# Obama must be allowed to nominate the next SCOTUS Justice **URL:** \ **Category:** Great Debates\ **Created:** [February 13, 2016, 11:23pm UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061 "2016-02-13T23:23:33Z")\ **Posts on this page:** 20\ **Page:** 4
**Author:** ![Richard\_Parker](https://avatars.discourse-cdn.com/v4/letter/r/35a633/32.png) [@Richard\_Parker](https://boards.straightdope.com/u/Richard_Parker)\ **Post date:** [February 14, 2016, 3:29am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/61 "2016-02-14T03:29:46Z")
> [@astorian](#): > > Obama has an easy task, because Scalia was by far the most conservative justice. Hence, if he nominates a socially liberal but pro-business judge, the Court STILL moves way to the left, and enough business wing Republican senators would be mollified to get his selection through. > > This will only be a battle if Obama makes it one. He can appoint a David Souter type and get 90% of what the Left wants. He’s an idiot if he tries to go farther left than that. Your prediction is likely to be tested. Sri Srinivasan is socially liberal and pro-business. He defended Jeffrey Skilling and unions hate him. I predict you’re wrong–the GOP will still oppose him, successfully. ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [February 14, 2016, 3:35am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/62 "2016-02-14T03:35:03Z")
> [@astorian](#): > > Obama has an easy task, because Scalia was by far the most conservative justice. Hence, if he nominates a socially liberal but pro-business judge, the Court STILL moves way to the left, and enough business wing Republican senators would be mollified to get his selection through. > > This will only be a battle if Obama makes it one. He can appoint a David Souter type and get 90% of what the Left wants. He’s an idiot if he tries to go farther left than that. Considering the Republicans have established a practice of nominating the most conservative judges that can be found, why should the Democrats meet them halfway by nominating moderates? ---
**Author:** ![Clu-Me-In](https://avatars.discourse-cdn.com/v4/letter/c/dfb087/32.png) [@Clu-Me-In](https://boards.straightdope.com/u/Clu-Me-In)\ **Post date:** [February 14, 2016, 3:41am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/63 "2016-02-14T03:41:37Z")
> [@astorian](#): > > Obama has an easy task, because Scalia was by far the most conservative justice. Hence, if he nominates a socially liberal but pro-business judge, the Court STILL moves way to the left, and enough business wing Republican senators would be mollified to get his selection through. > > This will only be a battle if Obama makes it one. He can appoint a David Souter type and get 90% of what the Left wants. He’s an idiot if he tries to go farther left than that. Maybe he’ll nominate the Vice President. ---
**Author:** ![John\_Mace](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/john_mace/32/185_2.png) [@John\_Mace](https://boards.straightdope.com/u/John_Mace)\ **Post date:** [February 14, 2016, 3:48am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/64 "2016-02-14T03:48:09Z")
> [@Clu-Me-In](#): > > Maybe he’ll nominate the Vice President. In which case the Republicans would have a valid reason to obstruct his confirmation. All this talk about nominating a politician is nonsense. Not going to happen. ---
**Author:** ![Evil\_Captor](https://avatars.discourse-cdn.com/v4/letter/e/f17d59/32.png) [@Evil\_Captor](https://boards.straightdope.com/u/Evil_Captor)\ **Post date:** [February 14, 2016, 3:48am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/65 "2016-02-14T03:48:20Z")
> [@Ravenman](#): > > If the Senate doesn’t take up a nomination for Supreme Court justice, the President should examine using his power to call the Senate back into session during every planned recess - which are quite a few during this election year. > > No reason why the Senate should get to sandbag a major appointment and get all of its recesses, too. Say! I like that idea! Put their little noses to the grindstone and rub them in it! ---
**Author:** ![Evil\_Captor](https://avatars.discourse-cdn.com/v4/letter/e/f17d59/32.png) [@Evil\_Captor](https://boards.straightdope.com/u/Evil_Captor)\ **Post date:** [February 14, 2016, 4:01am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/66 "2016-02-14T04:01:23Z")
> [@Fiveyearlurker](#): > > A recess appointment of a Supreme Court justice is considered a no no, but so is deciding to block any and all nominees. Considering Republican history on this topic, I’d be completely cool with a recess appointment. ---
