# Shouldn't the Republicans be reconsidering hearings?

**URL:** <https://boards.straightdope.com/t/shouldnt-the-republicans-be-reconsidering-hearings/761689>\
**Category:** Politics & Elections\
**Created:** [August 3, 2016, 9:11pm UTC](https://boards.straightdope.com/t/shouldnt-the-republicans-be-reconsidering-hearings/761689 "2016-08-03T21:11:09Z")\
**Posts on this page:** 5\
**Page:** 2

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**Author:** ![bengangmo](https://avatars.discourse-cdn.com/v4/letter/b/50afbb/32.png) [@bengangmo](https://boards.straightdope.com/u/bengangmo)\
**Post date:** [August 4, 2016, 12:20pm UTC](https://boards.straightdope.com/t/shouldnt-the-republicans-be-reconsidering-hearings/761689/21 "2016-08-04T12:20:02Z")

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> [@Bridget\_Burke](#):
>
> Sounds good. But if we’ve still got a Republican Senate, why should they agree to play? I really haven’t noticed President Obama behaving in an ungentlemanly fashion–but we see what sort of response he’s gotten.

I’m thinking that maybe, just perhaps with the nuttery from the right, this might be a chance for some “responsible” people to step forward and be all Ghandiesque about it - which might cause people to turn back from the brink…

The upshot being, if the Democrats use this election to show how politics can be played, perhaps it might pull people in the right direction - thus “forcing” the republicans to behave like adults or risk losing an election.

In essence - a rejection of partisanship in favour genuine discussion might cause a few planks to fall from a few eyes

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**Author:** ![YogSothoth](https://avatars.discourse-cdn.com/v4/letter/y/8edcca/32.png) [@YogSothoth](https://boards.straightdope.com/u/YogSothoth)\
**Post date:** [August 5, 2016, 7:16pm UTC](https://boards.straightdope.com/t/shouldnt-the-republicans-be-reconsidering-hearings/761689/22 "2016-08-05T19:16:06Z")

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> [@Kolak\_of\_Twilo](#):
>
> Unless the Democrats get a majority in the Senate I think you are probably correct. In fact, unless the D’s are able to get 60 seats I would expect any Clinton nominee to be filibustered.

I thought you can’t filibuster a SCOTUS nominee?

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**Author:** ![Ambrosio\_Spinola](https://avatars.discourse-cdn.com/v4/letter/a/9de0a6/32.png) [@Ambrosio\_Spinola](https://boards.straightdope.com/u/Ambrosio_Spinola)\
**Post date:** [August 5, 2016, 8:12pm UTC](https://boards.straightdope.com/t/shouldnt-the-republicans-be-reconsidering-hearings/761689/23 "2016-08-05T20:12:29Z")

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> [@YogSothoth](#):
>
> I thought you can’t filibuster a SCOTUS nominee?

At the present, it’s possible, but it’s never been done. However, if it _was_ done, the majority could amend the rules so that it was no longer possible - something along those lines happened to essentially remove the filibuster for district and court of appeals judges a few years ago.

Also worth noting is that current law requires a quorum of six Justices to hear cases. If for whatever reason the Supreme Court fell to five members, it could no longer meet until they got some new appointees (or the law was changed). As funny as it is to think of the court becoming some sort of judicial tontine, it won’t be happening just now.

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**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\
**Post date:** [August 5, 2016, 8:18pm UTC](https://boards.straightdope.com/t/shouldnt-the-republicans-be-reconsidering-hearings/761689/24 "2016-08-05T20:18:55Z")

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> [@Ambrosio\_Spinola](#):
>
> As funny as it is to think of the court becoming some sort of judicial tontine, it won’t be happening just now.

I, for one, would like to live in an America where the Supreme Court is run like the plot of Highlander.

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**Author:** ![Buck\_Godot](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/buck_godot/32/6573_2.png) [@Buck\_Godot](https://boards.straightdope.com/u/Buck_Godot)\
**Post date:** [August 5, 2016, 8:43pm UTC](https://boards.straightdope.com/t/shouldnt-the-republicans-be-reconsidering-hearings/761689/25 "2016-08-05T20:43:49Z")

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> [@bengangmo](#):
>
> I’m thinking that maybe, just perhaps with the nuttery from the right, this might be a chance for some “responsible” people to step forward and be all Ghandiesque about it - which might cause people to turn back from the brink…
> 
> The upshot being, if the Democrats use this election to show how politics can be played, perhaps it might pull people in the right direction - thus “forcing” the republicans to behave like adults or risk losing an election.
> 
> In essence - a rejection of partisanship in favour genuine discussion might cause a few planks to fall from a few eyes

Its also possible that Pat Robertson will convert to Islam. If Clinton comes in with Garland as her first choice, the Republicans will suggest someone to the right of Bork, hoping that they will end up in the middle with someone like Alito. Any claims of obstructionism will be seen by the media and the voters as being perpetrated equally by both sides.

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