MURDER, POLITICS, AND THE END OF THE JAZZ AGE
by Michael Wolraich
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From the Readers
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From the Dagbloggers
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Antonin Scalia Dead At 79
By barefooted on Sat, 02/13/2016 - 5:21pm |This is huge ...
URL:
http://m.mysanantonio.com/news/us-world/article/Senior-Associate-Justice-Antonin-Scalia-found-6828930.php?cmpid=twitter-desktop
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Comments
The presidential election has just been turned completely upside down ...
by barefooted on Sat, 02/13/2016 - 5:23pm
Oh My God. This is huge. Yes the next president will get to pick the tie breaking Supreme Court Justice as the senate will simply wait for the next president to nominate a successor. Will it maintain it's 5-4 right wing tilt or swing to a 5-4 left wing tilt?
by ocean-kat on Sat, 02/13/2016 - 5:32pm
Two words: Recess appointment.
by jollyroger on Sat, 02/13/2016 - 7:57pm
If he had eaten his broccoli would he.....still be around......?
He will not be missed is all I can say.
Except perhaps by his soulmate Clarence.
If no one replaces him, does a 4-4 vote mean something passes or not?
I am thinking of the Obama clean energy EPA climate rules just put on hold by the Court.
by NCD on Sat, 02/13/2016 - 5:49pm
This also leaves a SCOTUS of eight, which will result in more 4-4 splits than not, essentially voiding any precedents being set in what could have been some ground breaking cases. Any vote tie means the lower court decision stands - just as if the Court never agreed to hear them.
by barefooted on Sat, 02/13/2016 - 5:51pm
THIS IS ONE BIG DEAL!
by Richard Day on Sat, 02/13/2016 - 6:30pm
Offhand I don't think this event favors Trump because the election conversation might now turn to the specifics of governance, rather than singing off key in a reality show.
by Oxy Mora on Sat, 02/13/2016 - 8:09pm
McConnell stated soon after the news broke that the Senate will not consider any nominee that the current administration puts forward. As the recent Clinton statement asserts, it is their Constitutional duty to do so. Flatly refusing to fill a Supreme Court vacancy for at least a year for purely partisan reasons is unconscionable and should be promptly called out by our candidates, Democrats in the Senate and beyond.
The President just made clear that he will put forth a nominee and expects a "timely vote". He does not (nor does anyone else) expect any nominee to be confirmed. Oddly, though, that's not as important as making the point to the country that Democrats -not Republicans- are ready and able to keep our democracy moving.
Now, let's hope he nominates someone "progressive" to make a statement loud enough to be heard in November.
by barefooted on Sat, 02/13/2016 - 9:07pm
I predict that he'll nominate an extremely qualified moderate. Best case, some Republicans cave, and the confirmation happens. Worse case, Republicans look even worse for groundlessly rejecting a well-qualified candidate.
by Michael Wolraich on Sun, 02/14/2016 - 8:11am
I agree with you, Michael.
by Oxy Mora on Sun, 02/14/2016 - 9:47am
By happy circumstance the senate is in recess. Why not go for the gusto, so to speak? ( here's a movie plot: Obama resigns, Biden appoints him, a bunch of voting rights cases are fast tracked and the election is fought out under the previous rules)
Or just send up Srinavasen but as recess appointee.
by jollyroger on Sun, 02/14/2016 - 3:59pm
Not Obama's style. And not a good precedent, imo. I shudder at the thought of who a future Republican president would nominate at a recess appointment if it were possible.
by Michael Wolraich on Sun, 02/14/2016 - 7:30pm
Certainly not his style, which alas is why his may go down in history as a failed presidency
Edit to add: what atrocities ought we to think the repugnants eschew for want of " bad precedent "?
by jollyroger on Sun, 02/14/2016 - 7:40pm
I think this is exactly his plan.
by Doctor Cleveland on Sun, 02/14/2016 - 7:37pm
Excellent point. Bernie or Hillary, it should help encourage good turnout. We cannot, for instance, afford to have one old GOP tool on the bench ditching things like the world agreement on climate.
In the meantime, perhaps the Republican crusade to the courts on everything the president does may abate as they no longer can expect partisan decisions in the SC.
by NCD on Sat, 02/13/2016 - 9:35pm
My feelings are somewhat mixed. He was apparently a kind, generous, and cultured man off the bench but he was a cruel, heartless, and intellectually dishonest one on it.
by HSG on Sat, 02/13/2016 - 8:30pm
Here’s another weird scenario: a recess appointment. The Senate is going to be on Easter recess from March 21 to April 1. What if Obama put somebody in during those 10 days? There’s precedent—in 1956, another election year, Dwight Eisenhower made a recess appointment out of William Brennan. He stayed on the Court until 1990.
Probably won't happen but it's an interesting thought.
by ocean-kat on Sun, 02/14/2016 - 3:29am
Jolly mentioned that, too. Interesting, but obviously impossible.
As nothing more than a thought experiment, who might you suggest as a nominee?
Anyone else have ideas?
by barefooted on Sun, 02/14/2016 - 3:44am
If I knew there was no way I could ever get a nominee passed I'd recess appoint the most far left lesbian black women I could find. Just to piss them off.
by ocean-kat on Sun, 02/14/2016 - 4:23am
I believe recess appointments last no more than a year, so might make sense to do in December.
I'm of course curious how will impact the Clinton - Sanders race, both for appointing judges, and also age. Since 1900 11 presents have died at age 72 or less (excluding JFK) while Eisenhower died at 78 and Nixon at 81. Carter, Gerald Ford, Reagan and Bush Sr are outliers, as was Truman and Hoover, though maybe this is sign of new longevity.
by PeraclesPlease on Sun, 02/14/2016 - 9:38am
I believe recess appointments last no more than a year, so might make sense to do in December.
