Author Topic: Justice Scalia Dead at 79  (Read 3801 times)

0 Members and 1 Guest are viewing this topic.

Offline El Barto

  • DTF.org Alumni
  • ****
  • Posts: 19087
  • Bad Craziness
Re: Justice Scalia Dead at 79
« Reply #35 on: February 15, 2016, 08:19:40 AM »
Seriously, though, regardless of the outcomes - which I feel mischaracterizes the objectives of the Court, even if it is a logical and necessary endeavor given the role that precedence plays in our rule of law - I do hope that the next justice is as willing to let the chips fall where they may in terms of following the process rather than jerry-rig the logic to achieve a desired outcome.  Scalia was, in terms of his opinions, NOT an ideologue. 
That wasn't always the case with Nino, though. He has been known to use that legal mind of his to find a path to his desired outcome. As you pointed out he was pretty telling of his personal views, and his base legal ideology was also pretty well defined. That makes it fairly easy to see when he's deviating from his norm to get his way. I thought Raich and Lawrence were pretty good examples of that. Listen to his decision announcement in Lawrence sometime. The man was genuinely angry at the outcome,  and not necessarily the process by which it came.
Argument, the presentation of reasonable views, never makes headway against conviction, and conviction takes no part in argument because it knows.
E.F. Benson

Offline Stadler

  • DTF.org Alumni
  • ****
  • Posts: 9907
  • Gender: Male
Re: Justice Scalia Dead at 79
« Reply #36 on: February 15, 2016, 08:25:38 AM »
2. The leader of the Senate should say again that the next justice should be chosen by the people through who they vote for in the election. Assuming the next president doesn't pick an asshat they should nominate them.
The problem is that it runs against their reasoning. The next justice should be chosen by the person they elected, and until Jan of 17 that person is Obama. That argument only makes them look foolish.

I've been thinking about this almost steadily since it happened (yeah, I'm being serious), and the more I think about it, the more I realize that the process has to be followed.  Obama has to nominate someone, and it's really up to him as to whether that person gets vetted and approved.  If he tries to pick a fight, he'll get one (as when Bork was nominated by Reagan in '87) and if he tries to pick a consensus figure, it should be approved.   As we have seen (Roberts, Kennedy) there are no guarantees when nominating a Supreme Court justice, and nor should there be.    Presumably the cases they get are unique, and with unique fact patterns and unique judicial histories (as an appellate court, the Supreme Court does not weigh in on 'facts' but rather matters of law, and even then, only narrow issues of constitutionality). 

Quote
Quote
3. My left nut is just as qualified to be supreme court justice as Obama. They've been a judge for an equal amount of time.
Will all due respect to your juevos, there's no obligation to be a judge before a nomination. They all start out as lawyers and professors. Many get appointed to a circuit or appeals court, but some don't. A few have gone straight from solicitor general to the bench. If the GOP gets to nominate somebody it'll likely be Ted Olson, who's never been a judge (lawyer, solicitor general, lawyer).

Actually, as far as I'm aware, there is no clear requirement that the nominee be a LAWYER, though I would imagine - and deeply hope - that the further you get away from some experience in hearing cases and applying prescedential law, the chances become slimmer than the nomination would go through.  Especially in these divisive times, I can't see a non-courtroom lawyer being the bare minimum for acceptability of the role.

Offline Stadler

  • DTF.org Alumni
  • ****
  • Posts: 9907
  • Gender: Male
Re: Justice Scalia Dead at 79
« Reply #37 on: February 15, 2016, 08:53:36 AM »
Seriously, though, regardless of the outcomes - which I feel mischaracterizes the objectives of the Court, even if it is a logical and necessary endeavor given the role that precedence plays in our rule of law - I do hope that the next justice is as willing to let the chips fall where they may in terms of following the process rather than jerry-rig the logic to achieve a desired outcome.  Scalia was, in terms of his opinions, NOT an ideologue. 
That wasn't always the case with Nino, though. He has been known to use that legal mind of his to find a path to his desired outcome. As you pointed out he was pretty telling of his personal views, and his base legal ideology was also pretty well defined. That makes it fairly easy to see when he's deviating from his norm to get his way. I thought Raich and Lawrence were pretty good examples of that. Listen to his decision announcement in Lawrence sometime. The man was genuinely angry at the outcome,  and not necessarily the process by which it came.

