# Will Congress forestall every attempt by Obama to appoint a new justice for the rest of his term? **URL:** \ **Category:** Politics & Elections\ **Created:** [February 13, 2016, 11:38pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067 "2016-02-13T23:38:47Z")\ **Posts on this page:** 20\ **Page:** 15
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [February 16, 2016, 8:35pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/281 "2016-02-16T20:35:48Z")
> [@](#): > > Quoth **doorhinge** : > > I’m saying that the U.S. Senate does not have to rubberstamp everything the President wants. Them’s the rules. So tell that to McConnell. He’s the one who’s saying the Senate should rubber-stamp everything. It’s the Democrats who don’t just want a rubber-stamp. ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [February 16, 2016, 8:36pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/282 "2016-02-16T20:36:13Z")
> [@Elendil\_s\_Heir](#): > > CNN on why some, if not all, prospective SCOTUS nominees might be reluctant to take the gig: [http://www.cnn.com/2016/02/16/politics/supreme-court-nomination-possibilities/index.html](http://www.cnn.com/2016/02/16/politics/supreme-court-nomination-possibilities/index.html) My god what an annoying article. First they state the obvious, a nominee would have an uncomfortable time and no guarantee of getting the job. Then they toss out ridiculous possibilities like maybe he’ll nominate some Republican Senator, you know just to mess with them. 81 year old Orrin Hatch for Christ sake? ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [February 16, 2016, 8:48pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/283 "2016-02-16T20:48:39Z")
Yeah, Orrin Hatch has much chance of being nominated by President Obama as… as… jeez, I dunno - Ted Cruz, maybe! ---
**Author:** ![treis](https://avatars.discourse-cdn.com/v4/letter/t/bc79bd/32.png) [@treis](https://boards.straightdope.com/u/treis)\ **Post date:** [February 16, 2016, 8:48pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/284 "2016-02-16T20:48:50Z")
> [@CarnalK](#): > > What the heck? He’s going to wait to see who the nominee is but the next President is who should fill the position. How is that differentiating himself from McConnell’s position? I dunno. But the Republicans have seemingly made a tactical mistake. If they say let the people have their say in the new presidential election, what happens if Clinton/Sanders wins? It’ll be extremely awkward to oppose their nominee. Not that it will stop them, but still. They would have done much better stalling for a few months before voting down whoever Obama nominated. ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 16, 2016, 8:49pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/285 "2016-02-16T20:49:36Z")
> [@Procrustus](#): > > Deal? He’s going to nominate someone. The Senate can confirm or reject. Should he offer them something more for doing their job? > > He can certainly make a deal if he wants his nominee confirmed, and I assume he would be happy to work with Senators who were willing to consider approving qualified nominees. Please let the White House know if you hear of any Senators like that. You aren’t new to politics. Yes, he has to make a deal. Just how impotent do you believe Obama is if he has to search the internet for help? Kinda late for that, ain’t it? Obama could, maybe, ask the Democrats in Congress to help him make a deal? Can you suggest any Democrats that haven’t burned the bridges with the Republicans and Tea Party? Hairy Reid? Pelosi? Bueller? ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 16, 2016, 8:53pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/286 "2016-02-16T20:53:40Z")
> [@Ravenman](#): > > Since you are returning to this argument, please answer my previous question to you:No rule against the IRS running Republican PACs through a meat grinder on basis of their beliefs. So that’s okay, right? The IRS officials claimed 5th Amendment protection. It seems that the IRS officials are concerned that there are rules against the actions they took. Maybe you should rephrase your hijack? ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 16, 2016, 8:56pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/287 "2016-02-16T20:56:13Z")
> [@Chronos](#): > > So tell that to McConnell. He’s the one who’s saying the Senate should rubber-stamp everything. It’s the Democrats who don’t just want a rubber-stamp. Why? Is your internet connection broke? If you want to tell him, go right ahead. I’m not going to stand in your way. ---
