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Forum
-> Interesting Discussions
amother
Pewter
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Sat, Feb 13 2016, 6:27 pm
Scalia passed away. Obama will be nominating a new Justice to the SCOTUS. Thoughts?
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youngishbear
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Sat, Feb 13 2016, 7:01 pm
RIP
This is unexpected...
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Rubber Ducky
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Sat, Feb 13 2016, 7:04 pm
Wow... bad news. He was the most formidable intellect on the Court, and one of the most conservative. Supreme Court nominees will now become an election issue.
Majority leader Senator McConnell wants to wait until after the election to replace Justice Scalia: http://thehill.com/homenews/se.....ction
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tryinghard
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Sat, Feb 13 2016, 8:28 pm
Apparently there is a movement to get Obama to wait and not appoint one, but allow the next president to choose... But who really thinks Obama would actually do that?
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amother
Silver
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Sat, Feb 13 2016, 9:43 pm
I guess all they have to do is not schedule a confirmation hearing. Or just not confirm any. We see how great his previous choice was...
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seeker
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Sat, Feb 13 2016, 11:37 pm
tryinghard wrote: | Apparently there is a movement to get Obama to wait and not appoint one, but allow the next president to choose... But who really thinks Obama would actually do that? |
Yeah, I don't really get that. I mean, isn't that just the way it works - whoever is president when a justice leaves/dies/whatever gets to pick the next one? Why would it be otherwise? And that would mean what, no SCOTUS for a whole year? How would that work exactly? Whole thing sounds kind of like some silly conservative fantasy.
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LittleDucky
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Sun, Feb 14 2016, 12:29 am
seeker wrote: | Yeah, I don't really get that. I mean, isn't that just the way it works - whoever is president when a justice leaves/dies/whatever gets to pick the next one? Why would it be otherwise? And that would mean what, no SCOTUS for a whole year? How would that work exactly? Whole thing sounds kind of like some silly conservative fantasy. |
Until one is confirmed, they just do it on a majority rule. Like always except if there is a tie, the lower court's ruling is upheld for that case. Which in this docket helps the liberal side more than the conservatives coincidentally... But no national precedent is set so I guess a future case can go to the Supreme Court again.
Same rule if a judge is recused for on case- not sure the full story but one is recused from the Texas affirmative action case.
Hypothetically, as a poster mentioned above, if the Senate refuses to confirm anyone, which is their complete right (and part of the checks and balances system) the process can drag on until then. We'll see what happens...
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seeker
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Sun, Feb 14 2016, 12:33 am
for a whole year....? ok, good luck.
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LittleDucky
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Sun, Feb 14 2016, 1:03 am
I said hypothetically. Not saying an opinion either way. I was just saying how things will work until one is picked...
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