I won't argue that those cases seemed to have a personal element to them.   

But even under the weight of the issue, the argument put forth by Scalia was one of process.    His objection to Raich (and to a lesser extent, Lawrence) was primarily based on the inconsistency of the court (Raich reversed a previous decision, and Lawrence applied, essentially, the opposite logic that the Court used to decline to rehear Roe v. Wade).   I will give you that it was less than "scholarly" to reference the "homosexual agenda", but credit has to be given to Scalia, because he was deathly afraid of the Court - what he called a "panel of nine unelected lawyers" - becoming legislative advocates.   

Everyone is pointing to the "flag burning" case as the one example of Scalia working against his own beliefs, but there are better, albeit far more subtle, examples.   He was personally very much against abortion, and yet he left that decision to the States, knowing full well that the populace was not NEARLY as set against the idea as he was.   

Offline El Barto

  • DTF.org Alumni
  • ****
  • Posts: 19087
  • Bad Craziness
Re: Justice Scalia Dead at 79
« Reply #38 on: February 15, 2016, 09:21:19 AM »
My recollection of Raich was that it was an expansion of interstate commerce, and as I recall this was not actually in conflict with Filburn (which was probably bullshit anyway).

And out of curiosity, don't you think that a jurist such as Scalia could have easily crafted an opinion, based on process, that struck down the Texas sodomy laws, or upheld the individual mandate, or established voting rights for a cheese danish? This applies to all of them, of course, but I think it comes down a person taking the best argument where many could be made. While it can be said that his decisions tended to be based on process and law, I think it can also be said that some of them were a reach, where paths much more in accordance with his base legal ideology, though less palatable to him personally, were available. 
Argument, the presentation of reasonable views, never makes headway against conviction, and conviction takes no part in argument because it knows.
E.F. Benson

Offline Calvin6s

  • Posts: 3404
Re: Justice Scalia Dead at 79
« Reply #39 on: February 15, 2016, 12:13:56 PM »
.
« Last Edit: April 22, 2016, 05:04:41 PM by Calvin6s »
I wish death upon Mitch McConnell and Pat Robertson in comment sections all the time. I'll admit that I'd be thrilled if either one of them died of a stroke tonight.

Offline El Barto

  • DTF.org Alumni
  • ****
  • Posts: 19087
  • Bad Craziness
Re: Justice Scalia Dead at 79
« Reply #40 on: February 15, 2016, 12:47:31 PM »
Only 12 rejections since the court's establishment. Up until now you really had to be insane to not get confirmed.
Argument, the presentation of reasonable views, never makes headway against conviction, and conviction takes no part in argument because it knows.
E.F. Benson

Offline gmillerdrake

  • Proud Father.....Blessed Husband
  • DTF.org Member
  • *
  • Posts: 10506
  • Gender: Male
  • 1 Timothy 2:5
Re: Justice Scalia Dead at 79
« Reply #41 on: February 15, 2016, 01:39:41 PM »
Up until now you really had to be insane to not get confirmed.

Well....considering how insanely divided our country is as far as political lines right now....it makes sense that this appointment is going to be a pain in the  :censored and another ingredient added to the mix that divides us even more.

And I'll continue to say it because it's absolutely true....if the roles were reversed a Democratically controlled Senate would do all they could to block the nominee of a Republican President who had already sat (2) "conservative" judges until after the elections. They'd pull out all the stops to make sure a third wasn't appointed. If Harry Reid and Co. want to pretend they wouldn't their lying to your face and the same goes for Democratic supporters as well.
Without Faith.....Without Hope.....There can be No Peace of Mind

Offline Scorpion

  • Unreal Heir
  • DTF.org Member
  • *
  • Posts: 9782
  • Gender: Male
  • Ragnarök around the Clöck!
Re: Justice Scalia Dead at 79
« Reply #42 on: February 15, 2016, 01:44:14 PM »
Yeah, Democrats in Congress are hypocrites.