**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:** [February 16, 2016, 9:01pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/288 "2016-02-16T21:01:04Z")
> [@doorhinge](#): > > The IRS officials claimed 5th Amendment protection. It seems that the IRS officials are concerned that there are rules against the actions they took. Maybe you should rephrase your hijack? Taking the Fifth doesn’t mean admitting guilt to criminality. It cracks me up that you’re lecturing people on the Constitution, and can’t get the Bill of Rights right. But in any case, the FBI investigated. Lois Learner didn’t break any laws. Since she didn’t break any rules, that’s okay, right? Because the standard you are setting out is that there has to be a rule against something for someone to be wrong to do it. Face it, if you follow your own logic, Learner did absolutely nothing wrong. The Democrat Party thanks you for your support of her. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 16, 2016, 9:06pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/289 "2016-02-16T21:06:07Z")
> [@doorhinge](#): > > Obama could, maybe, ask the Democrats in Congress to help him make a deal? Can you suggest any Democrats that haven’t burned the bridges with the Republicans and Tea Party? Hairy Reid? Pelosi? Bueller? You’re saying the \*Democrats \*in the Senate are the problem? That’s breathtaking. I know the country is polarized, and I don’t suggest the Democrats are perfect by a long shot, but holy crap Batman, even you can’t believe the Republicans in the Senate are acting reasonably, ethically, or even intelligently. What if Obama decided to veto all Bills that hit his desk over the next 11 months, saying “I think the next President should decide if the Bill becomes a law, so the people have a say in it.” Perfectly legal, but completely ridiculous. ---
**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 16, 2016, 9:18pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/290 "2016-02-16T21:18:21Z")
> [@CarnalK](#): > > I don’t get what Evil Captor thinks will be gained by the grand gesture of nominating Noam Chomsky. Motivate the base? But would it motivate them to come out and vote Hillary/Dem? Just a satisfying middle finger to the Republicans? I don’t get it. Simple enough: you always start your negotiating at the extreme of your position and then work toward the middle. You don’t start negotiation the price of a car by offering 95% of what the dealer wants for it. You start well below what the dealer will accept and then counteroffers are made, etc. I’m sure you know the process. By initially offering a Chomsky-type jurist (not Chomsky himself, he’s way too old) Obama sets himself up to offer a more moderate but still very leftish jurist when the Senate rejects the Chomsky-oid. Now Obama and the Democrats look like reasonable people who are willing to make a compromise. And the Repubs look like, well … themselves. Of course they will call the more moderate jurist a fiendish communist from Hell, but they’ve used that sort of rhetoric that nobody believes them any more. The Dems can’t lose here. ---
**Author:** ![kenobi\_65](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kenobi_65/32/13178_2.png) [@kenobi\_65](https://boards.straightdope.com/u/kenobi_65)\ **Post date:** [February 16, 2016, 9:36pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/291 "2016-02-16T21:36:13Z")
> [@doorhinge](#): > > Obama might be the greatest political negotiator of the past seven years if you ignore his inability to work with the duly elected representatives in Congress. > > Good government is based on the ability of elected leaders to reach a compromise with the opposing party. By your definition, the obstructionist, Republican-led Congress is every bit as bad at government as you believe Obama to be. ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 16, 2016, 9:41pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/292 "2016-02-16T21:41:16Z")
> [@Procrustus](#): > > You’re saying the \*Democrats \*in the Senate are the problem? That’s breathtaking. > > I know the country is polarized, and I don’t suggest the Democrats are perfect by a long shot, but holy crap Batman, even you can’t believe the Republicans in the Senate are acting reasonably, ethically, or even intelligently. What if Obama decided to veto all Bills that hit his desk over the next 11 months, saying “I think the next President should decide if the Bill becomes a law, so the people have a say in it.” Perfectly legal, but completely ridiculous. Breath. It’s good for your complexion. Unless you prefer shades of blue. Democrats don’t believe Republicans are acting responsibly. Republicans don’t believe Democrats are acting responsibly. Democrats and Republicans like to tell the other side what they should, and shouldn’t, believe. Republicans and Democrats no longer care what the other party thinks they should believe. What if Obama managed to find a SCOTUS nominee and presented him/her to the Senate? Instead of all this faux internet rage, the Senators could then proceed to the next step. What will they do? I can hardly wait to find out. Will the nominee survive the Congressional conformation hearing? Will the nominee survive the onslaught of the media outlets? Will the nominee survive the quips from social media? Will all of the Democrats support the nominee? Will all of the Republicans refuse to support the nominee? Will more Democrats/Republicans turn out to vote based specifically on the discussions over the SCOTUS nominee? November is a looooong way off. There are lots of discussions on the various issues but no serious discussion on Obama’s SCOTUS nominee can take place until after Obama finds a nominee. ---