**Author:** ![coremelt](https://avatars.discourse-cdn.com/v4/letter/c/4491bb/32.png) [@coremelt](https://boards.straightdope.com/u/coremelt)\ **Post date:** [February 14, 2016, 4:07am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/67 "2016-02-14T04:07:08Z")
> [@Evil\_Captor](#): > > Considering Republican history on this topic, I’d be completely cool with a recess appointment. It would outrage the GOP and the tea party. Question is would it then make the democrat supporters complacent but increase GOP turnout in November? ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [February 14, 2016, 4:12am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/68 "2016-02-14T04:12:36Z")
I don’t think a recess appointment would help the Democrats in any way. It’s probably the best way they could possible come up with to shoot themselves in the foot. So who do you think Obama is going to appoint during recess? ---
**Author:** ![iiandyiiii](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iiandyiiii/32/7924_2.png) [@iiandyiiii](https://boards.straightdope.com/u/iiandyiiii)\ **Post date:** [February 14, 2016, 4:15am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/69 "2016-02-14T04:15:57Z")
> [@astorian](#): > > Obama has an easy task, because Scalia was by far the most conservative justice. Hence, if he nominates a socially liberal but pro-business judge, the Court STILL moves way to the left, and enough business wing Republican senators would be mollified to get his selection through. > > This will only be a battle if Obama makes it one. He can appoint a David Souter type and get 90% of what the Left wants. He’s an idiot if he tries to go farther left than that. So far the Republicans in the Senate don’t seem to be open to considering any possible Obama nominee. ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [February 14, 2016, 4:20am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/70 "2016-02-14T04:20:47Z")
> [@iiandyiiii](#): > > So far the Republicans in the Senate don’t seem to be open to considering any possible Obama nominee. Republicans will be hurt politically by refusing qualified moderate nominees. They will be helped politically by blocking liberal nominees. If Obama wants to grand stand and throw up left wing liberal nominees out of spite he can but that’s not going help Democrats win elections. ---
**Author:** ![coremelt](https://avatars.discourse-cdn.com/v4/letter/c/4491bb/32.png) [@coremelt](https://boards.straightdope.com/u/coremelt)\ **Post date:** [February 14, 2016, 4:24am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/71 "2016-02-14T04:24:06Z")
> [@boytyperanma](#): > > I don’t think a recess appointment would help the Democrats in any way. It’s probably the best way they could possible come up with to shoot themselves in the foot. I agree, IMO he should nominate someone liberal right away that he knows the GOP will reject. If they vote to reject nominate another liberal. Or if they stall then two months before general election withdraw the nominee and put forward a slightly left compromise candidate. If the republicans are seen to be still stalling after six months it will be a huge election issue and guarantee a huge democrat turnout. ---
**Author:** ![Evil\_Captor](https://avatars.discourse-cdn.com/v4/letter/e/f17d59/32.png) [@Evil\_Captor](https://boards.straightdope.com/u/Evil_Captor)\ **Post date:** [February 14, 2016, 4:30am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/72 "2016-02-14T04:30:35Z")
> [@astorian](#): > > Obama has an easy task, because Scalia was by far the most conservative justice. Hence, if he nominates a socially liberal but pro-business judge, the Court STILL moves way to the left, and enough business wing Republican senators would be mollified to get his selection through. > > This will only be a battle if Obama makes it one. He can appoint a David Souter type and get 90% of what the Left wants. He’s an idiot if he tries to go farther left than that. Ahem. He may not want to further alienate the progressive wing of the Democratic Party, which is what a pro-business nominee would accomplish. It would not be HIS problem but it would CERTAINLY be his successors. Frankly, all we have to do is start yelling “We don’t want another pro-Citizens United Justice!” and that would be that … what Democrat would dare support a nominee that was pro Citizens United? ---
**Author:** ![Evil\_Captor](https://avatars.discourse-cdn.com/v4/letter/e/f17d59/32.png) [@Evil\_Captor](https://boards.straightdope.com/u/Evil_Captor)\ **Post date:** [February 14, 2016, 5:30am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/73 "2016-02-14T05:30:55Z")
> [@boytyperanma](#): > > Republicans will be hurt politically by refusing qualified moderate nominees. They will be helped politically by blocking liberal nominees. > > If Obama wants to grand stand and throw up left wing liberal nominees out of spite he can but that’s not going help Democrats win elections. Oh, COME ON! Anyone to the left of Attila the Hun will be described as a raging liberal by the Republicans. ---