That doesn't make it right for Republicans to do the same, at least in spirit (I know that it's not actually against the law).
scorpion is my favorite deathcore lobster
Hey, the length is fine :azn: Thanks!

Offline gmillerdrake

  • Proud Father.....Blessed Husband
  • DTF.org Member
  • *
  • Posts: 10506
  • Gender: Male
  • 1 Timothy 2:5
Re: Justice Scalia Dead at 79
« Reply #43 on: February 15, 2016, 01:48:19 PM »
That doesn't make it right for Republicans to do the same, at least in spirit (I know that it's not actually against the law).

for the record I don't think it's right. He's the President and it's his job to appoint when there's a vacancy. this stuff all evens itself out. My personal opinion about the entire state of this country and culture is way more 'spiritual' anyway and I see this as just another instance of 'careful what you wish for.' Appoint whichever 'liberal' judge you want....I really don't give a hoot. It's pretty evident the direction this country has taken over the past 15-20 years so why stop now.
Without Faith.....Without Hope.....There can be No Peace of Mind

Offline Scorpion

  • Unreal Heir
  • DTF.org Member
  • *
  • Posts: 9782
  • Gender: Male
  • Ragnarök around the Clöck!
Re: Justice Scalia Dead at 79
« Reply #44 on: February 15, 2016, 01:53:58 PM »
I don't think that Obama will appoint a super hardcore liberal. I mean, he might want to (though I wouldn't consider him all that liberal anyway), but he's not stupid. What's the point of nominating someone where the Republicans will actually be applauded for rejecting him by a broad majority?

If he nominates someone more to the centre, especially a District Judge that was already approved by a Republican Congress, then that makes the GOP look much worse, and knowing that a liberal judge would probably be pie in the sky anyway, why not force the other party to either reject someone they accepted as Disctrict Judge, thus making them look obstrucionist and hypocritical to independents, or have them go along with an appointment he makes and have them savaged by Ted Cruz et al. for being "weak", then I don't think it's much of a choice - not for somebody as entrenched in partisan politics as Obama (not that anybody in Washington is different, but he is certainly no exception), I'd guess.
« Last Edit: February 15, 2016, 02:03:10 PM by Scorpion »
scorpion is my favorite deathcore lobster
Hey, the length is fine :azn: Thanks!

Offline Chino

  • Be excellent to each other.
  • DT.net Veteran
  • ****
  • Posts: 19304
  • Gender: Male
Re: Justice Scalia Dead at 79
« Reply #45 on: February 15, 2016, 01:57:40 PM »
Call me crazy, but I'd like to see Rand Paul on the SC.

Offline gmillerdrake

  • Proud Father.....Blessed Husband
  • DTF.org Member
  • *
  • Posts: 10506
  • Gender: Male
  • 1 Timothy 2:5
Re: Justice Scalia Dead at 79
« Reply #46 on: February 15, 2016, 02:01:00 PM »
Call me crazy, but I'd like to see Rand Paul on the SC.

I would TOTALLY go for that.....my opinion of obama would do a 180 if he did something like that.
Without Faith.....Without Hope.....There can be No Peace of Mind

Offline Calvin6s

  • Posts: 3404
Re: Justice Scalia Dead at 79
« Reply #47 on: February 15, 2016, 02:01:34 PM »
.
« Last Edit: April 22, 2016, 05:04:57 PM by Calvin6s »
I wish death upon Mitch McConnell and Pat Robertson in comment sections all the time. I'll admit that I'd be thrilled if either one of them died of a stroke tonight.

