(09-28-2018 03:19 PM)Owl 69/70/75 Wrote: (09-28-2018 02:43 PM)OldOwlNewHeel2 Wrote: (09-28-2018 02:34 PM)tanqtonic Wrote: (09-28-2018 02:20 PM)OldOwlNewHeel2 Wrote: (09-28-2018 01:53 PM)tanqtonic Wrote: The Democratic attitude towards Republican SCOTUS picks going back thirty years hasnt helped either.
Look, there are issues with Kavanaugh no doubt. There are serious fing issues with the pretty constant tenor of 'burn the barn' coming from the Democratic ranks over the last thirty years.
Graham probably feels stupid (as he should) for taking the normal Republican stance of 'dont agree but qualified' with his votes. Them days is over..... (for some odd ongoing and persistent reason....)
Are you talking about Bork again? Just drop it with that guy. He participated in the Saturday Night Massacre. He was a historically unpopular nominee. He was voted down (note that he actually received a vote *cough* Garland *cough*) by six Republicans. The next Republican pick was Kennedy (97-0). Then Souter (90-9). Surely you're not going to make me defend the Thomas vote. Then it was 15 years until Roberts. If you're pointing to a 30-year pattern, I'm not seeing it. I also know none of this will make a difference to you, but I guess I'm a glutton for punishment.
Dude, there is a fing pattern with Bork, Estrada. When you plop in the 90+ votes for the friggin General Counsel of the ACLU, and the 70 votes for the equally radical Kagan and Sotomayor, and contrast with the 52 for Alito ---
yes there is a fing problem.
but please feel free to isolate to one vote.
As for Bork, yep, the entire script of personal attack versus professional disagreement was very much put into place. I suggest you actually compare your paragraph with what the supposed Lion of the Senate ripped Bork on. Just a tad different.
I guess with your paragraph above that would perfectly okay to equate this shitshow with being 'okay' since Kavanaugh was with the Starr investigation. Same difference there as you allege above, so go for it,
Yeah, still not seeing a "30-year" pattern. Also, you forgot the 0 votes for Garland. And what was the rationale for that, again?
Just for grins, after the events of the last few weeks, how many votes do you think Garland could get from this senate, or any senate with a republican majority?
What do you mean? He got 0 before the events of the last few weeks, so why would that change now? Look, I'm happy to give you guys the last word on this one, but I'd like to throw in a couple of points that I think should also inform the analysis - or at least add some context to the raw vote numbers.
First, I think lamenting the demise of the "I disagree, but qualified" standard cuts both ways, in the sense that nominees (SCOTUS for sure, COA for sure, maybe not 100% for district court) now basically have to meet an ideological purity test to get on the short list anyway. There's no way in hell Souter or Brennan would ever be a conservative nominee nowadays. Consequently, predicting nominee ideology is much easier to do than it was 40 years ago.
Second, the ideological sorting of the parties is now complete, meaning bipartisan agreement on nominees, just like bipartisan agreement on literally anything else, will be harder to come by. Given the first point, it also means that parties can reliably predict that the other party's nominees will achieve outcomes completely contrary to their ideologies. This, of course, raises the stakes for each nomination.
Third, more and more "topics" (for lack of a better term), are becoming polarized. Pick virtually any topic important to a large number of people, and there's a fair bet you can tell what side republicans will take, and what side democrats will take. That means there are fewer and fewer cases decided by the Supreme Court that don't implicate some ideological disagreement. This, in turn, raises the stakes even more.
When you add in circumstances specific to each nominee, things get even more bonkers. If Kavanaugh were replacing Thomas, for instance, maybe you wouldn't see such disagreement (although, in the wake of Garland, who knows. But one might argue that the pushback on Garland was related to the fact that he was replacing Scalia. Had he been replacing Kennedy, maybe not as much pushback?).
Anyway, given these circumstances, what's the solution? Or are we just forever doomed to partisan heel-digging for every nominee until the end of time?