Justices cannot be put on the bench without the approval of the senate, so it does matter. The election of both the president and the senate are relevant when it comes to a SCOTUS appointment. The constitution says that appointments have to be approved to be placed on the bench, not that the Senate has to go forward with every or any appointment the president makes. They decide what they will hear and what they won't hear. That's true with law just as it is true with SCOTUS nominees. Now I'm sure if the president wants to truly negotiate to get his candidates their hearings, like say not vetoing it when they put a bill on his desk repealing Obamacare for example, then maybe they can work something out. Of course, that won't happen so you get stalemate.
Yes, it is a freeing realization. There are others much more willing to actually dialogue in good faith, or... to bear true witness, in modern terms.
Well, Mr. Obama does have the option to do recess appointment, apparently until Monday when the Congress is back in session. http://www.scotusblog.com/2016/02/is-a-recess-appointment-to-the-court-an-option/ https://en.wikipedia.org/wiki/Recess_appointment http://www.washingtontimes.com/news...l-supreme-court-vacancy-with-recess/?page=all "White House officials say they don’t expect Mr. Obama to make a recess appointment and that he will wait until the Senate is back in session next week before nominating a successor to Justice Scalia and pushing for a confirmation vote."
Sure, maybe Obama could pull that off and get a temporary Justice on the bench for less than a year, but they would be removed upon the end of the congressional session and that would do wonders towards getting Republicans elected. You would be sure that the replacement for that justice would be a far right wing conservative out of spite. Anything to avoid compromise or being a good president.
I don't see why people say it would promote the GOP getting more seats. It's obvious that the Senate won't consider a nominee and there are rulings coming up in this next year that need a full court. Overcoming obstruction looks like good Presidening to me/ It does say that in the last article above, but no one explains the thinking.
Why doesn't Obama just put some one on the court. Let the republicans sue him. Who would have Original Justification of the case? If it does get appealed to supreme court can they even try it since it would be a conflict of interest?
King Obama doing all he can to circumvent congress and the will of the people simply because he wants things his way would be a really good way to get people to vote against Democrats.....it certainly has been in the past. Again, Obama could work with the Senate to get them to change their minds, but that would require true compromise and some sacrifice on his part that he's simply not, and hasn't ever, been willing to consider. If Obama wants Republicans to do something that is against their own best interest and in their opinion the best interest of the country, he'd have to give them a reason to do so.....but as always he'll try to go around the system when people don't just do what he wants. That's a big part of the reason why he has such a bad relationship with Congress in the first place.
GOP continue to set new extremist precedents. The Senate's Supreme Court Blockage Has Never Happened in American History
Not sure why everyone is so up in arms about this on this forum... A. would you rather the Senate just show face pretend to listen in regards to nominees from the President...only to further embarrass candidates and their families nationally? B. or take a harsh stance...as Sen. McConnell and the congressional committee did today. In a weird way, I believe that this is the way government keeps her branches checked and balanced. AND its working. Congress surely is making a very bold powerplay...Perhaps this is the first time Congress grew a pair and was willing to "risk" these seats which are up for reelection...seats that Democrats so firmly believe will be theirs...Sure seems like a high stakes political gamble by senate republicans, so why are democrats so worried? if the system works as it should, the nation/the people will make the appropriate corrections during the national election.
I just love how some people dont think the rules apply to them. Would you be ok if a Republican president did this? I think not.
All I'll say is that is indeed a "weird way" to the see checks and balances working. All we need for your way to grow is to have the SCOTUS simply refuse to keep meeting until they get green M&M's, and then have the president refuse to sign or veto legislation on his desk until the whole Congress is liberal. (Oh, that's right -- this congress doesn't really do legislation. Whoops.)
It's just so easy to be a Republican -- be close-minded and be an assclown. Which both are easy to be. Learning takes effort. Not learning doesn't. Which is why I think the next President will be a Republican, as hard as that is to admit. Their base is just more energized right now. And ignorance runs rampant throughout the country.
I don't expect the Obama fan club to realize the truth of it. Anyway, it's pretty clear to most outside that group.
It's a very bizarre argument that Obama is the one who is being uncooperative when he hasn't even named a nominee. McConnell is saying he won't hold hearings over a purely speculative candidate. Also in regard to the Constitutional prerogative the Senate has advise and consent. By saying they won't have hearings at all when a nominee hasn't been named they are clearly failing in the advise portion of that. Consent is granted when they vote on a nominee but at this point they are preventing even that.
I don't see that way, I think a majority of people (in elections that can't be gerrymandered) see the GOP for what they are, recalcitrant children holding their breath until they turn blue.
Like I said about Republicans being more energized -- over 30,000 voted for Trump in Nevada while the 2 Dems got only 11,000 votes combined. People just want to vote for the "cool" guy.
The logic seems very clear to me, but I will be accused of partisanship. I guess the right wing will argue Obama's track record (sic) has closed this door. But it's clearly a tantrum, taking our politics to the next level of "our way or no way." They never think of the long term consequences of moving our politics step by step in that direction. Each step is very difficult to undo.
This is the plain truth. People here trying to justify what Republicans are doing would be outraged and unable to contain themselves if the circumstances were reversed.