Offline Scorpion

  • Unreal Heir
  • DTF.org Member
  • *
  • Posts: 9782
  • Gender: Male
  • Ragnarök around the Clöck!
Re: Justice Scalia Dead at 79
« Reply #48 on: February 15, 2016, 02:05:55 PM »
Is there any precedence for nominating someone with no judicial experience whatsoever?
scorpion is my favorite deathcore lobster
Hey, the length is fine :azn: Thanks!

Offline El Barto

  • DTF.org Alumni
  • ****
  • Posts: 19087
  • Bad Craziness
Re: Justice Scalia Dead at 79
« Reply #49 on: February 15, 2016, 02:09:34 PM »
Yeah, nominating a moderate is a no-brainer for Obama. For one thing he's already put two lefties on the court, so he can afford to pick a moderate. It's also good for his legacy. More importantly it's a foolproof strategic move. Scalia's death has really put the GOP in a bind, and this is his opportunity to really knock one out of the park. By refusing somebody like Sri Srinivasan, who's very qualfied, non-ideological and liked by both sides, the GOP look like assholes. Moreover, he could up the heat considerably by nominating someone even more of a minority. If the GOP is seen obstructing a black or female nominee who is qualified and already vetted, they're going to lose some votes over it. The kicker is that the democrats stand a reasonable chance of retaking the senate this year. Several of the contested states are places where this sort of political game will really hurt them. There are some republican senators who are going to have to weigh a very balanced scale of which harms them more, obstructing a well qualified minority or upsetting the party itself by backing one. That might be a lose/lose proposition for them.

The risk for the GOP in playing this sort of game is staggeringly high. They could easily lose the seat and their majority if they fuck this up, and all Obama has to do is pick a neutral nominee, of which there are many to choose from.
Argument, the presentation of reasonable views, never makes headway against conviction, and conviction takes no part in argument because it knows.
E.F. Benson

Offline El Barto

  • DTF.org Alumni
  • ****
  • Posts: 19087
  • Bad Craziness
Re: Justice Scalia Dead at 79
« Reply #50 on: February 15, 2016, 02:12:48 PM »
There is precedence for non-judicial justices, however Paul would be bad choice (despite the fact that I love some of his positions). He's and ideologue, and he's one with no judicial experience.
Argument, the presentation of reasonable views, never makes headway against conviction, and conviction takes no part in argument because it knows.
E.F. Benson

Offline Stadler

  • DTF.org Alumni
  • ****
  • Posts: 9907
  • Gender: Male
Re: Justice Scalia Dead at 79
« Reply #51 on: February 15, 2016, 03:09:41 PM »
I think el Barto is touching on something that not a lot of people have brought up:  "delaying" is only a tactic, and not a foolproof one at that.   If Obama elects a moderate, delay can really only hurt.  If the Senate and/or the Presidency is lost, then we're no worse off, and in fact might be better off, with an acceptable moderate now, than what we might get in the future. 


Offline El Barto

  • DTF.org Alumni
  • ****
  • Posts: 19087
  • Bad Craziness
Re: Justice Scalia Dead at 79
« Reply #53 on: February 15, 2016, 05:42:42 PM »
I wouldn't bet on her. As an administration insider she carries baggage. Moreover, her comments and motivations regarding race don't work in her favor. For Obama to pull off the grand slam he's going to have to put out a more acceptable candidate.

And personally, I absolutely despise prosecutors, so I don't like her as a nominee either.
Argument, the presentation of reasonable views, never makes headway against conviction, and conviction takes no part in argument because it knows.
E.F. Benson

Offline gmillerdrake

  • Proud Father.....Blessed Husband
  • DTF.org Member
  • *
  • Posts: 10506
  • Gender: Male
  • 1 Timothy 2:5
Without Faith.....Without Hope.....There can be No Peace of Mind

Offline El Barto

  • DTF.org Alumni
  • ****
  • Posts: 19087
  • Bad Craziness
Argument, the presentation of reasonable views, never makes headway against conviction, and conviction takes no part in argument because it knows.
E.F. Benson

