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Much more to come.
UPDATE: On second thought, writing a full article on this turned out to be unnecessary. The comments came right along anyway.
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Hopefully he wasn’t hunting with Dick Cheney.
There’ll be a fight over whether a new Justice is appointed by the current POTUS. The arguments I’ve read so far (even from NBC reporters) seem to bet against an Obama appointment. If I’m not mistaken, the Senate must approve the administrative details behind the new appointment. Since the Republicans have the majority – well.
I think Scalia will be missed by many of us. He was a true constitutionalist. And what more could you ask for from a SCOTUS Justice.
The SCOTUS rulings have been so politicized of late that I have lost quite a bit of faith in that Institution as well. And I am not alone. Many Independents feel the same way.
RIP Justice Scalia. Thank you for your many years of service.
A “true constitutionalist” should have no problem with the current President putting forward a nominee, correct?
Sure, because Obama is CERTAIN to continue that influence in his selection, right ? /sarc.
He won re-election. He gets to appoint whoever the fuck he wants.
Yes, as long as Obama plays by the rules. I don’t think you’re aware of the rules that fall under the provisions of the US Constitution. But I understand your emotions. But Scalia’s body isn’t even cold yet. I suggest we pay our respects to him.
And all the Senate members “who won re-election” can support or withhold Confirmation on whoever…. they want. So what ? Appoint away, knock yourself out ! Temporary “recess appointments” can ALSO be blocked by the Senate (see Wikipedia article elsewhere) by “pro forma” as (it mentions) Dems did to Bush, but now, no quid pro quo because it’s BHO, right ?
Sorry, I posted it on WOT. Here it is to save a click-
https://en.wikipedia.org/wiki/Appointment_and_confirmation_to_the_Supreme_Court_of_the_United_States
So what?
Yeah, you’re right…there would be no political consequences to blocking anything that breathes.
And all those senators who won their elections, they can confirm whoever the fuck they want, right?
Come on now folks. Keep it civil.
“And all those senators who won their elections, they can confirm whoever the fuck they want, right?”
Of course. Please point out where I suggested otherwise.
As a matter of fact, I’ve clearly suggested that they can oppose to their heart’s content. And live with the consequences.
And please, spare me the reprimand for using the F-bomb. I don’t appreciate your selectivity on that.
It wasn’t related to the f bomb, but cheers.
You’re very short-sighted, anon The Constitution allows many political maneuvers like filibusters and denials. The dems were always good at that. In fact, there were ingenious when they held the majority. Remember? The pubs could likely allow the clock run out. Not taking sides here. Just telling you the way it’s worked in the past.
I’m not talking about what happens AFTER a nomination…I’m talking about the nomination itself. Nice try, though.
What good is a nomination if it’s repeately shot down in flames?
Let me repeat. Senate affiliations: Pubs: 54 Dems:44 Independents: 2
If the GOP-led Senate wants to repeatedly shoot down Obama’s nominees, if that’s the strategy they want to take, then so be it. He can put forward anyone he wants. How they react is on them.
There are plenty of moderate jurists out there who aren’t rabid ideologues. If the Senate wants to shoot down anything that breathes, if they want to continue the strategy of “because Obama” then they can live with the potential consequences of that.
You asked (?) about” being fine with it”. That can only happen AFTER the nomination. Perhaps make up your mind.
Not to be overlooked is the upcoming case regarding mandatory union dues.
Yes, if I were a union member that was forced to contribute money for causes that I did not support I would be very interested in that union dues case.
It’s hard enough to make ends meet with California’s cost of living at the end of the month. When money is taken out of your paycheck against your will for causes that you do not support – it must be humiliating.
Those who want to voluntarily give to the union’s causes should be allowed to do so.
I will be a keen observer what happens at that vote just out of curiosity.
Yes Scalia was a constitutionalist. He was also, unfortunately, a dyed-in-the-wool religionist, which meant that his decisions and his rational were too often tinctured by his own vision of morality.
Good news for Hillary who must be doing a little dance somewhere.
I read somewhere (it might have been Toobin’s book) that he wanted to retire, but Obama’s election sort of kept him in the game.
Speculation on my part, but I would think a Hillary Presidency would have been the final impetus for acting anyway. A kind of “aww hell with it…”
Which stage of grief is ‘pizza’ because I’m in that one.
Snap open a cold one, and – all of them !
