Breaking: Justice Scalia has died

[jon_berzerk]

a recess appointment can only be done WHEN THE SENATE HAS DECLARED ITSELF IN RECESS. The GOP controls the senate, they will not declare a recess as long as this remains unsettled.

I was listening to the news today and learned something interesting.

The Senate is currently in recess and is not scheduled to return until February 22nd. So the reality is that Obama could appoint a recess appointment now before the Senate returns to session.

(McConnell saying there will be no nominations accepted could bite him in the ass.)

>>>>

they are not in recess

they as usual will adjourn from time to time

 

[jon_berzerk]

He's just another Supreme Court justice who died, and as I said, watch the Repubtibums play politics with his death.

The way Obama has been going after our guns.....I predicted a few years ago that Scalia would probably be killed in a car accident or die of natural causes during Obama's second term.

I never thought it would actually happen......

thomas is next in line,,,,,and btw no ones taking your guns away ,,,that's republican clap trap or in french bullshit

I remember they said the same exact Bull Shit when it was suggested that Obama would grant amnesty to illegals and give them free benefits, including health care.

And yet he's doing it.

actually he has been stopped on that by the courts

 

[Faun]

Even a 4-4 tie could leave Obama's executive orders remaining.

No. That assumes that the lower courts would side with Obama!

That's why I said, "could".

Well, I could win the lottery this week, but I won't if I never buy a ticket!

And the chances of that are ... ?

The odds of me winning the lottery next week are about the same as a lower court siding with Obama on a blatantly unconstitutional executive order. He gets smacked by the courts so often I wonder if he is a masochist. After all, he did marry a woman built like she could play linebacker for the Bears.

I count two EO's overturned by the Judiciary. Immigration and recess appointments.

 

[PaintMyHouse]

they are not in recess

Yes, they are: U.S. Senate: Calendars and Schedules

 

[paperview]

they are not in recess

Yes, they are: U.S. Senate: Calendars and Schedules

Howsomever:

Pro Forma Sessions -- Agreement: A unanimous - consent agreement was reached providing that when the S enate completes its business on Friday, February 12, 2016, it adjourn, to then convene for pro forma sessions only, with no business being conducted on the following dates and times, and that following each pro forma session, the Senate adjourn until the next pro forma session: Monday, February 15, 2016, at 11:00 a.m., and Thursday, February 18, 2016, at 9:00 a.m.; and that when the Senate adjourns on Thursday, February 18, 2016, it next convene at 3:00 p.m., on Monday, February 22, 2016, unless the Senate receives a message from the House of Representatives that it has adopted S. Con. Res. 31 ; and that if the Senate receives such a message, it stand adjourned until 3:00 p.m., on Monday, February 22, 2016.

http://www.scotusblog.com/wp-content/uploads/2016/02/Pro-Forma-Sessions.pdf

 

[Admiral Rockwell Tory]

No. That assumes that the lower courts would side with Obama!

That's why I said, "could".

Well, I could win the lottery this week, but I won't if I never buy a ticket!

And the chances of that are ... ?

The odds of me winning the lottery next week are about the same as a lower court siding with Obama on a blatantly unconstitutional executive order. He gets smacked by the courts so often I wonder if he is a masochist. After all, he did marry a woman built like she could play linebacker for the Bears.

I count two EO's overturned by the Judiciary. Immigration and recess appointments.

Good! You can count to two. Maybe next week we will try for three!

 

[Arizona Willie]

The "El Presidente" suite where Supreme Court Justice Antonin Scalia was found dead at Cibolo Creek Ranch the day following his passing at the West Texas Resort ranch that stretches over 30,000 acres, February 14 , 2016 in Shafter, Texas.

Photo by Matthew Busch/Getty Images

"The death certificate for Supreme Court Justice Antonin Scalia will list myocardial infarction, or a heart attack, as the cause of death, Presidio County Judge Cinderela Guevara tells ABC Dallas affiliate WFAA. Scalia’s body was taken to an El Paso funeral home overnight, where it is likely to stay until Monday, when it is expected to be flown to northern Virginia.

Guevara recounted to WFAA how she found out about Scalia’s death through a spotty cell phone connection, which is hardly uncommon in Far West Texas. She pronounced Scalia dead over the phone at 1:52 p.m. on Saturday. “As part of my investigation, one of the things I did ask the sheriff and the U.S. Marshal: 'Were there any signs of foul play?' And they said, ‘absolutely not.’ At that time, I still wanted to be careful, and asked them if [Scalia’s] physician would call me.” The doctor called Guevara on Saturday evening and told him the late justice suffered from several chronic ailments."