Offline gmillerdrake

  • Proud Father.....Blessed Husband
  • DTF.org Member
  • *
  • Posts: 10506
  • Gender: Male
  • 1 Timothy 2:5
Re: Justice Scalia Dead at 79
« Reply #56 on: February 15, 2016, 07:48:23 PM »
http://www.nbcnews.com/news/us-news/scotus-analyst-tom-goldstein-loretta-lynch-most-likely-candidate-replace-n518916?cid=sm_tw&hootPostID=62c74691ec6c5a7ddc1bf5d714524bc0

This would be horrifying.....it's bad enough she's the Attorney General
Why?

she's given me no reason to believe she's one bit partial....IMO she's in the category of obama when it comes to their view on "where" America should be headed both culturally and Governmentally and where I'd like to see it go..they are the exact opposite. She WOULD NOT be the moderate appointee we've spoken about....she'd be the liberal, left leaner that I'd welcome the Repub's dicking around and blocking for as long as possible.

obama has a chance to show some sliver of leadership here and nominate one of the judges that we've mentioned who had uncontested Rep. support and would force the Repubs. to be the bad guys. If he nominates lynch...he's being a dick and is just playing politics to play politics. 
Without Faith.....Without Hope.....There can be No Peace of Mind

Offline jsbru

  • Posts: 959
Re: Justice Scalia Dead at 79
« Reply #57 on: February 15, 2016, 07:55:35 PM »
I think Obama may nominate Lynch initially simply to energize the far-right during the Republican primaries.  Anything that gives momentum to Trump or Cruz would be good for Democrats.

I think he eventually pulls her after super-Tuesday and nominates Srinivasan.
“The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side.”

― Hunter S. Thompson

Offline El Barto

  • DTF.org Alumni
  • ****
  • Posts: 19087
  • Bad Craziness
Re: Justice Scalia Dead at 79
« Reply #58 on: February 15, 2016, 10:25:28 PM »
http://www.nbcnews.com/news/us-news/scotus-analyst-tom-goldstein-loretta-lynch-most-likely-candidate-replace-n518916?cid=sm_tw&hootPostID=62c74691ec6c5a7ddc1bf5d714524bc0

This would be horrifying.....it's bad enough she's the Attorney General
Why?

she's given me no reason to believe she's one bit partial....IMO she's in the category of obama when it comes to their view on "where" America should be headed both culturally and Governmentally and where I'd like to see it go..they are the exact opposite. She WOULD NOT be the moderate appointee we've spoken about....she'd be the liberal, left leaner that I'd welcome the Repub's dicking around and blocking for as long as possible.

obama has a chance to show some sliver of leadership here and nominate one of the judges that we've mentioned who had uncontested Rep. support and would force the Repubs. to be the bad guys. If he nominates lynch...he's being a dick and is just playing politics to play politics.
Well, she's a career prosecutor, which tends to make her the law and order type. Hardly the pinko you might expect. More importantly, I don't think the onus is on her to prove herself ideologically pure. The obligation is for the senate to prove she's unfit for some reason, which they didn't do when she was nominated to AG.

However, your point is exactly why he won't nominate her. Too many people just assume that if she's from Obama's team she's automatically evil, for no other reason than her association. This is likely what hangs your side.


I think Obama may nominate Lynch initially simply to energize the far-right during the Republican primaries.  Anything that gives momentum to Trump or Cruz would be good for Democrats.

