# What is the GOP's long game on filling Scalia's seat if Hillary is elected? **URL:** \ **Category:** Great Debates\ **Created:** [February 22, 2016, 8:05pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827 "2016-02-22T20:05:31Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\ **Post date:** [February 23, 2016, 3:17pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/21 "2016-02-23T15:17:17Z")
> [@Shodan](#): > > Perhaps Biden was right, then. > [Cite](http://www.foxnews.com/politics/2016/02/23/biden-argued-against-weighing-supreme-court-nomination-during-1992-campaign.html?intcmp=hpbt2). > > Regards, > Shodan You’re absolutely right… as long as you consider what he actually said rather than what FoxNews said he said: > [@Joe Biden](#): > > “I believe that so long as the public continues to split its confidence between the branches, compromise is the responsible course both for the White House and for the Senate,” he said. “Therefore I stand by my position, Mr. President, if the President [George H.W. Bush] consults and cooperates with the Senate or moderates his selections absent consultation, then his nominees may enjoy my support as did Justices Kennedy and Souter.” I know - how unusual for FoxNews to take a small excerpt of what someone said and pretend they meant the exact opposite of their actual views! They’ve never done THAT before. But in case you’re not convinced, Biden has reiterated the point: > [@](#): > > “Nearly a quarter century ago, in June 1992, I gave a lengthy speech on the Senate floor about a hypothetical vacancy on the Supreme Court. Some critics say that one excerpt of my speech is evidence that I oppose filling a Supreme Court vacancy in an election year. This is not an accurate description of my views on the subject. Indeed, as I conclude in the same statement critics are pointing to today, urged the Senate and White House to work together to overcome partisan differences to ensure the Court functions as the Founding Fathers intended. That remains my position today.” Glad to see you agree with it. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 23, 2016, 3:22pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/22 "2016-02-23T15:22:31Z")
> [@iiandyiiii](#): > > What if Obama nominates a “genuine compromise” candidate in a few weeks? > [@Shodan](#): > > Then Congress holds hearings . . . Despite all those Pub Senators’ public promises not to? ---
**Author:** ![Pearl\_Clutching\_Provocateur](https://avatars.discourse-cdn.com/v4/letter/p/c68b51/32.png) [@Pearl\_Clutching\_Provocateur](https://boards.straightdope.com/u/Pearl_Clutching_Provocateur)\ **Post date:** [February 23, 2016, 3:28pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/23 "2016-02-23T15:28:50Z")
> [@Gyrate](#): > > You’re absolutely right… as long as you consider what he actually said rather than what FoxNews said he said:I know - how unusual for FoxNews to take a small excerpt of what someone said and pretend they meant the exact opposite of their actual views! They’ve never done THAT before. > > But in case you’re not convinced, Biden has reiterated the point:Glad to see you agree with it. If Obama nominates a moderate judge not a radical leftist, he or she will be confirmed. ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [February 23, 2016, 3:31pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/24 "2016-02-23T15:31:47Z")
To the GOP, “moderate” = “radical leftist.” They know in the long run that control of the Supreme Court is more important than control of the Senate. They will do everything possible, including throwing a number of their own under the bus to make sure that the court stays as conservative as possible. Losing control of the Senate is a two-year problem. Losing control of the Supreme Court is a decades-long problem. ---
**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\ **Post date:** [February 23, 2016, 3:56pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/25 "2016-02-23T15:56:03Z")
> [@Pearl\_Clutching\_Provocateur](#): > > If Obama nominates a moderate judge not a radical leftist, he or she will be confirmed. My point is that any judge nominated by Obama will be called “radical leftist” by the GOP regardless of their actual record. ---
