SCOTUS under Trump


In case you need to refute any claims that a President never has nominated a SCOTUS judge during an election year, here’s a good reference thread of tweets. I’ll pull the info out of it later.


I guess I’m confused. Despite the fact Spicer is two-faced lying scum, what exactly is supposed to happen in the last year of any sitting President’s term when an unexpected death hits the SCOTUS? Everyone just sits around on their asses?


It’s supposed to be business as usual. The Senate should schedule a confirmation hearing and vote on the nominee. Last year, however, when Obama nominated Garland, the GOP refused to even schedule a hearing for him, claiming that Presidents shouldn’t nominate justices during election years and that it was the right of the next president to nominate a judge. That’s all a bunch of obstructionist bullshit and it was unprecedented. The Tweet threat above gives many examples of SCOTUS nominees being evaluated during election years. Now, of course, the Democrats may try to block a hearing for Trump’s nominee and the GOP are screaming bloody murder.


Someone elsewhere had a good (if overoptimistic) line - “Donald Trump shouldn’t be allowed a SCOTUS pick in the last year of his Presidency.”


Here is what will happen: the Senate majority will de facto take coequal responsibility for choosing a new Justice. If the President and the Senate majority are from different parties, then either they compromise on a centrist or wait until the next election.


(deep breath)


Donald Trump’s Supreme Court nominee Neil Gorsuch founded ‘Fascism Forever Club’ in school

(To be clear, holding anyone responsible for stupid things they did in HS or even college is silly, but whatever. There’s probably some reason President Bannon wanted him aside from his judicial chops.)



Conversation regarding Gorsuch starts at the 15:00 mark.
(Warning: It’s depressing for us leftist.)


Trump already started campaigning for 2020. Thus, we shouldn’t pick a new justice at this point, per GOP wishes.


The not-so-humorous thing of course is that the right screams bloody murder when a judge deviates from their strict constructionist views, unless of course the decision supports one of their pet goals. The left isn’t Simon pure, but the reality is that the Left doesn’t care much about constructionism and just wants results. So at least the hypocrisy is muted. Though to be sure, everyone is subject to the sin of condemning decisions qua decisions if they don’t go their way sometimes.


As would probably be expected by a Judge who very much holds the power of the judicial system as one of the 3 branches of government by the Constitution, Gorsuch is not a fan of the attacks on Judges.

President Trump’s escalating attacks on the judicial branch drew
denunciation Wednesday from his Supreme Court nominee, Neil Gorsuch, who
told lawmakers that the attacks were “demoralizing” and “disheartening”
to the independence of the federal courts.

Again, can’t agree with the pick, and I can’t believe we went a year without appointing an equally qualified Merrick Garland, but… this guy is going to do what Judges do, impartially (or at least attempt to) make judicial decisions at the highest court. I have to think that the Democrats should just swallow the bitter pill and let this guy on, it is a net gain on the courts, because he is no Scalia, save the real fight for Kennedy’s seat.


Which makes it appear to be an excellent plan for short-circuiting Democratic objections.


The only way the left isn’t screwed in the Supreme Court for the next dozen or so years is if Kennedy holds on until there’s a majority of Democrats in the confirmation and a Democratic President is in office. Gorsuch is getting in. That seems obvious barring some horrendous skeleton in his closet coming out. That puts us back to 5-4 in favor of the right in general. One more GOP judge and it’s a lock for a long time.


You mean Kennedy, Ginsburg and Breyer, right? Even the youngest of those 3 was born in 1938 (Breyer). Ginsburg was born in 1933 and Kennedy in 1936.

It’s kind of funny that Kennedy is no longer considered “Right” since he became the center after O’Conner retired, even though he was nearly always on her right throughout those O’Conner years.


Yup. Kennedy-only is the best case scenario.

Basically left-leaning folks are in for some real disappointing years in the courts. Trump’s election sealed that deal. He’s getting Gorsuch and he’ll likely get at least one other Justice during his term.


You think one is going to kick it or retire yet this year? Grim.


Even after the semi-evitable impeachment, let’s not pretend ol “Shocks McGays” Pence isn’t gonna put someone forward that would actually make god cry if he were real instead of an imaginative figment guys like Pence use to tell women they’re all whores.

Have I mentioned that I really fucking hate Mike Pence?


I sort of got that, Armando. Seriously, there really aren’t any good scenarios for the Dems right now. If they block Gorsuch, I fully expect Trump to nominate someone worse and successively so if they block that one. And sooner or later McConnell will invoke the nuclear option. Maybe the best option is for the Dems to hold their fire for someone who’s beyond-the-pale right or is bad for reasons beyond his/her political leanings. Yes, it stinks, but there you are.


Well, Kennedy has openly talked about looking for a good time to retire. So, that is at least one other one. But, we can hope that maybe Trump is so irrational that he decides to remain until 2020 at least.