Judge: Scalia Died of a Heart Attack

=========
How could he? He didn't have one.

LMAO!!! SPOT ON.
Women and minorities should be dancing in the streets right now.

Save it, boys, for later. Few deserve to have people dance on their graves, and he wasn't one of them.

============
That's right.

I don't want to dance on his grave

I want to piss on it

 

[eagle1462010]

No. That assumes that the lower courts would side with Obama!

That's why I said, "could".

Well, I could win the lottery this week, but I won't if I never buy a ticket!

And the chances of that are ... ?

The odds of me winning the lottery next week are about the same as a lower court siding with Obama on a blatantly unconstitutional executive order. He gets smacked by the courts so often I wonder if he is a masochist. After all, he did marry a woman built like she could play linebacker for the Bears.

I count two EO's overturned by the Judiciary. Immigration and recess appointments.

Perhaps you could relay that information to another poster who says that doesn't exist.

 

[Flopper]

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.

Somehow, I think sticking it to this President will override that concern. Who knows, maybe they know they already look like dirt to that demographic and will jsut say, "fuck it".

The political reality of Justice Scalia's death is likely the greatest blow to the Conservative Movement since Stonewall Jackson being killed by his own men. R.E. Lee was reported to have said that he had just lost "his right arm". The conservative anchor of the high court has passed. And us liberals have a golden opportunity to sieze the court for the next generation (or 2) if we don't screw up and nominate Bernie Sanders who simply cannot win in the General Election unless there is a MAJOR gaffe by his Republican Opponent. And by MAJOR gaffe, I'm saying something along the lines of using a racial slur or flashing a Crips or Bloods gang sign at a rally....

Its time for the Democrats to get serious about the election and install Secretary Clinton as their standard bearer. She is not only the best qualified person on either side in this election, she is the best qualified to take on the GOP. Obama's first year to eighteen months was almost criminally naive in terms of what he expected from Congress. Ms. Clinton will have no such illusions about the opposition. For them, it's party over people, principles that are for sale to the highest bidder, and a morally bankrupt constituency that seems to think a realty TV star is our best bet going forward.

These are the stakes; not only for the time and place but for the nation. I mean, who is he going to nominate for the High Court? Judge Judy...based on the fact that more people listen to her decisions than any other judge?


As we discuss the political reality, we should keep in mind that Justice Scalia had a large family and was admired (if not agreed with) by his contemporaries. He was a remarkable public servant who deserves our thanks for his service. We need more people like him--who will put up with the slings and arrows for 30 years in the public limelight when he could be making millions upon millions in private practice.

I agree with most of your statements however, I think we should be looking for really fair impartial judges. With the exception of political junkies, I think this is really what most Americans want. In so many countries, judges are bought and paid for before they ever sit on the bench. They serve their masters, not the people.

I would invite you to closely examine Chief Justice Robert's status of "bought and paid for"; after being appointed by President Bush 43, I think those who bought Mr. Roberts may be asking for a refund. Additionally, didn't Anthony Kennedy get appointed by Reagan or Bush 41? Now he's seen as left leaning.

Moreover, I'll quote "Larry the Liquidator" from the great but overlooked movie, "Other People's Money". He is discussing lawyers with Penelope Ann Miller and comes off with this brilliant quote; "They're like nuclear warheads. They have theirs, so I have mine. Once you use them, they fuck up everything." If you can assure me that there will be no more Citizens United rulings, no more rulings that allow States to draw any voting district those in power want, allow companies sell our information to anyone with 2 nickles...I'll be happy to appoint Dudley Do-Right to the bench. Until then, I want someone who leans toward protecting privacy, protecting freedom of choice in reproductive rights, and someone who thinks there is probably some connection between 300 zillion guns on the streets and our outsized number of gun deaths

Whether we're conservative or liberal, we need to be looking for judges that know the law, the constitution, and can put their personal and political beliefs aside and judge cases based on their merit. Unfortunately in Washington, a good judge is one that will rule in favor of issues you support regardless of the law or case.

Well, that's just human nature when you have to be the decision maker or arbiter. It's a very tough gig and as I stated, I admire justices like Scalia who put up with 30 years of being called every name in the book when they could be pocketing 7 figures easily in the private sector.

