# If SCOTUS gridlock continues after the election, what could a president Clinton do?

**URL:** <https://boards.straightdope.com/t/if-scotus-gridlock-continues-after-the-election-what-could-a-president-clinton-do/762239>\
**Category:** Politics & Elections\
**Created:** [August 9, 2016, 12:39pm UTC](https://boards.straightdope.com/t/if-scotus-gridlock-continues-after-the-election-what-could-a-president-clinton-do/762239 "2016-08-09T12:39:05Z")\
**Posts on this page:** 5\
**Page:** 8

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**Author:** ![Jonathan\_Chance](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jonathan_chance/32/701_2.png) [@Jonathan\_Chance](https://boards.straightdope.com/u/Jonathan_Chance)\
**Post date:** [October 19, 2016, 2:41am UTC](https://boards.straightdope.com/t/if-scotus-gridlock-continues-after-the-election-what-could-a-president-clinton-do/762239/141 "2016-10-19T02:41:32Z")

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Just a small nitpick about John Roberts.

Let’s not forget he wasn’t originally nominated for Chief Justice. Roberts was initially nominated to replace the retiring Sandra Day O’Connor as Associate Justice. When Rehnquist died GWB decided to take the straightforward approach of withdrawing his nomination for Associate Justice and nominating him for Chief Justice. It allowed the top position to be voted on about a man who was really a rock star in DC circles and had already started his approval process.

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**Author:** ![Munch](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/munch/32/5281_2.png) [@Munch](https://boards.straightdope.com/u/Munch)\
**Post date:** [October 19, 2016, 3:15am UTC](https://boards.straightdope.com/t/if-scotus-gridlock-continues-after-the-election-what-could-a-president-clinton-do/762239/142 "2016-10-19T03:15:42Z")

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> [@Jonathan\_Chance](#):
>
> Just a small nitpick about John Roberts.
> 
> Let’s not forget he wasn’t originally nominated for Chief Justice. Roberts was initially nominated to replace the retiring Sandra Day O’Connor as Associate Justice. When Rehnquist died GWB decided to take the straightforward approach of withdrawing his nomination for Associate Justice and nominating him for Chief Justice. It allowed the top position to be voted on about a man who was really a rock star in DC circles and had already started his approval process.

Ambrosia Spinola covered that in post 113.

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**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\
**Post date:** [October 19, 2016, 3:33am UTC](https://boards.straightdope.com/t/if-scotus-gridlock-continues-after-the-election-what-could-a-president-clinton-do/762239/143 "2016-10-19T03:33:53Z")

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> [@ElvisL1ves](#):
>
> IOW, those who talk don’t know, etc.

I’m not clear if you are referring to the post immediately before yours, this thread, or the entire Straight Dope Message Board…

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [October 19, 2016, 6:20am UTC](https://boards.straightdope.com/t/if-scotus-gridlock-continues-after-the-election-what-could-a-president-clinton-do/762239/144 "2016-10-19T06:20:16Z")

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> [@coremelt](#):
>
> In parliamentary systems in such cases of ongoing deadlock the PM can call a “double dissolution”, dissolve both houses and call a snap election.

Which parliamentary systems other than Australia have the double dissolution? Canada and the U.K. don’t.

> [@](#):
>
> The idea being that in such cases the party that is obstructing will lose some seats, or the obstructing party will gain the leader ship, either way the problem is solved.
> 
> Eg see Australia 1975 Consitutional Crisis.  
> [1975 Australian constitutional crisis - Wikipedia](https://en.wikipedia.org/wiki/1975_Australian_constitutional_crisis) (this was more complicated, it wasn’t called by the PM, but it’s an example of a double dissolution solving a deadlock)
> 
> Should the US have some similar mechanism?

Except the dispute here isn’t between the houses of congress. It’s between the Senate and the President. Dissolving both houses of Congress would not resolve the dispute.

And, expanding the dissolution to require the President to run again, as well as both houses of Congress, would not necessarily resolve the issue.

Unlike a parliamentary system, where the executive is decided by the majority in Parliament, the President is elected separately from the Congress. So even if House, Senate and President were all involved in a triple dissolution, the voters could simply return the same deadlock by voting simultaneously for Senators who oppose the policy of the President, and for the President who opposes the policy of the Senators.

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**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\
**Post date:** [October 19, 2016, 9:37am UTC](https://boards.straightdope.com/t/if-scotus-gridlock-continues-after-the-election-what-could-a-president-clinton-do/762239/145 "2016-10-19T09:37:54Z")

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> [@Northern\_Piper](#):
>
> Except the dispute here isn’t between the houses of congress. It’s between the Senate and the President.

The dispute is an act of \*personal \*spite by two men who happen to hold the positions of Senate Majority Leader and Senate Judiciary Committee Chairman. The only Constitutional issue is “What happens if officeholders refuse to do their jobs?”

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