(03-24-2017 12:41 PM)Owl 69/70/75 Wrote: (03-24-2017 10:38 AM)Fort Bend Owl Wrote: Politico was floating a deal of sorts that the Democrats promise not to filibuster if the Republicans promise not to use the nuclear option for any additional SC nominees that might come up in the next four years. I'd be fine with that - Scalia for Gorsuch is a reasonable trade. But I'd be very concerned who they might want to replace a retiring Ginsberg with as an example.
My idea is no filibuster on Gorsuch in exchange for naming Garland to replace the first liberal who goes - Ginsburg, Breyer, Kagan, or Sotomayor.
I personally think that the idea of "seats" is stupid. President wins election, he picks. Senate confirms if they go along.
As our illustrious last President was so eloquent in stating -- "Elections have consequences. And at the end of the day, I won." Replace "I" with "Trump" *and* "Republicans won the Senate."
The SC nominations were poisoned when Bork got borked. The fact that Alito was filibustered and only got 52 votes is evidence of that slide. As is that almost less than 60 votes accorded to Kagan and Sotomayor. The simple fact is that Gorsuch is in what would have previously been related to as emminently suitable for the SC, as was Scalia (90 votes+), Bork (borked), Sotomayor (60 ish votes), Kagan (same as Sotomayor).
The fact that amongst these, whom is perceived (not really properly, imo) as the most 'political' is Scalia who got 90 plus votes.
But now being a self-avowed follower of the Federalist Society is somehow viewed as an existential threat to to the legal world makes me want to vomit -- yet somehow the ex-General Counsel of the ACLU is not perceived in even anywhere near the same revilement..... Go figure....
The funny thing here is that the Democrats are being skewered with rules and rules changes of their own making.
First 'rule' that will be ironic is the death of the filibuster with this move, the process that they not only started but pretty much guttted it saving only the vestige now in play. So if they want to filibuster -- go for it. Their option. Stupid to do since the last vestige of filibuster of appointments will disappear *solely* to appoint someone who is eminently qualified to be on the SC bench. And far more palatable politically than some that might follow on. Stupid person to p-ss away the filibuster for, especially when they could actually gain political points for sacrificing the filibuster on a Pryor for Ginsburg or Pryor for Kennedy transition. But cant fix dumb when faced with an electorate baying at your heels I guess.
Second 'rule' that they set in play that is biting them is starting the politicization of the choice with the Bork borking. Republicans didnt even bork Merrick, they just set it aside as the majority and saying de facto we will consider this next year. But that political decision is nothing more than the eventual outcome of decades of that SC appointment stuff politicization being exercised the other way --- the Republicans finally have learned the lesson afforded to them through Bork, Estrada, Miers, Alito, (and many many others at the lower levels) and paid it back with a crowning achievement in that regard.
The singular fact is it is the Democrat's borking of Bork that led to this juncture. The Repubicans weighed the political calculus of a silent borking (albeit by the majority) and came to the conclusion of what the Democrats did for Bork and for a lesser extent Alito that they could do with Merrick. And the calculus paid off.
The lesson should be "Win some elections" for the Democrats, as the Republicans have now shown that they can play the same sewage game the Democrats have done here for decades. The ability to play that power game makes the Republican efforts for Kagan and Sotomayor look like what the Astros are to Westbury Little League teams.
To be blunt, the course set out in Bork was not a good one. Was ashamed that Alito had to overcome a filibuster and only get 52 votes. Was ashamed that Kagan and Sotomayor got only 60-ish votes. But now two teams can play the same political games in the arena like pros, instead of one playing like a Double A team in that regard.
/
Supreme Court nomination