---

I would be tickled pink if we could find a surrogate that agrees to serve until the Senate confirms a new justice. Get someone universally respected like Bob Dole or Warren Rudman or Sandra O'Connor to fill in until the new President is sworn in on the condition that there is no filibuster of the new President's choice. It would be a terrible deal for the Dems likely but we would have some decisions handed down instead of allowing partisan politics to first delay the decisions then delay the appointment of a new justice....

It seems most Republican feel the right course is to delay any confirmation until a new president is in the white house and if that new president is a democrat then the Senate should just sit on any nomination for as long as it takes to get a true conservative nominee like Scalia. The problem with this thinking is the court as it stands today, without Scalia is a much more liberal court and there is certainly no guarantee that the next president is going to be a republican or the next Senate will have a republican majority. I think this does open the possibility of some negotiation between McConnell and Obama. Republicans might settle for a middle of road nominee if it looks like the next president is likely to be a democrat or vice versa.

Until the late 1930's, no one seem to be concerned about the court being partisan. A president might nominee someone that they felt would render a favorable ruling for the railroads, banks, or the union, or whatever but not because they were a liberal or conservative or any particular political ideology.

Over the last 40 years, the public perception of justices is that they are just politicians wearing black robes. The criteria for nomination is whether the nominee will carry the party line. Objectivity, knowledge of law, and intelligence are all secondary.

Yes, there are judges that turn on their masters and render surprising verdicts. However, from the Pew 2012 study on partisan polarization, each side is getting much better at grooming future nominees. Grooming starts decades before they are every placed on the president's short list. These candidates are often affiliated with networks of conservative or liberal lawyers that have replaced more neutral groups like bar associations. And they are drawn more than ever from federal appeals courts, where their views can be closely monitored. The goal of course to find potential nominees that will vote along ideological lines ignoring arguments and statues contrary to those lines.

Once we accept that it's ok for the highest court in the land to render verdicts based not on law, evidence, and arguments but on political, religious, and economic ideology, what does that say about our judicial system.

 

[eddiew]

The "El Presidente" suite where Supreme Court Justice Antonin Scalia was found dead at Cibolo Creek Ranch the day following his passing at the West Texas Resort ranch that stretches over 30,000 acres, February 14 , 2016 in Shafter, Texas.

Photo by Matthew Busch/Getty Images

"The death certificate for Supreme Court Justice Antonin Scalia will list myocardial infarction, or a heart attack, as the cause of death, Presidio County Judge Cinderela Guevara tells ABC Dallas affiliate WFAA. Scalia’s body was taken to an El Paso funeral home overnight, where it is likely to stay until Monday, when it is expected to be flown to northern Virginia.

Guevara recounted to WFAA how she found out about Scalia’s death through a spotty cell phone connection, which is hardly uncommon in Far West Texas. She pronounced Scalia dead over the phone at 1:52 p.m. on Saturday. “As part of my investigation, one of the things I did ask the sheriff and the U.S. Marshal: 'Were there any signs of foul play?' And they said, ‘absolutely not.’ At that time, I still wanted to be careful, and asked them if [Scalia’s] physician would call me.” The doctor called Guevara on Saturday evening and told him the late justice suffered from several chronic ailments."


Judge: Scalia Died of a Heart Attack

better get a forensic guy to test for poison

 

[eagle1462010]

If Obama nominates a moderate Hispanic, the GOP will be against a wall. Their true "right wing loser" colors will come out.

Somehow, I think sticking it to this President will override that concern. Who knows, maybe they know they already look like dirt to that demographic and will jsut say, "fuck it".

The political reality of Justice Scalia's death is likely the greatest blow to the Conservative Movement since Stonewall Jackson being killed by his own men. R.E. Lee was reported to have said that he had just lost "his right arm". The conservative anchor of the high court has passed. And us liberals have a golden opportunity to sieze the court for the next generation (or 2) if we don't screw up and nominate Bernie Sanders who simply cannot win in the General Election unless there is a MAJOR gaffe by his Republican Opponent. And by MAJOR gaffe, I'm saying something along the lines of using a racial slur or flashing a Crips or Bloods gang sign at a rally....

Its time for the Democrats to get serious about the election and install Secretary Clinton as their standard bearer. She is not only the best qualified person on either side in this election, she is the best qualified to take on the GOP. Obama's first year to eighteen months was almost criminally naive in terms of what he expected from Congress. Ms. Clinton will have no such illusions about the opposition. For them, it's party over people, principles that are for sale to the highest bidder, and a morally bankrupt constituency that seems to think a realty TV star is our best bet going forward.