**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 23, 2016, 4:01pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/26 "2016-02-23T16:01:46Z")
> [@Gyrate](#): > > You’re absolutely right… as long as you consider what he actually said rather than what FoxNews said he said:I know - how unusual for FoxNews to take a small excerpt of what someone said and pretend they meant the exact opposite of their actual views! They’ve never done THAT before. > > But in case you’re not convinced, Biden has reiterated the point:Glad to see you agree with it. No, he’s doing his own spin. He said they should not hold confirmation hearings during the campaign, and should wait until after the election. I suspect he was concerned that such hearings would adversely affect the Democrats in the election, but now he’s trying to act like it was some high minded purpose. It’s true that he did not say then what the GOP is saying now, but let’s get the record straight. ---
**Author:** ![Jack\_Batty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jack_batty/32/3201_2.png) [@Jack\_Batty](https://boards.straightdope.com/u/Jack_Batty)\ **Post date:** [February 23, 2016, 4:04pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/27 "2016-02-23T16:04:27Z")
Well, then my question to the Republicans who are pretending they have the high road here is this: was Biden wrong 24 years ago? If so, why aren’t the Republican’s wrong now? ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [February 23, 2016, 4:08pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/28 "2016-02-23T16:08:01Z")
> [@Jack\_Batty](#): > > Well, then my question to the Republicans who are pretending they have the high road here is this: was Biden wrong 24 years ago? If so, why aren’t the Republican’s wrong now? Of course he was wrong then, he [directly contradicted St. Ronald](http://www.c-span.org/video/?c4581760/reagan-1988-sotu-urge-senate-move-quickly-decisively-confirming-judge-anthony-kennedy-highest-court&beta=): > [@](#): > > “I urge the Senate to move quickly and decisively in confirming Judge Anthony Kennedy to the highest Court in the land and to also confirm 27 nominees now waiting to fill vacancies in the Federal judiciary.” ~~Reagan 1988 SOTU ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [February 23, 2016, 4:19pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/29 "2016-02-23T16:19:03Z")
> [@Ravenman](#): > > So if one street gang has a habit of beating up another street gang, and the second street gang escalates to murder, is the escalation relevant? Or would you say of the murders, “Eh, both sides do it. Nothing new.” No. But if both sides play politics with Supreme Court nominations, then I say “both sides do it”. > [@Jack Batty](#): > > Well, then my question to the Republicans who are pretending they have the high road here is this: was Biden wrong 24 years ago? If so, why aren’t the Republican’s wrong now? Both sides are playing politics with nominations. If one didn’t complain about it when the Dems did it, one has no right to complain now. Sorry, this “let’s pretend my flip-flops are the result of high-mindedness until the shoe is on the other foot and I flip back” is just a little too convenient. It’s like the _New York Times_ and the filibuster several years back - when the Dems are in the minority, the filibuster is an important protection of the rights of the minority, and when the GOP is in the minority, suddenly it becomes a hideous violation of the principles of representative democracy. See also all the talk about how the President should replace a liberal with a liberal to maintain the balance of the court, and never consider balance as a factor when replacing a conservative. And, of course, “Republicans are in the minority and they won’t compromise and do what Democrats want! WAAAAAH!” followed by “Republicans are in the majority and they won’t compromise and do what Democrats want! WAAAAH even louder!!!” Regards, Shodan ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [February 23, 2016, 4:23pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/30 "2016-02-23T16:23:02Z")
If Hillary wins and Democrats retake the Senate, they’ll have to go nuclear and dump the filibuster rule for Supreme Court nominees. Otherwise, as long as you have 40 Republicans or more in the Senate, no Supreme Court seat will ever be filled during a Democratic administration. We could very easily wind up with a Supreme Court with four or fewer justices by the end of Hillary’s second term. If Hillary wins and Republicans maintain the Senate, forget about any confirmations. ---
