Spot Opens on the SCOTUS

As we know Justice Scalia passed somewhat unexpectedly.  Rest in peace Judge Scalia.

Be interested to hear from anyone but especially from those on the right.

Are there legitimate grounds to delay voting on a new justice?  If so what amount of delay is acceptable? If one year is ok, what about 8 years? How do you draw that line?

To me it feels like choosing which parts of the constitution you want to stand behind. What am I missing? Would like to hear a dissenting view.

Dissenting view: "The people's will must be heard, just not the people that put this government in place. Future people, whose opinions I care about because they will agree with me. Maybe"

The constitution says the congress has to approve the appointment, it does not say how long they have to take to do it. Our current POTUS has fueled the flames of partisan politics so he will reap what he sowed.

Hey, it's not like delaying til next year garuntees a conservative. It could just mean that Bernie nominates his replacement instead of Obama. And you could argue that if its Trump, Bush or Kasich you're just as likely to get a Kennedy as a Scalia or Thomas.

Kennedy was nominated and confirmed in Reagan's last year in office.

Yeah, that's true. I guess I mentioned him because he's considered a swing vote. I meant that even if the Republicans delay the replacement, they're not garunteed a conservative. Now that I think about it though, wasn't he nominated after Bork and another guy got voted down? So he's instructive there too. McConnel should have kept his mouth shut. Obama's gonna nominate somebody. They could have held hearings and voted not to confirm just as easily without appearing quite as partisan as they do now.

PeeTex wrote

The constitution says the congress has to approve the appointment, it does not say how long they have to take to do it. Our current POTUS has fueled the flames of partisan politics so he will reap what he sowed.

Respectfully disagree. The republican party is reaping what they sowed by playing to the extreme elements of their base since 1994 or 1995. One of our major parties is no longer in the business of governing.

Posturing and pandering......that's the only point.  This was such a massive, unexpected plot twist in the presidential race.  What if Ruth B.G. calls it good (or croaks) in the next few months too?

Everybody in the republican presidential race likes to talk tough about responsibility and about things "happening on so-and-so's watch".  Guess what?  This happened on Obama's watch.  

As a SCOTUS junkie with a reproductive system at risk for further unwanted government regulation, I am just absolutely loving this whole ordeal. Pure Applesauce!  I think McConnell screwed up right out of the gate with his rushed and improperly considered strategy, formed out of pure fear of the GOP's increasingly uncontrollable base in an election year where conventional wisdom has flown out the window.  Obviously he did not consider an exit or a save face option.  

That was stupid, as Pres. Obama always plays the long game, and will try to get his pick without using his recess appointment powers.  He will wait for the GOP intra-party fault lines to once again present themselves (which is already happening).  He will exploit the fractures, and likely put forth a slightly more moderate choice than he has in the past.  My guess it will likely be a sitting federal judge that he recently appointed who was unanimously (or near unanimously) confirmed.   I predict his nominee will squeak through the confirmation process.  For all their initial bluster, the Republican senators will once again come out looking foolish, and once again gravely disappoint their vocal and unreasonable base.  

McConnell should have never promised something so ridiculous as his opening gambit, anything that fails to accomplish what he promised, will be seen as capitulation or defeat by the GOP base. But if by chance, the GOP is able to hold it together (not looking likely), Obama will make a more liberal choice as a recess appointment and gamble on the election outcome.

I looked for a quote from McConnell but couldn't find it. What did he say?

"The American people should have a voice in the selection of their next Supreme Court justice.  Therefore, this vacancy should not be filled until we have a new president."  McConnell said this before the ice water in Scalia's veins had warmed up to room temperature.

Brave of you to leave the political stuff mostly alone here Harv.  Most of the time when the shit really starts flying people have already moved beyond the political.

Here's McConnell's full statement quoted: http://thehill.com/homenews/senate/269389-mcconnell-dont-replace-scalia-until-after-election

He tacked it onto a statement of condolence.


Eta: the implication in his statement is that he will not even consider making any moves to engage in any steps toward considering or voting on a nominee.  He is saying that he will not allow the whole process to even begin until the next president is in office. I don't know why he would make that his first statement, maybe he thought he would trick the President into making a hasty recess appointment?

White House Press Secretary Josh Earnest on Wednesday was unable to rule out golfing as the reason President Barack Obama intends to skip Justice Antonin Scalia’s funeral this weekend.

“The president has said that he is not always as sensitive as he should be on optics,” one reporter asked Earnest during Wednesday’s press briefing. “Can you rule out that he’s going golfing on Saturday instead of the funeral?”

“I don’t have a sense of what the president’s plans are for Saturday,” Earnest began in reply. “The president obviously…believes it’s important for the institution of the presidency to pay his respects to somebody who dedicated three decades of his life to the institution of the Supreme Court.”

skimore wrote

“I don’t have a sense of what the president’s plans are for Saturday,” Earnest began in reply. “The president obviously…believes it’s important for the institution of the presidency to pay his respects to somebody who dedicated three decades of his life to the institution of the Supreme Court.”

I was supposed to be there to pay my respects, but I think I'll just send a fax in from the bathroom in a few minutes.

Thanks for posting that, somehow I thought there was more.

Sadly, I find this funny:

"Today our country lost an unwavering champion of a timeless document that unites each of us as Americans."

Today the constitution is a more a pawn in the relentless drive to divide.