up with:

Grassley: Welcome, Judge. I’m glad you could find time to meet me for breakfast.

Garland: Thank you, Mr. Chair …

Grassley: Oh, call me Chuck.

Garland: Sure thing … Chuck. (laughter)

Grassley: Let’s get down to brass tacks. I don’t think the committee I chair should consider your nomination. In fact, I’m on board as saying that the next president should make the nomination. The current president is a lame duck, you know. This election could change everything.

Garland: I get that. But why are we meeting? I’ve read the papers. I know what you’ve said.

Grassley: I just wanted to get together so I could explain in detail …

Garland: Detail? What detail? You don’t support President Obama. You’ve never supported him. Look, he sought to pick someone who wouldn’t rock the court. He looked for a moderate judge. He found one. Me. My time on the D.C. Circuit Court has been the model of moderation.

Grassley: But the Supreme Court balance is, well, in the balance. Antonin Scalia was a stalwart conservative justice. We need to maintain that balance on the court.

Garland: Why the need? Didn’t a majority of voters re-elect Obama three years ago? Didn’t they do so knowing full well what kind of judge he’d appoint if given the chance. I mourn Scalia’s death, too. He was a brilliant jurist. He had a seriously rigid point of view. But I’m no slouch, either. I just don’t lean nearly as far to the left as Scalia did to the right. He could have picked a flaming lefty activist. I’m neither a lefty or an activist.

Grassley: I get that, Judge. You do understand that we on the committee are politicians, correct? We’ve got political interests. I happen to like my job as a senator from Iowa. I’ve been doing it for some time. I’d like to keep doing it. We’ve got this faction within our party that won’t tolerate compromise. It won’t tolerate me or any other of my Republican ilk from compromising with those Democrats.

Garland: So, you’re not going to allow the president, who has another nine months in office, to fulfill his duty because you’re getting pressure from constituent groups and political action organizations?

Grassley: I wouldn’t put it quite that way.

Garland: But that’s what it sounds like to me. You know what? I just lost my appetite. Thanks for the invitation, Chuck.

Grassley: Uh, judge? On second thought, you now may call me “Mr. Chairman.”

 

 

Clinton, Sanders differ on SCOTUS approach

hillary

Democratic presidential candidates Hillary Rodham Clinton and Bernie Sanders differ on quite a bit these days.

One of the more intriguing differences is seen in how they want the vacancy on the U.S. Supreme Court to be filled.

Sanders would pull the nomination of Merrick Garland — who President Obama has appointed to replace the late Justice Antonin Scalia — off the table if he is elected president in November. He then would pick someone of his choosing.

Clinton doesn’t even think that’s a topic for discussion. She said this week that Obama is president until January and he deserves to have his pick for the court considered by the U.S. Senate.

She also takes sharp aim at the reason Senate Majority Leader Mitch McConnell gives for obstructing this nomination, for wanting the next president to make the choice. McConnell said “the American people deserve a voice” in determining who that person should be.

Fine, said Clinton. “I was one of the 65 million people who voted” for President Obama’s re-election in 2012, she said, adding that McConnell is now trying to silence her voice, along with tens of millions of other voters who choose Obama over Republican nominee Mitt Romney.

You got that right, Mme. Secretary.

I, too, am among the nearly 66 million Americans who cast their ballots for the president. I don’t like being silenced any more than Clinton does. Nor should the rest of those who cast their ballots for the president.

Don’t we operate in a system that grants power to the candidate who gets more votes than the other person?

Yes, we have one president at a time. The man in the hot seat right now still has all the power entrusted to him by the U.S. Constitution.

Let this nomination go forward, Mr. Majority Leader. Americans’ voices have been heard.

Listen to the VP, senators, about doing your job

biden

Vice President Joe Biden is going to lecture the U.S. Senate on something about which knows a thing or two.

He wants his former colleagues to do the job they took an oath to do, which is vote on whether to approve a nominee to the U.S. Supreme Court.

Biden will deliver his message in remarks at Georgetown University.

At issue is the nomination of Merrick Garland to fill the seat vacated by the death of Antonin Scalia. Senate Republicans — many of them, anyway — are digging in on the nomination. They don’t want to consider a Barack Obama appointment, contending that it’s too late in the president’s second term. He’s a “lame duck,” therefore, the task of appointing a justice should fall on the next president.