**Author:** ![Pearl\_Clutching\_Provocateur](https://avatars.discourse-cdn.com/v4/letter/p/c68b51/32.png) [@Pearl\_Clutching\_Provocateur](https://boards.straightdope.com/u/Pearl_Clutching_Provocateur)\ **Post date:** [February 23, 2016, 4:24pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/31 "2016-02-23T16:24:59Z")
> [@Fear\_Itself](#): > > Of course he was wrong then, he [directly contradicted St. Ronald](http://www.c-span.org/video/?c4581760/reagan-1988-sotu-urge-senate-move-quickly-decisively-confirming-judge-anthony-kennedy-highest-court&beta=): How is mocking Ronald Reagan as St. Ron not trolling? Why not simply refer to him as Ronald Reagan? ---
**Author:** ![BobLibDem](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/boblibdem/32/3149_2.png) [@BobLibDem](https://boards.straightdope.com/u/BobLibDem)\ **Post date:** [February 23, 2016, 4:31pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/32 "2016-02-23T16:31:01Z")
> [@Pearl\_Clutching\_Provocateur](#): > > How is mocking Ronald Reagan as St. Ron not trolling? Why not simply refer to him as Ronald Reagan? It’s a common derisive name for him. Like calling Bush Shrubya or Chimpy, or Republicans referring to the “Democrat Party”. ---
**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\ **Post date:** [February 23, 2016, 4:39pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/33 "2016-02-23T16:39:25Z")
> [@BobLibDem](#): > > If Hillary wins and Democrats retake the Senate, they’ll have to go nuclear and dump the filibuster rule for Supreme Court nominees. Otherwise, as long as you have 40 Republicans or more in the Senate, no Supreme Court seat will ever be filled during a Democratic administration. We could very easily wind up with a Supreme Court with four or fewer justices by the end of Hillary’s second term. If Hillary wins and Republicans maintain the Senate, forget about any confirmations. Why stop there? We could keep going until there is only one remaining (ala Highlander). Kagan is the youngest, so she has the inside track to be the entire supreme court! ---
**Author:** ![silenus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/silenus/32/166_2.png) [@silenus](https://boards.straightdope.com/u/silenus)\ **Post date:** [February 23, 2016, 4:40pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/34 "2016-02-23T16:40:27Z")
> [@BobLibDem](#): > > If Hillary wins and Democrats retake the Senate, they’ll have to go nuclear and dump the filibuster rule for Supreme Court nominees. Otherwise, as long as you have 40 Republicans or more in the Senate, no Supreme Court seat will ever be filled during a Democratic administration. We could very easily wind up with a Supreme Court with four or fewer justices by the end of Hillary’s second term. If Hillary wins and Republicans maintain the Senate, forget about any confirmations. Let them filibuster. All it does is take up floor time. If the Republicans have 40 members of the Senate, then all they can do is delay the nomination for 40 days or so, and that is if _every single one_ of them is Strom Thurmond. Once every Republican has spoken, the filibuster is **over**. 40 days of no action from the Senate is par for the course these days. ---
**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:** [February 23, 2016, 4:42pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/35 "2016-02-23T16:42:59Z")
> [@Pearl\_Clutching\_Provocateur](#): > > How is mocking Ronald Reagan as St. Ron not trolling? Why not simply refer to him as Ronald Reagan? PCP, accusations of trolling are not allowed in Great Debates. I’m giving you a warning for this. Please don’t do it again. As for things such as ‘St Ron’ or ‘Democrat Party’ and such? I find such mockery distasteful but usually not actionable. I could see a context in which such IS moderatable but generally it slides. ---
**Author:** ![yanceylebeef](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yanceylebeef/32/12290_2.png) [@yanceylebeef](https://boards.straightdope.com/u/yanceylebeef)\ **Post date:** [February 23, 2016, 4:44pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/36 "2016-02-23T16:44:00Z")
> [@Shodan](#): > > Perhaps Biden was right, then. > [Cite](http://www.foxnews.com/politics/2016/02/23/biden-argued-against-weighing-supreme-court-nomination-during-1992-campaign.html?intcmp=hpbt2). > > Regards, > Shodan Well, as long as we are quote mining from 25 years ago… > [@](#): > > The time is now right to join together in a bipartisan effort to fulfill our constitutional obligation of restoring the United States Supreme Court to full strength. Ronald Reagan, 1988. Coincidentally an election year. ---