**Author:** ![AHunter3](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ahunter3/32/368_2.png) [@AHunter3](https://boards.straightdope.com/u/AHunter3)\ **Post date:** [February 14, 2016, 5:35am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/74 "2016-02-14T05:35:12Z")
It would be hard to imagine many things more conducive to getting out the liberal vote than a still-open seat on the Supreme Court, to either be filled by the Democratic nominee or by the Republican nominee, depending on who wins in the general election. If Obama is able to fill the slot during his remaining time, so be it, but it will not be a crying shame for American liberals / Democrats if he doesn’t. Sanders voters who might otherwise stay home sulking will come out in droves to vote for Clinton, if that’s the way the primary season goes, rather than risk a Republican prez getting to fill that slot. Likewise Clinton voters pissed at a second defeat of their preferred candidate to yet another upstart —they’ll vote Sanders lest Jeb Bush or Ted Cruz for godssake or Donald Trump fill that empty chair. ---
**Author:** ![astorian](https://avatars.discourse-cdn.com/v4/letter/a/ad7895/32.png) [@astorian](https://boards.straightdope.com/u/astorian)\ **Post date:** [February 14, 2016, 5:38am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/75 "2016-02-14T05:38:39Z")
> [@Little\_Nemo](#): > > Considering the Republicans have established a practice of nominating the most conservative judges that can be found, why should the Democrats meet them halfway by nominating moderates? The Republicans have never tried to torpedo liberal Court nominees the way Democrats have “borked” conservative nominees. And the Democrats never accidentally appoint justices who are more conservative than anticipated. ---
**Author:** ![astorian](https://avatars.discourse-cdn.com/v4/letter/a/ad7895/32.png) [@astorian](https://boards.straightdope.com/u/astorian)\ **Post date:** [February 14, 2016, 5:40am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/76 "2016-02-14T05:40:04Z")
> [@Little\_Nemo](#): > > Considering the Republicans have established a practice of nominating the most conservative judges that can be found, why should the Democrats meet them halfway by nominating moderates? The Republicans have never tried to torpedo liberal Court nominees the way Democrats have “borked” conservative nominees. Nor have the Democrats nominated a justice who turned out to be more conservative than expected (not since Felix Frankfurter). ---
**Author:** ![boytyperanma](https://avatars.discourse-cdn.com/v4/letter/b/4491bb/32.png) [@boytyperanma](https://boards.straightdope.com/u/boytyperanma)\ **Post date:** [February 14, 2016, 5:40am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/77 "2016-02-14T05:40:11Z")
> [@Evil\_Captor](#): > > Oh, COME ON! Anyone to the left of Attila the Hun will be described as a raging liberal by the Republicans. That’s a guarantee. The question is whether people will believe them or not. ---
**Author:** ![Peremensoe](https://avatars.discourse-cdn.com/v4/letter/p/ce7236/32.png) [@Peremensoe](https://boards.straightdope.com/u/Peremensoe)\ **Post date:** [February 14, 2016, 5:48am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/78 "2016-02-14T05:48:47Z")
> [@Dinsdale](#): > > Of course he’s going to nominate someone promptly - and he should. As should a Repub if he were in a similar situation. > > Obama is the president. Nominating Supremes is one of the most influential things they get to do. People in power do not readily forego exercising their authority. It’s not just something he “gets” to do. Not just an authority. It is something he is _charged_ with doing–a duty. The American people chose Barack Obama to have exactly this responsibility, now. ---
**Author:** ![madsircool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/madsircool/32/3432_2.png) [@madsircool](https://boards.straightdope.com/u/madsircool)\ **Post date:** [February 14, 2016, 6:06am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/79 "2016-02-14T06:06:18Z")
No President can make a Supreme Court Justice a recess appointment. The nominee must first be approved by the Senate. This isnt republican Rome people. ---
**Author:** ![madsircool](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/madsircool/32/3432_2.png) [@madsircool](https://boards.straightdope.com/u/madsircool)\ **Post date:** [February 14, 2016, 6:09am UTC](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061/80 "2016-02-14T06:09:18Z")
Also, there is nothing in the Constitution demanding there by 9 justices on the bench. Remember FDRs massive failure when he tried to expand the Court to 15? And that was with a massive Dem majority in Congress. [Previous page](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061.md?page=3) [Next page](https://boards.straightdope.com/t/obama-must-be-allowed-to-nominate-the-next-scotus-justice/746061.md?page=5)