Except many of those proposals like the mandate were Republican proposals that the Republican candidate in 2012 had even implemented. You can't claim that the other side is willing to compromise when your starting position is to defeat everything the other side presents. That's a big gamble that the GOP will win the election. As noted the GOP has done very poorly in the Presidential year elections. Obama might've done a good job getting Republicans elected except when it came to 2008 and 2012. In 2008 he did a great job getting both himself elected and had some pretty good coattails too. It's very much within the realm of possibility that the Dems win the presidency and retake the senate. In which case a Dem president and senate in 2017 appoint a even more liberal USSC Justice. All that said though my own feeling is that we won't have an approved justice seated until the next Congress and Presidency. This isn't a matter of duty but a matter that both parties will want this as a campaign issue.
The Scalia family have my sympathy. It is very difficult to cope with the loss of a close family member. I've been there, more than once. I won't speak to Scalia's record, as it speaks for itself, but rather to the paramount topic on President Obama's plate today - who will he nominate? For those Republicans who seriously believe that the President will ignore his duty and not nominate a replacement for the late Justice Scalia, I have this to say. Dream on. Of course he will. Who that person will be is something I will have a great deal of interest in, of course, as will the rest of America, at least the percentage that pays attention to these topics. Hopefully a higher percentage than the number who pay any attention to mid-term elections, and I expect that number to be much higher. We always have a much higher turnout from Democrats for presidential elections. If the Republican Senate under McConnell's "leadership" refuses to even bring Obama's nomination, whoever that person is, up for a vote? Something McConnell is saying even before Justice Scalia's body is in the ground? Democratic turnout will be galvanized. The Republican Party will look obstructionist, afraid, and reactionary. They will look weak. This doesn't look good for the GOP. If the President nominates a moderate justice, one from the Federal bench who was confirmed with a strong bipartisan vote, and McConnell, Cruz and company denounces the nomination and refuse to take it up, Hell is going to be raised and the turnout for the Democratic nominee, whoever that is, and the turnout for the down ballot races will be big. 2008 big. Count on it. Is that truly what the Republican leadership wants? I hope so.
Cheney said in some documentary that he put candidates through some fairly arduous vetting, at least in terms of requesting multiple years of financial and personal records, which probably scared away or annoyed some prospects. Separately I believed that Bush's fairly quick ascent and perceived lack of engagement made a lot of senior Republicans a little resentful at having to run or serve under him. It's also possible they were uncertain he would win and didn't want to risk their bicameral majorities at the time.
The point is that both parties would act exactly the same way if the roles were reversed. If there was a conservative president on his way out the door and a very liberal SC justice died, a Democrat controlled congress would do all they could to prevent any nomination that wasn't either liberal or at very least a left leaning moderate. That's just how these things are.
I've done some additional reading and from what I can tell, a recess appointment right now falls within the guidelines set by the recent NLRB ruling. So that's another negotiating chip the Senate must consider. Would they rather have some say in the process or none at all?
The Senate can just never officially recess and avoid that scenario. Someone just has to show up every 2 or 3 days and bang a gavel, I believe.
Sri Srinivasan as the next justice? Do you think evangelicals would revolt because he is a Hindu (at least he is not a mooslim)?
McConnell, in 2005: “The Constitution of the United States is at stake. Article II, Section 2 clearly provides that the President, and the President alone, nominates judges. The Senate is empowered to give advice and consent. But my Democratic colleagues want to change the rules. They want to reinterpret the Constitution to require a supermajority for confirmation. In effect, they would take away the power to nominate from the President and grant it to a minority of 41 Senators.” And this: “[T]he Republican conference intends to restore the principle that, regardless of party, any President’s judicial nominees, after full debate, deserve a simple up-or-down vote. I know that some of our colleagues wish that restoration of this principle were not required. But it is a measured step that my friends on the other side of the aisle have unfortunately made necessary. For the first time in 214 years, they have changed the Senate’s ‘advise and consent’ responsibilities to ‘advise and obstruct.'” And btw, Bush was able to make his nomination and that nominee had an up-down vote.
Except that they are actually on recess RIGHT NOW (both houses voted for an adjournment until Feb 23). I have no doubt that a recess appointment will be challenged in court, but the existing precedent would not be on their side.
So republicans are refusing to do their constitutionally appointed duty in order to play politics. Anyone surprised? GOP is sinking into a party that cares not for the constitution but rather their own right-wing agenda. Really sad for america that one party is a petulant child.
Dems have blocked votes on candidates before too. What's different and uniquely lame here is that Scalia's body is not even cold*, and there's all this verbiage and posturing (EDIT: yep, from both sides) before we even have a nominee to discuss. I would actually give them all more respect if they'd just wait for the normal process, constitutionally provided, and then decide if they're going to filibuster or vote. It would certainly look more mature, if American voters cared about that. * (trigger warning: thermal physics and death) Spoiler We approach room temperature asymptotically, and the higher our volume to surface area ratio, and the higher our mass, the slower the process.
Obama was guilty of the same thing last night. He had to hustle to get his message out prior to the GOP debate.
Nominate a moderate both parties can live with and get on with the nation's business. There are many important decisions pending before the supremes this year.
This is totally wrong. Scalia body is probably plenty cold by now. Shortly after discovering it, the Justice's body was most likely translated to a refrigerated facility where it currently sits.