I think he eventually pulls her after super-Tuesday and nominates Srinivasan.
I don't see it. There's no reason to try and get clever with this. He has the high ground and the GOP will have a hard time climbing the hill. Why change the dynamic when the risk is entirely on the GOP?  Moreover, Trump and Cruz will be the first to balk at any nomination, no matter how reasonable they might be. He could pick the most conservative judge out there and they'll still use it to rile up the far right.
Argument, the presentation of reasonable views, never makes headway against conviction, and conviction takes no part in argument because it knows.
E.F. Benson

Offline jsbru

  • Posts: 959
Re: Justice Scalia Dead at 79
« Reply #59 on: February 15, 2016, 11:30:24 PM »
I don't see it. There's no reason to try and get clever with this. He has the high ground and the GOP will have a hard time climbing the hill. Why change the dynamic when the risk is entirely on the GOP?  Moreover, Trump and Cruz will be the first to balk at any nomination, no matter how reasonable they might be. He could pick the most conservative judge out there and they'll still use it to rile up the far right.

All very true, but if he at least maybe floated the name of someone anti-abortion but otherwise very reasonable for the next month while the bulk of the primaries are going on, it would definitely give Cruz a big boost.  And that would pretty much ensure the GOP has a brokered convention.  There's no way they'd let him be the nominee.  There would be out and out civil war.
“The music business is a cruel and shallow money trench, a long plastic hallway where thieves and pimps run free, and good men die like dogs. There's also a negative side.”

― Hunter S. Thompson

Offline Calvin6s

  • Posts: 3404
Re: Justice Scalia Dead at 79
« Reply #60 on: February 15, 2016, 11:33:41 PM »
.
« Last Edit: April 22, 2016, 05:05:14 PM by Calvin6s »
I wish death upon Mitch McConnell and Pat Robertson in comment sections all the time. I'll admit that I'd be thrilled if either one of them died of a stroke tonight.

Offline gmillerdrake

  • Proud Father.....Blessed Husband
  • DTF.org Member
  • *
  • Posts: 10506
  • Gender: Male
  • 1 Timothy 2:5
Re: Justice Scalia Dead at 79
« Reply #61 on: February 16, 2016, 07:22:46 AM »
However, your point is exactly why he won't nominate her. Too many people just assume that if she's from Obama's team she's automatically evil, for no other reason than her association. This is likely what hangs your side.

I won't deny that. As I said, his idea of America and my idea of America are two very different things. And he hasn't appointed a person yet who didn't fit his mold of the America he wants. Certainly his right as POTUS....but I don't see me ever agreeing with much of what he's done or will do, not just out of spite but due to our polar opposite views. 
Without Faith.....Without Hope.....There can be No Peace of Mind

Offline ThatcrazyKISSfan

  • Posts: 160
  • Gender: Male
Re: Justice Scalia Dead at 79
« Reply #62 on: February 16, 2016, 09:43:06 AM »
What I'd like to see (and this won't happen) is form just to nominate an ordinary lawyer. Someone who's been an attorney for 25 years and has just been practicing being an advocate for their clients.

Offline hefdaddy42

  • Whiskey Bent and Hell Bound
  • Global Moderator
  • *****
  • Posts: 40272
  • Gender: Male
  • RIP Dad 1943-2010
Re: Justice Scalia Dead at 79
« Reply #63 on: February 16, 2016, 10:10:39 AM »
Obama could win SCOTUS battle — even if GOP wins White House

A fascinating possible turn of events.  I have no doubt that Obama intends to nominate a moderate that no fair-minded Senator could fairly disapprove of, because when they DO disapprove of them (which they have already stated they intend to do), it will make them look terrible.

And if they insist on that strategy for the rest of the year, and the Democrats take the Senate while a Republican wins the Presidency, I hope this scenario actually happens, at which point Obama will possibly be able to make as liberal a choice as he wants.  I would laugh my ass off.

Of course, if the above scenario happens with the exception of Hillary or Bernie winning the Presidency, I imagine he would leave the nomination to them.
Hef is right on all things. Except for when I disagree with him. In which case he's probably still right.

Offline lordxizor

  • EZBoard Elder
  • *****
  • Posts: 2511
  • Gender: Male
  • and that is the truth.
Re: Justice Scalia Dead at 79
« Reply #64 on: February 16, 2016, 10:18:53 AM »
So of all the possible scenarios, the only one the the Republicans get what they want is if they get the presidency and maintain control of the senate. I'd say the likelihood of that happening is no better than a coin flip, maybe worse if they tick off independent voters by refusing to confirm a reasonable candidate. Are they willing to roll the dice? It will be interesting to see.