That, of course, is pure malarkey.

Barack Obama is president until Jan. 20, 2017. He wants to fulfill his constitutional duty and he’s urging the Senate to do so as well.

Oh sure. The balance of the court is hanging here. Scalia was a devout conservative ideologue — and a brilliant legal scholar. Garland is a judicial moderate; he’s also a scholar; a man viewed widely as supremely qualified.

How does Biden — who served in the Senate for 36 years before being elected vice president — figure in this?

As vice president, he’s the presiding officer of the Senate. Of course, he votes only to break ties. He doesn’t actually run the place. That task falls on the majority leader, who happens to be a Republican, Mitch McConnell of Kentucky.

It’s been McConnell’s call to obstruct this nomination.

Biden, though, does have a number of friends in both parties who serve in the Senate. Is there any hope that he can get through to them? Probably not, but when you’re vice president of the United States, you have the bully pulpit from which to preach an important message to those who need to hear it.

 

Well stated, Mr. Chief Justice

chief-justice-roberts

How about that John Roberts?

The chief justice of the U.S. Supreme Court has rebuked the U.S. Senate — here it comes — for playing politics with the appointment of the next justice on the nation’s highest court.

Chief Justice Roberts did not know he was doing so when he made the remarks, as they came just a few days before the shocking and tragic death of Justice Antonin Scalia.

He noted the partisan nature of the votes for recent appointees to the court. According to the New York Times: “Look at my more recent colleagues, all extremely well qualified for the court,” Chief Justice Roberts said, “and the votes were, I think, strictly on party lines for the last three of them, or close to it, and that doesn’t make any sense. That suggests to me that the process is being used for something other than ensuring the qualifications of the nominees.”

The court, of course, has a vacancy to fill. President Obama has selected D.C. Circuit Court Chief Judge Merrick Garland to fill the seat. Senate Republicans say they want the next president to make the call, denying the current president the opportunity to fulfill his constitutional responsibility.

Chief Justice Roberts, served with Garland, surely must believe his judicial colleague is as “extremely well qualified” as justices Alito, Kagan and Sotomayor — whose confirmations were approved on largely partisan votes.

Roberts is on point with his call to consider these nominations on the merits of the individual’s qualifications.

No one has heard hardly a whimper from anyone questioning whether Merrick Garland is qualified to determine the constitutionality of federal law.

The opposition is being mounted for purely political reasons.

John Roberts says such posturing should stop.

I happen to agree with him.

As the chief said in his remarks preceding Scalia’s death: “We don’t work as Democrats or Republicans and I think it’s a very unfortunate impression the public might get from the confirmation process.”

 

Does the GOP really want a mainstream jurist on the court?

imagesM3AI6GFF

We hear it constantly from the right side of the political spectrum.

Courts shouldn’t be full of “judicial activists.” The culprits, in their eyes, usually come from the left. Those liberals are just too prone to “legislate from the bench.” Or so it goes from the right-wing mantra machine.

How did Barack Obama answer that with his choice for the U.S. Supreme Court? The president chose as mainstream, moderate and even-tempered a fellow as he could find. Merrick Garland deserves to take his seat on the nation’s highest court.

His record is exemplary. His temperament and judicial philosophy would seem to fit the bill perfectly for Senate Republicans who hold the key to whether Garland even gets a hearing, let alone a vote by the full Senate.

Now, though, all those qualities that conservatives say they admire in a judge don’t apply. Garland must be too, uh, moderate. Too measured. Too studious. Too mainstream.

Compared to the individual he would replace — the late Justice Antonin Scalia — perhaps there’s some merit to the criticism in the eyes of the Senate Republican caucus.

What they want is another Scalia.

Yes, the late justice was a brilliant legal scholar. He called himself a “strict constitutionalist”; to be honest, I’m not smart enough to argue that point.

I am reasonably intelligent enough, though, to know that he was rigid in his approach to interpreting the Constitution. He was an ideologue. However, his ideology fit nicely with the politicians who control the Senate.

Garland’s doesn’t. He’s too centrist. Too moderate and mainstream.

One man’s ideological purist is another man’s near-perfect fit for the job of interpreting the Constitution.

So, it’s fair to ask: Do the Senate Republicans who keep insisting that the next president make this pick really oppose the current choice on judicial and philosophical grounds, or are they just playing politics?