**Author:** ![Merneith](https://avatars.discourse-cdn.com/v4/letter/m/57b2e6/32.png) [@Merneith](https://boards.straightdope.com/u/Merneith)\ **Post date:** [February 16, 2016, 9:43pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/293 "2016-02-16T21:43:41Z")
> [@doorhinge](#): > > Hahahaha. Which Republicans, specifically, are, in your words, “insisting that the President is not entitled to nominate a candidate”? Of course the President can nominate a candidate. It’s not some kind of secret, doorhinge. The actual quotes from Republicans denying that President Obama has a right to nominate a candidate have been all over the news for days, now. But here’s the quotes, again, with citations. Don’t say I never did anything for you. **Ted Cruz** > **[Ted Cruz says he will ‘absolutely’ filibuster Obama’s nominee to replace Scalia](https://www.yahoo.com/news/scalia-death-gop-reacts-165826911.html)** > > The Texas senator and Republican presidential hopeful is threatening to block the president's choice for the next Supreme Court justice. "“This should be a decision for the people,” Cruz said on ABC’s “This Week With George Stephanopoulos” on Sunday. “Let the election decide. If the Democrats want to replace [Scalia], they need to win the election. \ Asked whether he would filibuster Obama’s choice, Cruz said: "Absolutely.” " **Mitch McConnell** [https://www.washingtonpost.com/news/the-fix/wp/2016/02/15/why-senate-republicans-made-a-big-mistake-on-the-supreme-court-opening](https://www.washingtonpost.com/news/the-fix/wp/2016/02/15/why-senate-republicans-made-a-big-mistake-on-the-supreme-court-opening) “The American people‎ should have a voice in the selection of their next Supreme Court Justice,” McConnell (R-Ky.) said in a statement. “Therefore, this vacancy should not be filled until we have a new president.” > [@](#): > > What the President is not entitled to do is expect the U.S. Senate to treat the selection as if it were a royal decree. > > The Senate will do what the Senate majority wants it to do. Them’s the rules. Nobody but you has insisted that Democrats want the Senate to automatically approve Obama’s candidate. I have specifically and repeatedly said that the Senate is free to reject them. What I’m saying is that Cruz’s insistence that he won’t even let the hearing take place is unconstitutional and against the rules. Let the Republicans hold the hearing, ask their questions, and then make their vote. Publicly. That’s what I want. And then let them do it again. And again. And again. Then we’ll let the American People have voice in what they think about that behavior. ---
**Author:** ![Merneith](https://avatars.discourse-cdn.com/v4/letter/m/57b2e6/32.png) [@Merneith](https://boards.straightdope.com/u/Merneith)\ **Post date:** [February 16, 2016, 9:45pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/294 "2016-02-16T21:45:46Z")
> [@Evil\_Captor](#): > > Simple enough: you always start your negotiating at the extreme of your position and then work toward the middle. You don’t start negotiation the price of a car by offering 95% of what the dealer wants for it. You start well below what the dealer will accept and then counteroffers are made, etc. I’m sure you know the process. > > By initially offering a Chomsky-type jurist (not Chomsky himself, he’s way too old) Obama sets himself up to offer a more moderate but still very leftish jurist when the Senate rejects the Chomsky-oid. Now Obama and the Democrats look like reasonable people who are willing to make a compromise. And the Repubs look like, well … themselves. Of course they will call the more moderate jurist a fiendish communist from Hell, but they’ve used that sort of rhetoric that nobody believes them any more. The Dems can’t lose here. I think you’re wildly overestimating anyone’s affection for Noam Chomsky, most of all the youth vote who are buoying up Sanders’ numbers. ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [February 16, 2016, 9:50pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/295 "2016-02-16T21:50:47Z")