I was with Joe Dunn and Paul Lucas when we heard about this. First thing I thought was those unions dodged a bullet, that decision is gonna be deadlocked for a while.
Joe doesn’t think the Senate can obstruct for a whole eleven months. “If this were September it’d be a different story, but February? No. The Republicans can’t leave us without a Supreme Court that long.” But who knows, we’re living in the age of unprecedented shit so he may be wrong.
He says “Watch Obama start off by picking someone, or maybe the first couple picks, that he knows will be unacceptable – possibly my friend Erwin Chemerinsky – and then moving to a moderate compromise choice. It’s a trick Nixon started.”
The punditocracy is alight with speculation about Sri Srinivasan.
Chemerinsky is too old. Does he have a similarly intelligent and knowledgeable grandchild?
OK, I’ll say it – Am I the only one tempted to photoshop those fingers into a bird-flip ? For anyone but Jay Leno, they look too far into the foreground to be a chin cradle.
That’s part of the motion for the Italian gesture that is the equivalent of one.
Well, you learn something every day. I guess there’s no rush to learn Photoshop then !
*Does anyone think they will do an autopsy?
Only if the family wants one. And I don’t see why they would.
*And the cause of death…was? Heart Attack?….what?
According to statistics, an American male 79 years of age is living on borrowed time. Only one male in my extended family made it that far. So if you’re male and make it to 79, consider yourself lucky, as long as you have a good quality of life.
Robert Alton Harris didn’t make it that far. Before he left us he was quoted to say:
“You can be a king or a street sweeper, but everyone dances with the grim reaper.”
And he’s correct.
Hey, just noticed – this was the Orange Juice’s 12,000th post!
According to statistics, a local political blog with 12,000 posts is living on borrowed time. Only one blog in my county has made it this far. So if you’re…
Kidding, onward toward 100,000!
You can be a blog or a mainstream paper – fate will arrange your meeting with the undertaker.
He’ll be remembered forever for this:
“Mere factual innocence is no reason not to carry out a death sentence properly reached.”
Certainly memorable, certainly oft-repeated this weekend, not necessarily his. Scalia can’t correct or contextualize the item, MSM hasn’t, (surprise !) Snopes apparently has-
http://www.snopes.com/scalia-death-penalty-quote/
Bambino needs to appoint an eminently qualified person of color. He’s a smart fellow.
Watch the racists twist in the wind.
Out of 8 Justices are 2 racial minorities on the SCOTUS. Clarence Thomas (black) and Sotomayer (hispanic). Oh, and 1 Italian (some Italians don’t consider themselves to be caucasions) 3 women (Kagan, Ginsburg, Sotomayer). 5 Roman Catholics and 3 of the Jewish faith.
That’s not a bad diversity of people. It’s been much worse. If Religion is important to you may want to throw in a Protestant.
Asians may argue that it’s time for a Justice seat. There are lots of qualified Asians.
Most important – we need someone highly qualifies who would be impartial and who follows the US Constitution – the way it’s written – not the way it’s esoterically interpreted.
since you seem to be a strict constitutionalist, wonder what’s your view on citizen’s united.
“since you seem to be a strict constitutionalist, wonder what’s your view on citizen’s united”
I was raised and educated upon the belief that the US Constitution was the supreme law of the land.
Just because I support the US Constitution it doesn’t mean that I agree with the way it’s been interpreted (mutilated) by the SCOTUS, particularly in recent years, for seemingly political reasons.
The ObamaCare decision was another doozey that made no sense.
And then there are times when the US Constitution is not only misinterpreted – it’s flat-out ignored w/ zero consequences.
*Yeah, it is probably time for a good Buddist or Hindu on the court. But we are waiting to see how the court rings out on Bill Cosby and Peyton Manning. Which one ya think will break first? David Boies (my old protagonists debate opponent in high school in Fullerton)….was on the CBS morning show today exposing the many glories of Scalia…while looking to glorify his own personage for a possible nomination for himself to the Big Court in the Sky! But we repeat ourselves! We believe that Boies is probably just a totally “Uncommitted Atheist/Agnostic”. Maybe they could get him to turn Buddist or Hindu however.
This has absolutely no meaning in terms of current conditions, it is a question of mere curiosity, because my mind takes these evil little side trips occasionally to keep me from sleeping. Can an outgoing President appoint him/herself to take the seat, if confirmations etc take place after they leave office? Is it legally possible? Not asking if plausible, it is a ridiculous idea, just curious if it is legally possible?