I'm of course curious how will impact the Clinton - Sanders race, both for appointing judges, and also age. Since 1900 11 presidents have died at age 72 or less (excluding JFK) while Eisenhower died at 78 and Nixon at 81. Carter, Gerald Ford, Reagan and Bush Sr are outliers, as was Truman and Hoover, though maybe this is sign of new longevity.
by PeraclesPlease on Sun, 02/14/2016 - 9:41am
Makes their VP choice very important, at least ...
by barefooted on Sun, 02/14/2016 - 2:51pm
If by this you mean to imply a 50-50 senate, so what? We would be looking at a repugnant pres, and there's no chance a VP would derail his party's choice of jusdtice even if it were Ivanka (!!)
by jollyroger on Sun, 02/14/2016 - 7:45pm
No. Peracles mentioned age of Presidents, which led me naturally to veep choices. Frankly, a Sanders nomination should lead everyone to an exaggerated interest in his pick - he'll be 75 if (or if not) inaugurated. Even currently excellent health is no guarantee; as evidenced by Scalia.
Maybe his sudden, peaceful death with major political ramifications should make us consider VP choices as more important than we usually do ('cept McCain's).
by barefooted on Sun, 02/14/2016 - 10:14pm
Claro
by jollyroger on Mon, 02/15/2016 - 1:43am
Eh? An extension of thought would be helpful.
by barefooted on Mon, 02/15/2016 - 1:51am
I misconstrued the "they" in " their "
by jollyroger on Mon, 02/15/2016 - 2:03am
Gotcha.
by barefooted on Mon, 02/15/2016 - 2:20am
Although (h/t to Donal) 80is the new 40...
by jollyroger on Mon, 02/15/2016 - 2:31am
And via Bowie/Lemmie/Rickman, looks like 69 is the new 27 club (Scalia off a decade)
by PeraclesPlease on Mon, 02/15/2016 - 3:05am
They last through the current term, but it's now or never. McConnell won't go into recess again, but right now, fortuitously, they are recessed.
by jollyroger on Sun, 02/14/2016 - 7:58pm
Because I am so Michigan centric, the only name that comes to mind is Jennifer Granholm.
She is the one that roused the crowd at the Dem convention in 2912.
She is not so moderate, she's a Dem through and through, she most likely wouldn't make it by the Reps, but she would make a good choice to put before Congress just so they would feel so special saying, "Not just no, but HELL NO!"
by wabby on Sun, 02/14/2016 - 9:44am
I would like to see a nominee without an Ivy League pedigree whose record demonstrates a commitment to economic justice. No name jumps to mind.
by HSG on Sun, 02/14/2016 - 9:13am
There should be autopsies on all Justices who die while on the bench, particularly ones with Ivy League pedigrees---which, whatever they are, could be toxic and the cause of death.
I notice that the dove here in N. Texas are cheerful this morning.
by Oxy Mora on Sun, 02/14/2016 - 10:15am
This will be an interesting political fight to watch. I feel like Republicans once again will overshoot their gerrymandered hand.
I hope the President is allowed to execute his constitutional duty, but I highly doubt Republicans will allow that to happen. Either way this benefits the entire nation. The cases the court had decided to take up, geez, I was really worried. I'm not worried now. I feel pretty good about what happens either way. I feel sure that whatever Republicans do this issue is going to help Democrats in the general election. I really do.
by tmccarthy0 on Sun, 02/14/2016 - 9:36am
You show a touching, if naive, faith in an electorate which, if undiluted by the obdurately abstentive poor, makes Trump a viable candidate.
by jollyroger on Sun, 02/14/2016 - 7:49pm
Bmaz adds an interesting take on Scalia's legacy.
https://www.emptywheel.net/2016/02/13/el-nino-scalia/
by PeraclesPlease on Sun, 02/14/2016 - 10:42am
Bmaz plaudit for Scalia:
"voted to reverse the conviction of an alleged cocaine dealer from Massachusetts because prosecutors did not bring to court a lab analyst whose test confirmed the bags of white powder were indeed cocaine."
'Lab technician cocaine bag test fraud'? A menace we were saved from by the guy who said 'get over it' when he and his 4 soul mates put GW Bush in office using a Civil War equal rights amendment, Citizens United.. etc etc?
Scurrilous and widespread lab tech testing malefaction that can be stopped by having the tech waste 1/2 a day or more in court? While a lawyer like bmaz tries to mislead, obfuscate or confuse the jury on 'the science'?
Scalia's 'gift' to trial lawyers or.....ungift to underfunded state labs, persons waiting to have exculpatory evidence tested before trial due to budget cuts and lab tech shortages.
An emptywheel indeed.
by NCD on Sun, 02/14/2016 - 2:02pm
From the comments:
Sorry, but yes, it sucks but an accuser may have to come to court, whatever the underfunding of the state labs - in this case they were fraudulently putting away defendants thanks to an overzealous lab hand - not terribly surprising considering that few cases actually even go to trial. #BLM
by PeraclesPlease on Sun, 02/14/2016 - 2:48pm
Sorry but anecdotal b.s.. One tech. Have the l ab supervised properly and 2 sign off on evidence. Lab techs belong in a well supervised lab.
by NCD on Sun, 02/14/2016 - 6:45pm
Bmaz adds an interesting take on Scalia's legacy.
https://www.emptywheel.net/2016/02/13/el-nino-scalia/
by PeraclesPlease on Sun, 02/14/2016 - 10:42am
Am I a jerk for going, "YAY!" when I heard the news of Scalia's death. Well, if I am, I am.
Anyhoo....what this opinion piece says pretty much says what I'd say.
by wabby on Sun, 02/14/2016 - 7:19pm