[Obama Compiles Shortlist Of Gay, Transsexual Abortion Doctors To Replace Scalia](http://www.theonion.com/article/obama-compiles-shortlist-gay-transsexual-abortion--52361?utm_source=Twitter&utm_medium=SocialMarketing&utm_campaign=Pic:3:Default) Sadly, listening to some conservative parts of the web, I think some actually believe something very like that. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [February 16, 2016, 9:55pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/296 "2016-02-16T21:55:20Z")
> [@RTFirefly](#): > > On January 3, 2017, the Dems try to hold a vote confirming Sri Srinivasan, who Obama nominated in March 2016, but the GOP filibusters the nomination. The Dems take the Senate into recess, Ummm … and the Pubs wouldn’t filibuster the motion to recess? It is a debatable motion you know. ---
**Author:** ![CarnalK](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/carnalk/32/486_2.png) [@CarnalK](https://boards.straightdope.com/u/CarnalK)\ **Post date:** [February 16, 2016, 9:56pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/297 "2016-02-16T21:56:20Z")
> [@Whack-a-Mole](#): > > [Obama Compiles Shortlist Of Gay, Transsexual Abortion Doctors To Replace Scalia](http://www.theonion.com/article/obama-compiles-shortlist-gay-transsexual-abortion--52361?utm_source=Twitter&utm_medium=SocialMarketing&utm_campaign=Pic:3:Default) > > Sadly, listening to some conservative parts of the web, I think some actually believe something very like that. Sounds like a solid place to start negotiations! ---
**Author:** ![Whack-a-Mole](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/whack-a-mole/32/141_2.png) [@Whack-a-Mole](https://boards.straightdope.com/u/Whack-a-Mole)\ **Post date:** [February 16, 2016, 10:05pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/298 "2016-02-16T22:05:19Z")
> [@doorhinge](#): > > If Obama wants to push his nominee thru a recalcitrant Senate, it’s Obama who is going to have to make a deal. Some kind of deal. Any kind of deal. A deal deal. Or he can stand on the sidelines scratching his ass wondering why everybody doesn’t love him as much as he loves himself. Well, you have to game out different scenarios (I am sure republican senators are drawing up a detailed roadmap on what to do). If the republicans thought that Clinton or especially Sanders was going to win the White House they would be better off taking an Obama appointee. If they think they have a chance of losing control of the senate they are REALLY better off taking an Obama pick. At least with Obama the Senate can demand someone closer to the middle and less liberal. They will have a harder time making that demand and continuing obstructionism under a new democratic president. And of course all bets are off if they lose the senate (which is a real possibility…not a foregone conclusion but not one they can easily ignore either). Of course the democrats can do that math too and at some point decide to stop putting forward a nominee. It is all a gamble really and neither side can know for certain. Still, there are more scenarios where I think republicans would actually rather have an Obama nominee than anyone other than a republican president. My guess is they will drag their heels till near or after the conventions and then see where things stand. Personally I would love it if dems win the presidency and win the senate in November and then Obama in early January nominated himself to the court (which he can do it seems). While I actually think he might make a good justice I would like it mostly for the wailing and ganshing of teeth it would cause among conservatives. ---
**Author:** ![slash2k](https://avatars.discourse-cdn.com/v4/letter/s/439d5e/32.png) [@slash2k](https://boards.straightdope.com/u/slash2k)\ **Post date:** [February 16, 2016, 10:16pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/299 "2016-02-16T22:16:04Z")
doorhinge: How do you make a deal with someone who says unequivocally, “I will not make a deal under any circumstances whatsoever, so don’t bother asking”? Let’s try a hypothetical: you want me to change my username to slash7000, and I refuse to do so. Please lay out your exact negotiating strategy to “make a deal.” ---
**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\ **Post date:** [February 16, 2016, 10:28pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/300 "2016-02-16T22:28:24Z")
> [@Saint\_Cad](#): > > Ummm … and the Pubs wouldn’t filibuster the motion to recess? It is a debatable motion you know. Moreover, the ruing in NLRB v Canning clearly prohibits a recess appointment in a recess of less than 3 days. And per the Constitution the House must consent to the Senate recessing more than 3 days. So this hypothetical does not work unless the Dems take both houses of Congress. No one on their right mind is projecting the Democrats to take control of the House. Senate, maybe. [Previous page](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067.md?page=14) [Next page](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067.md?page=16)