BlueGin
Diamond Member
- Jul 10, 2004
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There are no moderate democratsQuite obviously, there is a political reality to the death of Justice Scalia.
The court is split 4-4 between those appointed by Republican Presidents and those appointed by Democratic Presidents. If party lines are not crossed, there will be a lot of lower court decisions that remain since a 4-4 decisions by the Supreme Court let the lower court rulings stand. I believe that the new formation of the court in the next session can decide to re-hear the cases once the bench is filled. So we may just be hitting the pause button on a lot of cases.
The intersection of our presidential politics and the constitutional duties of the President have, perhaps, never been more interesting. Can you imagine it? The Senate's Majority Leader has said that there will be no hearings this year. This is pretty absurd but whatever...most people do not know enough about the workings of the SCOTUS to weigh in responsibly and whether we need 9 justices or not. As stated...it will amount to hitting the "pause button" on a lot of cases. Anyway...the people do not want to hear about what they don't know; to most Americans, you don't wait a year to fill a vacancy on the Supreme Court...its dumb.
So lets say that the Senate gives in to what is sure to be the overwhelming public opinion and has hearings. Obama nominates a....well, does it matter? Reflexively, the GOP congress will hate them. Eventually, whoever the eventual nominee that makes it out of committee makes it to the floor and the Senate is set to approve the nominee...It's mid May or June.
Meanwhile the California Primary and it's hundreds of delegates are up for grabs. Cruz is still in it but he has to do this filibuster. The entire Senate despises this dude so they are happy to schedule the vote on the day of the primary so he has to be in Washington talking about non-sense.
Meanwhile the Senate has 24 GOP seats up for grabs. The Dems need to take 4 to re-take the Senate. Its almost a given that they will.
It may be wise to negotiate with Obama over a nominee rather than have zero input next year with Hillary picking the nominee with a Democratic controlled Senate.
Or... even worse for the GOP, Bernie could win. That's a serious gamble on their part.
If Obama nominates a moderate Hispanic, the GOP will be against a wall. Their true "right wing loser" colors will come out.
Obama won't nominate a moderate anything