These are the stakes; not only for the time and place but for the nation. I mean, who is he going to nominate for the High Court? Judge Judy...based on the fact that more people listen to her decisions than any other judge?


As we discuss the political reality, we should keep in mind that Justice Scalia had a large family and was admired (if not agreed with) by his contemporaries. He was a remarkable public servant who deserves our thanks for his service. We need more people like him--who will put up with the slings and arrows for 30 years in the public limelight when he could be making millions upon millions in private practice.

I agree with most of your statements however, I think we should be looking for really fair impartial judges. With the exception of political junkies, I think this is really what most Americans want. In so many countries, judges are bought and paid for before they ever sit on the bench. They serve their masters, not the people.

I would invite you to closely examine Chief Justice Robert's status of "bought and paid for"; after being appointed by President Bush 43, I think those who bought Mr. Roberts may be asking for a refund. Additionally, didn't Anthony Kennedy get appointed by Reagan or Bush 41? Now he's seen as left leaning.

Moreover, I'll quote "Larry the Liquidator" from the great but overlooked movie, "Other People's Money". He is discussing lawyers with Penelope Ann Miller and comes off with this brilliant quote; "They're like nuclear warheads. They have theirs, so I have mine. Once you use them, they fuck up everything." If you can assure me that there will be no more Citizens United rulings, no more rulings that allow States to draw any voting district those in power want, allow companies sell our information to anyone with 2 nickles...I'll be happy to appoint Dudley Do-Right to the bench. Until then, I want someone who leans toward protecting privacy, protecting freedom of choice in reproductive rights, and someone who thinks there is probably some connection between 300 zillion guns on the streets and our outsized number of gun deaths

Whether we're conservative or liberal, we need to be looking for judges that know the law, the constitution, and can put their personal and political beliefs aside and judge cases based on their merit. Unfortunately in Washington, a good judge is one that will rule in favor of issues you support regardless of the law or case.

Well, that's just human nature when you have to be the decision maker or arbiter. It's a very tough gig and as I stated, I admire justices like Scalia who put up with 30 years of being called every name in the book when they could be pocketing 7 figures easily in the private sector.

---

I would be tickled pink if we could find a surrogate that agrees to serve until the Senate confirms a new justice. Get someone universally respected like Bob Dole or Warren Rudman or Sandra O'Connor to fill in until the new President is sworn in on the condition that there is no filibuster of the new President's choice. It would be a terrible deal for the Dems likely but we would have some decisions handed down instead of allowing partisan politics to first delay the decisions then delay the appointment of a new justice....

It seems most Republican feel the right course is to delay any confirmation until a new president is in the white house and if that new president is a democrat then the Senate should just sit on any nomination for as long as it takes to get a true conservative nominee like Scalia. The problem with this thinking is the court as it stands today, without Scalia is a much more liberal court and there is certainly no guarantee that the next president is going to be a republican or the next Senate will have a republican majority. I think this does open the possibility of some negotiation between McConnell and Obama. Republicans might settle for a middle of road nominee if it looks like the next president is likely to be a democrat or vice versa.

Until the late 1930's, no one seem to be concerned about the court being partisan. A president might nominee someone that they felt would render a favorable ruling for the railroads, banks, or the union, or whatever but not because they were a liberal or conservative or any particular political ideology.

Over the last 40 years, the public perception of justices is that they are just politicians wearing black robes. The criteria for nomination is whether the nominee will carry the party line. Objectivity, knowledge of law, and intelligence are all secondary.

Yes, there are judges that turn on their masters and render surprising verdicts. However, from the Pew 2012 study on partisan polarization, each side is getting much better at grooming future nominees. Grooming starts decades before they are every placed on the president's short list. These candidates are often affiliated with networks of conservative or liberal lawyers that have replaced more neutral groups like bar associations. And they are drawn more than ever from federal appeals courts, where their views can be closely monitored. The goal of course to find potential nominees that will vote along ideological lines ignoring arguments and statues contrary to those lines.

Once we accept that it's ok for the highest court in the land to render verdicts based not on law, evidence, and arguments but on political, religious, and economic ideology, what does that say about our judicial system.

These elections have all come down to control of the nominations of the Supreme Court.

