# 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:** 23
**Author:** ![Frank](https://avatars.discourse-cdn.com/v4/letter/f/3d9bf3/32.png) [@Frank](https://boards.straightdope.com/u/Frank)\ **Post date:** [February 18, 2016, 10:50pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/441 "2016-02-18T22:50:19Z")
> [@Martin\_Hyde](#): > > The question is will the party fear losing the Senate due to purple state Senators up for election in 2016 (like Rob Portman in Ohio) enough to do something? Both Portman and Toomey (from next door Pennsylvania, and also up for re-election this year) have said that the next President should get to make the nomination. Whether they stick with this stance is still open, but if they do. . . well, we’ll see. ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 18, 2016, 10:50pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/442 "2016-02-18T22:50:21Z")
Plus we always knew Obama was a typical politician, and his “regret” at his 2006 actions with Alito do not actually help his case: > **[With the tables turned, Obama now 'regrets' his 2006 Alito filibuster](https://www.usatoday.com/story/news/politics/2016/02/17/obama-now-regrets-his-2006-alito-filibuster-white-house-says/80514152/)** > > The decade-old filibuster of Justice Samuel Alito was a "symbolic vote," White House says. ---
**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\ **Post date:** [February 18, 2016, 10:58pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/443 "2016-02-18T22:58:20Z")
> [@adaher](#): > > What Obama supporters don’t like to admit is that unlike past good Presidents, Obama can be opposed with impunity and there is zero electoral blowback. Because the public has never actually perceived him as a good President for more than a few days in his Presidency(as in, when he first started and when Osama bin laden was killed). That’s a bit much. The GOP’s numbers took a huge hit over the government shutdown. Half of the public might disapprove of Obama, but far more than half get pissed when the GOP stonewall him completely. ---
**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, 10:59pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/444 "2016-02-18T22:59:03Z")
> [@adaher](#): > > Plus we always knew Obama was a typical politician, and his “regret” at his 2006 actions with Alito do not actually help his case: > > [With the tables turned, Obama now 'regrets' his 2006 Alito filibuster](http://www.usatoday.com/story/news/politics/2016/02/17/obama-now-regrets-his-2006-alito-filibuster-white-house-says/80514152/) Voicing opposition during a confirmation is indeed typical politics. Do you think refusing to begin confirmation hearings would be typical politics? I know you are the side of them proceeding when he nominates, but would you excuse it as "typical politics " if they don’t? ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 18, 2016, 11:04pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/445 "2016-02-18T23:04:03Z")
> [@Really\_Not\_All\_That\_Bright](#): > > That’s a bit much. The GOP’s numbers took a huge hit over the government shutdown. Half of the public might disapprove of Obama, but far more than half get pissed when the GOP stonewall him completely. The shutdown was a bridge too far, and this might prove to be as well. But normal opposition tactics actually help the Republicans with voters, which wasn’t the case with Clinton, Reagan, or even the two Bushes. Obama’s ability to go to the people to rally support or opposition has been probably the worst of any President despite his oratorical skills. ---
**Author:** ![Lightnin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lightnin/32/180_2.png) [@Lightnin](https://boards.straightdope.com/u/Lightnin)\ **Post date:** [February 18, 2016, 11:12pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/446 "2016-02-18T23:12:22Z")
I really don’t understand the mentality which thinks a filibuster of a potential justice is anywhere \*near \*the same thing as a blanket refusal to even consider a candidate. ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 18, 2016, 11:13pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/447 "2016-02-18T23:13:17Z")
It’s not, of course, but if the GOP just happens to not approve anyone, it would be doing what Obama and Schumer would have done. ---
**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 18, 2016, 11:22pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/448 "2016-02-18T23:22:06Z")
> [@CarnalK](#): > > As I mentioned up top (post 402), it seems to me that if the Republicans refuse to allow the Senate to advise and confirm/vote they are actively blocking a procedure set out in the Constitution. If they refuse to bring his nomination before the Senate could Obama bring it to ummm the Supreme Court for a ruling? Not approving is one thing, not doing anything is another. It is sometimes said you can sue anyone for anything… not getting your case tossed out and winning are entirely different matters. The courts would almost certainly reject jurisdiction to hear such a claim as it is a [political question](https://en.wikipedia.org/wiki/Political_question), best left to the other branches to work out. And failing the other branches working it out, the voters have a say at the ballot box and can vote out the party or parties they feel are problematic. ---
**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, 11:23pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/449 "2016-02-18T23:23:34Z")
> [@adaher](#): > > It’s not, of course, but if the GOP just happens to not approve anyone, it would be doing what Obama and Schumer would have done. Aah, but remember he’s a typical politician. As mentioned in the article you quoted, some party members are set free to oppose a nominee because they know they will still allow the confirmation to proceed. So maybe Obama and Shumer had no real thought of stopping it. ---
**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, 11:29pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/450 "2016-02-18T23:29:27Z")
> [@Iggy](#): > > It is sometimes said you can sue anyone for anything… not getting your case tossed out and winning are entirely different matters. > > The courts would almost certainly reject jurisdiction to hear such a claim as it is a [political question](https://en.wikipedia.org/wiki/Political_question), best left to the other branches to work out. And failing the other branches working it out, the voters have a say at the ballot box and can vote out the party or parties they feel are problematic. I would put to you that it isn’t a political question. If the court fails to hear it and frankly if it fails to say Senate has a duty to vote on nominations, it is allowing the Senate the option of killing off a branch of government - without even being on record for doing so. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 18, 2016, 11:30pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/451 "2016-02-18T23:30:48Z")