All he needs is the “advise and consent” of the Senate. The Constitution doesn’t even say it has to be a lawyer.
No.
Where does it say that?
I keep an original in the vault. I would share it, but then I’d have to share with everyone.
On the other hand, if Hillary or Bernie become President, there’s nothing stopping them from nominating Obama.
My understanding is that nothing prevents Obama from nominating himself.
*We still find it odd…that the family has turned down an autopsy. “A Mountain cabin, staying alone in his room, not feeling well the night before…no one checking on him,,,,
unresponsive when he was found…….just saying….sounds a lot like a Russian Heart
Attack …but we are naturally born “conspirator theorists”.
I believe it was natural. The man was 79. It would be pretty hard to cover up foul play involving a SCOTUS. If the family had any doubt whatsoever there’d be an inquiry by a family-hired medical examiner. His body shape was conducive to CAD. And since it was a sudden unexpected death my wild guess would be a myocardial infarction – probably Italian style. I have no idea why they haven’t announced the cause of death. 79 is a long life. Over half of us males won’t make it that far.
*The latest…..he is at John Poindexter’s Ranch? The initial report was that Poindexter found him with a pillow over his head. He had an MRI Weds. and Thurs before on a tore rotor cuff……and he is out on a hunting trip? A recent history of High Blood Pressure and Heart Disease………back to “being odd”!
*Is this the same John Poindexter from the Reagan Administration? The same guy that did some bad time for the Iran Contra? Just asking!
I would be more suspicious had he just finished a round of golf and drinks with Obama in Martha’s Vineyard.
*Forgot to mention his US Marshalls – two officer detail: was told they would not be needed on this trip. Almost never happens for SCOTUS members!
No, this is not Admiral John Poindexter. No idea if it is, say, Admiral Junior.
One we hit a certain age people just write us off. I believe there should be an age limit for SCOTUS Justices. I think mandatory retirement from SCOTUS should happen at age 75. The human mind really starts to deteriorate at that point – even w/o dementia or Alzheimers. And the energy level declines remarkably. Both mental acuity and endurance are vital in a job like that. For the good of the County bring in the young blood. Now go ahead and accuse me of ageism. I don’t care. I’m a realist who’s no spring chicken. How old is Ruth Bader Ginsburg? 84? It’s hard to let go of power. But she needs to step down in the interests of the Country. Nobody I’ve ever known at that age was hitting on all cylinders.
As I listened to some of Scalia’s more outrageous quotes on Rachel Maddow last night, I started to think he does NOT deserve credit for being a bold forthright speaker who says what he thinks no matter who it hurts:
1. ” I think it [unanimous congressional support for the Voting Rights Act] is attributable, very likely attributable, to a phenomenon that is called perpetuation of racial entitlement. It’s been written about. Whenever a society adopts racial entitlements, it is very difficult to get out of them through the normal political processes.”
2. “There are those who contend that it does not benefit African-Americans to get them into the University of Texas where they do not do well, as opposed to having them go to a less-advanced school, a less — a slower-track school where they do well. One of the briefs pointed out that most of the black scientists in this country don’t come from schools like the University of Texas. They come from lesser schools where they do not feel that they’re being pushed ahead in classes that are too fast for them.”
Notice how he uses FOX news weasel phrases to distance himself from what he knows will be controversial views, appealing to unidentified authorities while still getting the idea out there: “There are those who contend.” “It’s been written about.” If I’d been Ruth or someone I would have said “WHO contends that, Antonin? WHERE is that written about?” Fact is, he was apparently a student of Newsmax and The Bell Jar, but never had to admit it.
I’m pretty sure he holds the record for comments taken out of context.
I believe that you intended to refer to the “Bell Curve” rather than the Bell Jar. That is unless you believe Scalia committed suicide.
LOL good catch.
*Did someone say Vince Young? The fixed National Championship against USC? The Vince Young demise in the NFL? We like Darrell Strawberry….he could really hit the ball….. Don’t know if he went to UT…..but could have!
*The good news is there are now five serious conspiracy theories and three movies in the works…… Scalia can now join, John Lennon, MLK, RFK, JFK, the shooting of Ronald Reagan and Malcolm X……. Oh, and don’t forget the Bob Dylan motorcycle accident……too! We believe all of them….by the way.