**Author:** ![Fear\_Itself](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fear_itself/32/19637_2.png) [@Fear\_Itself](https://boards.straightdope.com/u/Fear_Itself)\ **Post date:** [February 23, 2016, 4:58pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/37 "2016-02-23T16:58:31Z")
> [@silenus](#): > > Let them filibuster. All it does is take up floor time. If the Republicans have 40 members of the Senate, then all they can do is delay the nomination for 40 days or so, and that is if _every single one_ of them is Strom Thurmond. Once every Republican has spoken, the filibuster is **over**. 40 days of no action from the Senate is par for the course these days. Most filibusters today are the procedural variety. All the minority party has to do is get 41 votes to prevent a cloture vote from passing, and the filibuster successfully blocks the business under consideration. Doesn’t take any time at all. ---
**Author:** ![YogSothoth](https://avatars.discourse-cdn.com/v4/letter/y/8edcca/32.png) [@YogSothoth](https://boards.straightdope.com/u/YogSothoth)\ **Post date:** [February 23, 2016, 4:58pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/38 "2016-02-23T16:58:52Z")
The GOP remind me of the Sith, always dealing in absolutes. Its impossible for their brain to comprehend that Biden didn’t support one side of the binary CONFIRM\_NOMINEE\_IN\_ELECTION\_YEAR vs. DO\_NOT\_CONFIRM\_NOMINEE\_IN\_ELECTION\_YEAR. People are complex, but to fool the Republican base, the more crafty of the party have to trick them using simple slogans to believe the world is black and white, and then take one side. Of course Biden didn’t say something so stupid, he has nuance, he’s smart, even if his public persona is a goofy uncle. What McConnell and most of the rest of the GOP say now do not have nuance or intelligence, and will come back to haunt them. There is no amount of “it was taken out of context” that will save them 😃 ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [February 23, 2016, 5:00pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/39 "2016-02-23T17:00:12Z")
So Reagan was correct, and McConnell and Biden and Obama were wrong? No doubt you can link to some condemnation, either by you or on the SDMB in general, condemning Obama for his desire to filibuster Alito. Or else both sides are playing politics with the nomination process. Regards, Shodan ---
**Author:** ![Johnny\_L.A](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnny_l.a/32/1084_2.png) [@Johnny\_L.A](https://boards.straightdope.com/u/Johnny_L.A)\ **Post date:** [February 23, 2016, 5:18pm UTC](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827/40 "2016-02-23T17:18:26Z")
> [@YogSothoth](#): > > What McConnell and most of the rest of the GOP say now do not have nuance or intelligence, and will come back to haunt them. There is no amount of “it was taken out of context” that will save them 😃 I agree with Mitch McConnell. > [@Mitch McConnell](#): > > Any attempt to deny confirmation on the basis of a philosophy, that is within the mainstream of American political and judicial thought, is an assault on this tripartite structure of government. > [@Mitch McConnell](#): > > It is time to move away from advise and obstruct and get back to advise and consent. The stakes are high. The Constitution of the United States is at stake. Article 2, section 2 clearly provides the President and the President alone nominates judges. We need to let the process play out here, an orderly process, a fair process, not a rush to judgment. > [@Mitch McConnell](#): > > I think the best standard for the Senate to adopt is to leave the philosophy to the President and to make certain that we get men and women as nominees up here who are men and women of conspicuous achievement, those who have published, those who have achieved great distinction in their fields, in the field of law, in the field of endeavor. I think that is a lot safer ground for us to be on for the future than to simply adopt a philosophical inquiry and go down that road. [Previous page](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827.md?page=1) [Next page](https://boards.straightdope.com/t/what-is-the-gops-long-game-on-filling-scalias-seat-if-hillary-is-elected/746827.md?page=3)