> [@doorhinge](#): > > I’ve read many of the progressive, liberal, Democrat responses to Scalia’s death and only a minority have been respectful and thoughtful. IMHO, of course. I’ve seen [a great many that were thoughtful but not respectful](http://www.salon.com/topic/antonin_scalia/), which is far more appropriate. ---
**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 18, 2016, 11:34pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/452 "2016-02-18T23:34:22Z")
> [@CarnalK](#): > > I would put to you that it isn’t a political question. If the court fails to hear it and frankly if it fails to say Senate has a duty to vote on nominations, it is allowing the Senate the option of killing off a branch of government - without even being on record for doing so. The remedy would be what? The court orders the Senate to hold a hearing and/or a vote? That runs afoul of Article I, Section 5, Clause 2 of the Constitution which grants each house of Congress the power to set its own rules. Court wouldn’t touch that with a ten foot pole. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 18, 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/746067/453 "2016-02-18T23:38:02Z")
> [@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? It was the Republicans. Before Scalia’s corpse was cold, and I mean actually on the same day he died, Cruz and McConnell announced they would block any Obama nominee. ---
**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, 11:41pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/454 "2016-02-18T23:41:29Z")
And as per your wiki link a political question is one in which “no Constitutional duties is involved”. But it is in the Constitution. The President _shall_ nominate a Supreme Court judge _with_ the advice and consent of _the Senate_. Eta: I don’t know what the remedy would be. Something vague like “Give advice and consent in a timely fashion”. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 18, 2016, 11:45pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/455 "2016-02-18T23:45:30Z")
> [@doorhinge](#): > > Lincoln won, Washington won, and Roosevelt won. Their SUPPORTERS along with military might helped them win. All were exceptional men performing exceptional acts. American exceptionalism at its finest. > > Obama’s supporters seems to be of the opinion that Obama can’t get the job done. It’s already hopeless. I notice that the current poll numbers listed at the top of this thread show 76.64% believe Congress will be able to prevent an Obama nominated justice from being confirmed. Maybe they also believe that Obama simply doesn’t have the skillset to get this job done? What exactly would be elements of such a skillset, other than not being Obama? ---
**Author:** ![CaptMurdock](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/captmurdock/32/11736_2.png) [@CaptMurdock](https://boards.straightdope.com/u/CaptMurdock)\ **Post date:** [February 18, 2016, 11:46pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/456 "2016-02-18T23:46:02Z")
> [@doorhinge](#): > > Lincoln won, Washington won, and Roosevelt won. Their SUPPORTERS along with military might helped them win. All were exceptional men performing exceptional acts. American exceptionalism at its finest. More like “missing the point” at its worst. > [@kunilou](#): > > [The poll I cited back in post #399](http://www.nbcnews.com/meet-the-press/poll-americans-split-if-senate-should-vote-supreme-court-pick-n520201)shows that the country is almost exactly split in half over whether Obama should even nominate a new Justice. There are polls which cite that approximately 25% of people asked blame Obama for Katrina. Nuff Said. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 18, 2016, 11:46pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/457 "2016-02-18T23:46:32Z")
> [@doorhinge](#): > > That’s just what he said today. Try again tomorrow. Try something else the day after that, and the day after that. Do you want people to think you’re a quitter? Or a Democrat? Tell Obama to ask Michelle for his balls back. Tell Obama to make an appearance at Scalia’s funeral (instead of playing basketball? or going golfing?). Tell Obama to act like the President of the UNITED States. Mods, please move this thread to the Pit. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 18, 2016, 11:48pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/458 "2016-02-18T23:48:11Z")
> [@RTFirefly](#): > > I feel like I’ve stumbled into the codebook routine from _A Day at the Races_. Can’t I just buy a decoder ring? 😕 Here’s-a you decodah ring, but you canna read it witout de code book. Ice cream! Tutsi-frutsi ice cream! ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 18, 2016, 11:53pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/459 "2016-02-18T23:53:23Z")
> [@adaher](#): > > So now are some of you on board with my idea for a fourth branch of government whose only purpose is to oversee the overseers? [Way ahead of you.](http://boards.straightdope.com/sdmb/showthread.php?t=264462) ---
**Author:** ![duality72](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/duality72/32/3910_2.png) [@duality72](https://boards.straightdope.com/u/duality72)\ **Post date:** [February 19, 2016, 12:02am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/460 "2016-02-19T00:02:40Z")
> [@CarnalK](#): > > Eta: I don’t know what the remedy would be. Something vague like “Give advice and consent in a timely fashion”. Maybe something like, “Given that total inaction on a Supreme Court nominee is an unconstitutional infringement on the operations of both the judicial and executive branches of government, if no action is taken within thirty days of a nomination, it shall be considered that the Senate has no meaningful advice to give and its consent has been implied by its lack of opposition. Therefore, the nominee shall immediately join the Court without further delay.” [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=22) [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=24)