# 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:** 20
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 17, 2016, 8:18pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/381 "2016-02-17T20:18:21Z")
> [@Fear\_Itself](#): > > Unlike your side, Democrats respect the Constitution. Opinions differ. Such as whether the Bill of (individual) Rights actually applies to individuals or only to a militia. ---
**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 17, 2016, 8:20pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/382 "2016-02-17T20:20:07Z")
> [@](#): > > Senate Majority Leader Mitch McConnell said the Senate should not confirm a replacement for Supreme Court Justice Antonin Scalia until after the 2016 election — an historic rebuke of President Obama’s authority and an extraordinary challenge to the practice of considering each nominee on his or her individual merits. > > The swiftness of McConnell’s statement — coming about an hour after Scalia’s death in Texas had been confirmed — stunned White House officials who had expected the Kentucky Republican to block their nominee with every tool at his disposal, but didn’t imagine the combative GOP leader would issue an instant, categorical rejection of anyone Obama chose to nominate > [@doorhinge](#): > > I wonder who actually started the kerfuffle? n/t ---
**Author:** ![JRDelirious](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jrdelirious/32/9531_2.png) [@JRDelirious](https://boards.straightdope.com/u/JRDelirious)\ **Post date:** [February 17, 2016, 8:22pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/383 "2016-02-17T20:22:15Z")
Right. They are entirely within their right to not consider any Obama nominee. Announcing immediately (with the body still warm as it were) that the nomination should wait for the next president, however, was uncalled for. (Also, beneath them - that was a call that should have been made by Limbaugh or Breitbart or the National Review first.) ---
**Author:** ![Snarky\_Kong](https://avatars.discourse-cdn.com/v4/letter/s/a183cd/32.png) [@Snarky\_Kong](https://boards.straightdope.com/u/Snarky_Kong)\ **Post date:** [February 17, 2016, 8:27pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/384 "2016-02-17T20:27:19Z")
> [@doorhinge](#): > > I asked who started the kerfuffle. > > My position is that Obama lacks the skillset to get his nomination seated on the SCOTUS. > > A truly exceptional American, which Obama claims that he isn’t, would be able to find a way to make the deal happen. Your side is already making excuses for Obama’s failure and the race hasn’t even started yet. Do you think for a second anyone is buying your act? ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 17, 2016, 8:42pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/385 "2016-02-17T20:42:27Z")
> [@doorhinge](#): > > Good point. I wonder who actually started the kerfuffle? Was it the Democrats who are saying Obama can’t get his nominee thru the Senate, or was the Republicans who are saying Obama can’t get his nomination thru the Senate? > [@CarnalK](#): > > I understand every word. You explicitly said that you don’t understand what started all this. What started all this was Republican candidates and party leadership stating that the next Supreme Court judge shouldn’t be appointed until after the election. > [@doorhinge](#): > > No, I didn’t. Read it again and then we’ll talk. > [@CarnalK](#): > > n/t One mo’ time. “Who” not “What”. Who actually started the kerfuffle? ---
**Author:** ![slash2k](https://avatars.discourse-cdn.com/v4/letter/s/439d5e/32.png) [@slash2k](https://boards.straightdope.com/u/slash2k)\ **Post date:** [February 17, 2016, 8:46pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/386 "2016-02-17T20:46:15Z")
> [@doorhinge](#): > > (post shortened) > > Ahem, Washington’s, Lincoln’s, and Roosevelt’s supporters didn’t give up before the fight started which allowed great men to accomplish great things. > > Obama’s supporters are already claiming that Obama can’t get the job done. What chance does Obama have if his supporters have no faith in him? Lincoln tried to talk to the Southern leaders first. How did that work out? Washington and other colonial leaders tried to talk to the British first. How did that work out? Roosevelt tried to talk to the Japanese first. How did that work out? ---
**Author:** ![slash2k](https://avatars.discourse-cdn.com/v4/letter/s/439d5e/32.png) [@slash2k](https://boards.straightdope.com/u/slash2k)\ **Post date:** [February 17, 2016, 8:50pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/387 "2016-02-17T20:50:09Z")
> [@doorhinge](#): > > One mo’ time. “Who” not “What”. Who actually started the kerfuffle? Within an hour of the announcement of Scalia’s death, McConnell (he’s a Republican) made his first announcement about how Obama had no business nominating anybody. At the time, the only Democratic statements were messages of condolence to the family. In other words, McConnell started the kerfluffle. His statements have been quoted repeatedly in this thread. Read them, please, before attempting to explain them away. ---
**Author:** ![GrandWino](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/grandwino/32/67_2.png) [@GrandWino](https://boards.straightdope.com/u/GrandWino)\ **Post date:** [February 17, 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/746067/388 "2016-02-17T20:53:44Z")
Sure, _now_ Republicans care about “consent.” ---
**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 17, 2016, 8:54pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/389 "2016-02-17T20:54:32Z")
> [@doorhinge](#): > > One mo’ time. “Who” not “What”. Who actually started the kerfuffle? McConnell then? I told you what started this, which included the “who”. Do you now understand who started this kerfuffle? eta: though technically I guess Scalia started it by dying at such an inconvenient time. ---
**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 17, 2016, 9:10pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/390 "2016-02-17T21:10:42Z")
> [@doorhinge](#): > > Good point. I wonder who actually started the kerfuffle? Was it the Democrats who are saying Obama can’t get his nominee thru the Senate, or was the Republicans who are saying Obama can’t get his nomination thru the Senate? > [@CarnalK](#): > > I understand every word. You explicitly said that you don’t understand what started all this. What started all this was Republican candidates and party leadership stating that the next Supreme Court judge shouldn’t be appointed until after the election. I can’t believe you are honestly saying I’m the one having trouble understanding. ---