Right now it is balanced as it should be..........better to keep the balance

 

[rightwinger]

They have to win first, now don't they...........

That's the way it works

Possible outcomes:
Dems win Senate and Presidency.......Liberal Justice gets picked
Dems win Senate, Republicans take Presidency.......Obama nominee approved
Republicans win Senate, Dems take presidency.......Will Republicans block the court for five years? Doubt it
Republicans take both......Conservative Justice

Only one outcome supports Republicans.

Pretty sure it's safe to assume that if a Republican wins the WH next year, we'll also still have a GOP-controlled Senate.

Not necessarily so

Dems have to win five seats

True, but if the Dems' fortunes turn out so badly this year that they lose the WH, I believe it's a pretty safe bet that the Republican President-elect's coattails will be long enough to help a lot of downticket Repubs.

The Dems will attempt to steal the election if they can't win it.

Pesky voters

Only Republicans can keep them from voting

 

[rightwinger]

Indian-American among those Obama could nominate to replace Justice Scalia

I had him picked as my first choice too with that confirmation vote to the DC Circuit of 97-0. My second choice would be Jane Kelly in the Eighth Circuit. 49 years old and was confirmed by the Senate about five years ago with a 96-0 vote. Putting another woman on the Court would be more representative of the National demographics, also.

Even a GOP dominated Senate couldn't find a logical flaw given their recent past approvals of both.

It would be difficult for Republicans to justify rejecting a nominee whom they have already given unanimous consent to, but that doesn't mean they won't do it.

Rejecting him would mean each Republican would have to declare how he stands in an election year

You know they won't do that

 

[Synthaholic]

Not so fast. I thought so too, but two days ago, as I saw this morning, the Senate had filed this adjournment resolution calling them in every three days -- to strike a gavel, say two words, and walk out, denying him that option.

Just a few years ago SCOTUS validated that parliamentary trick, so that makes it harder.

 

[eddiew]

Justice Scalia is dead and Clarence Thomas is feeling "none too well"

Be afraid be very afraid............

2 miracles soon soon together?

 

[Synthaholic]

Obama will nominate an Hispanic or Black woman, I'm hoping. That will put so much pressure on McConnell, the GOP candidates . . . and Democratic voters to show up in November.

 

[eddiew]

For the record, it does us no good to speculate as to whether Scalia was murdered. After all, we have a Secretary of State who has openly violated the law with impunity and now is poised to win the Oval Office.

Hillary is very unlikely to win the presidency. I find it difficult to understand why people still think anyone that shit-stained has a chance.

Can you not read polls? No one running is more qualified than she is. It's her time, if she wants it, wake up to it.

You do realize she lost the NH primary by over 22%. She hasn't got a prayer now. Just wait till the FBI is through with her.

the fbi wouldn't want to get the next president on their bad side

 

[rightwinger]

The "El Presidente" suite where Supreme Court Justice Antonin Scalia was found dead at Cibolo Creek Ranch the day following his passing at the West Texas Resort ranch that stretches over 30,000 acres, February 14 , 2016 in Shafter, Texas.

Photo by Matthew Busch/Getty Images

"The death certificate for Supreme Court Justice Antonin Scalia will list myocardial infarction, or a heart attack, as the cause of death, Presidio County Judge Cinderela Guevara tells ABC Dallas affiliate WFAA. Scalia’s body was taken to an El Paso funeral home overnight, where it is likely to stay until Monday, when it is expected to be flown to northern Virginia.

Guevara recounted to WFAA how she found out about Scalia’s death through a spotty cell phone connection, which is hardly uncommon in Far West Texas. She pronounced Scalia dead over the phone at 1:52 p.m. on Saturday. “As part of my investigation, one of the things I did ask the sheriff and the U.S. Marshal: 'Were there any signs of foul play?' And they said, ‘absolutely not.’ At that time, I still wanted to be careful, and asked them if [Scalia’s] physician would call me.” The doctor called Guevara on Saturday evening and told him the late justice suffered from several chronic ailments."


Judge: Scalia Died of a Heart Attack

better get a forensic guy to test for poison

It is Texas

They are known to knock off those they don't support

 

[Remodeling Maidiac]

RIP

 

[Steve_McGarrett]

Interesting. If the ranch owner got there a little sooner, he might have been Breitbarted too.

http://mobile.nytimes.com/2016/02/1...times&smtyp=cur&referer=http://m.facebook.com