Offline El Barto

  • DTF.org Alumni
  • ****
  • Posts: 19087
  • Bad Craziness
Re: Justice Scalia Dead at 79
« Reply #65 on: February 16, 2016, 10:39:04 AM »
Obama could win SCOTUS battle — even if GOP wins White House

A fascinating possible turn of events.  I have no doubt that Obama intends to nominate a moderate that no fair-minded Senator could fairly disapprove of, because when they DO disapprove of them (which they have already stated they intend to do), it will make them look terrible.

And if they insist on that strategy for the rest of the year, and the Democrats take the Senate while a Republican wins the Presidency, I hope this scenario actually happens, at which point Obama will possibly be able to make as liberal a choice as he wants.  I would laugh my ass off.

Of course, if the above scenario happens with the exception of Hillary or Bernie winning the Presidency, I imagine he would leave the nomination to them.
Nominating somebody after the election actually would be highly improper. Obama is in the right now, but a lame duck appointment would be highly questionable, to say the least. Moreover, unless they're once again willing to invoke the nuclear option, which was a spectacularly dumbass thing to do the first time, as we may soon find out, the GOP will still have enough seats to filibuster the nomination.
Argument, the presentation of reasonable views, never makes headway against conviction, and conviction takes no part in argument because it knows.
E.F. Benson

Offline hefdaddy42

  • Whiskey Bent and Hell Bound
  • Global Moderator
  • *****
  • Posts: 40272
  • Gender: Male
  • RIP Dad 1943-2010
Re: Justice Scalia Dead at 79
« Reply #66 on: February 16, 2016, 11:01:26 AM »
It would certainly be irregular, but I think that "improper" is overstating it.  He is President from the time he takes the oath until the time the next guy takes the oath.

It is "improper" for Mitch McConnell to suggest that Obama shouldn't make a nomination at all, but rather should wait for the next President to do it.
Hef is right on all things. Except for when I disagree with him. In which case he's probably still right.

Offline Chino

  • Be excellent to each other.
  • DT.net Veteran
  • ****
  • Posts: 19304
  • Gender: Male
Re: Justice Scalia Dead at 79
« Reply #67 on: February 16, 2016, 11:05:02 AM »
It would certainly be irregular, but I think that "improper" is overstating it.  He is President from the time he takes the oath until the time the next guy takes the oath.

It is "improper" for Mitch McConnell to suggest that Obama shouldn't make a nomination at all, but rather should wait for the next President to do it.

If there was like a week left in Obama's presidency, I could see where Mitch was coming from (still wouldn't agree with him). But there's still almost a year left.

Offline El Barto

  • DTF.org Alumni
  • ****
  • Posts: 19087
  • Bad Craziness
Re: Justice Scalia Dead at 79
« Reply #68 on: February 16, 2016, 12:02:17 PM »
He officially becomes a lame duck after the election. The GOP is wrong that he shouldn't be making long term decisions now, but once his successor is elected it's customary for him to be included in the goings on.
Argument, the presentation of reasonable views, never makes headway against conviction, and conviction takes no part in argument because it knows.
E.F. Benson

Offline lordxizor

  • EZBoard Elder
  • *****
  • Posts: 2511
  • Gender: Male
  • and that is the truth.
Re: Justice Scalia Dead at 79
« Reply #69 on: February 16, 2016, 03:11:04 PM »
He officially becomes a lame duck after the election. The GOP is wrong that he shouldn't be making long term decisions now, but once his successor is elected it's customary for him to be included in the goings on.
I would normally agree, but if the Republicans want to be assholes about it and not confirm a reasonable candidate just on principle, I don't really have a problem with Obama being an asshole about it and pushing a candidate through in the scenario Hef mentioned above.