**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 17, 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/746067/391 "2016-02-17T21:18:00Z")
I can’t believe I’m agreeing with doorhinge but I said this would be a problem for Obama when running in 2008. He had no markers or gravitas on Capitol Hill due to his short time in the Senate. He needs to thank Sen. Pat Geary and Skeletor and CJ Roberts for getting ACA passed for him. No one owes him any favors so good luck with that. ---
**Author:** ![RTFirefly](https://avatars.discourse-cdn.com/v4/letter/r/c77e96/32.png) [@RTFirefly](https://boards.straightdope.com/u/RTFirefly)\ **Post date:** [February 17, 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/746067/392 "2016-02-17T21:50:13Z")
> [@Saint\_Cad](#): > > He needs to thank Sen. Pat Geary and Skeletor You guys really do speak your own secret language, don’t you? ---
**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 17, 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/746067/393 "2016-02-17T21:56:55Z")
> [@Saint\_Cad](#): > > I can’t believe I’m agreeing with doorhinge but I said this would be a problem for Obama when running in 2008. He had no markers or gravitas on Capitol Hill due to his short time in the Senate. You mean unlike all those other Presidents with long careers in the Senate? ---
**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\ **Post date:** [February 17, 2016, 10:10pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/394 "2016-02-17T22:10:32Z")
> [@doorhinge](#): > > One mo’ time. “Who” not “What”. Who actually started the kerfuffle? Answered already: “Republican candidates and party leadership” Do you need the names spelled out for you? Why did this confuse you? ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [February 17, 2016, 10:25pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/395 "2016-02-17T22:25:02Z")
> [@doorhinge](#): > > (post shortened) > > Ahem, Washington’s, Lincoln’s, and Roosevelt’s supporters didn’t give up before the fight started which allowed great men to accomplish great things. > > Obama’s supporters are already claiming that Obama can’t get the job done. What chance does Obama have if his supporters have no faith in him? > [@slash2k](#): > > Lincoln tried to talk to the Southern leaders first. How did that work out? > > Washington and other colonial leaders tried to talk to the British first. How did that work out? > > Roosevelt tried to talk to the Japanese first. How did that work out? Good point. In fact, let’s take a closer look at Lincoln. He was elected in 1860, to take office in March 4, 1861. Before he was even inaugurated, South Carolina, Mississippi, Florida, Alabama, Georgia, Louisiana and Texas had already seceeded. After he was inagurated South Carolina fired on Fort Sumter, and Virginia, Tennessee, North Carolina and Arkansas seceeded. Clearly, Lincoln was an abject failure. He had neither the personal gravitas to convince the first group of states to at least wait until he was inaugurated to see what he would do, nor the negotiating skills to keep the second group in line after he took office. What a LOSER! ---
**Author:** ![octopus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/octopus/32/3716_2.png) [@octopus](https://boards.straightdope.com/u/octopus)\ **Post date:** [February 18, 2016, 12:17am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/396 "2016-02-18T00:17:31Z")
> [@drad\_dog](#): > > They have a job to do as well, having to do with governing. > > He stated he was not going to do it BEFORE there is even a nominee. It was a big mistake not to wait for a name at least. It demonstrates guilt. > > When does behavior become egregious and what is the result for a senator who does not govern? It can’t be “wait until the next election” Define “govern.” Like it or not politics is a game and power is the prize. ---
**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 18, 2016, 12:21am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/397 "2016-02-18T00:21:58Z")
So profound, dude. ---
**Author:** ![octopus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/octopus/32/3716_2.png) [@octopus](https://boards.straightdope.com/u/octopus)\ **Post date:** [February 18, 2016, 12:51am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/398 "2016-02-18T00:51:23Z")
> [@Fear\_Itself](#): > > Unlike your side, Democrats respect the Constitution. That’s far from true. ---
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [February 18, 2016, 1:56am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/399 "2016-02-18T01:56:51Z")
Well, this certainly clears everything up. [Poll: Americans Split on if Senate Should Vote on Supreme Court Pick](http://www.nbcnews.com/meet-the-press/poll-americans-split-if-senate-should-vote-supreme-court-pick-n520201) ---
**Author:** ![Try2B\_Comprehensive](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/try2b_comprehensive/32/65_2.png) [@Try2B\_Comprehensive](https://boards.straightdope.com/u/Try2B_Comprehensive)\ **Post date:** [February 18, 2016, 6:29am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/400 "2016-02-18T06:29:17Z")
Ah, but polls don’t matter in this case, the Constitution defines the rules. Give it time. That’s where Obama’s leverage is in this. If his nominee is accepted, great, score one for the Dems. If his nominees are simply stonewalled, without even a vote, until the election, senators can be identified and basically publicly accused of committing a crime. The Senate voting ‘no’ on a nominee is one thing, but not allowing a vote is another. And rejecting all nominees through party discipline in voting may be harder than it looks in this case because there are plenty of GOP senators up for re-election who have enough problems without having to explain why they voted against an obviously qualified candidate. [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=19) [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=21)