# 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:** 30
**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, 1:06am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/581 "2016-02-23T01:06:27Z")
> [@CaptMurdock](#): > > Approximately 36% of the voters spoke in the 2014 midterm. Pardon me if I don’t feel like being held hostage by a fanatical fringe. Why would they be “a fanatical fringe”? Why aren’t they “the highly civic minded”? ---
**Author:** ![Jophiel](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/jophiel/32/66_2.png) [@Jophiel](https://boards.straightdope.com/u/Jophiel)\ **Post date:** [February 23, 2016, 1:11am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/582 "2016-02-23T01:11:56Z")
> [@kunilou](#): > > Mark Kirk, the most vulnerable Republican Senator, says an [Obama nominee deserves a hearing.](http://chicago.suntimes.com/news/7/71/1343916/sweet-mark-kirk-says-obama-nominate-deserves-senate-hearing) Not much of a surprise since he’s clinging for his life against a fall battle against Duckworth that he’s expected to lose. A couple PPP polls out today gave 60/40 support in Ohio and Pennsylvania to the Senate giving hearings to a nominee with an indication that people would vote against a senator obstructing the process. Bad news if you’re named Senator Toomey or Senator Portman. ---
**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 23, 2016, 1:15am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/583 "2016-02-23T01:15:52Z")
> [@John\_Mace](#): > > Why would they be “a fanatical fringe”? Why aren’t they “the highly civic minded”? I misspoke. I did not mean to imply the 36% who voted were all a “fanatical fringe” - I’m one of those “highly civic minded” who vote in midterms. But just because the Democrats stayed home and the rightwing nutjobs had the speedpass at the polling stations doesn’t mean I’m fine with a vacancy in the Supreme Court for eleven months. ---
**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, 1:33am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/584 "2016-02-23T01:33:07Z")
Well, it’s all moot until Obama names a name. ---
**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 23, 2016, 1:54pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/585 "2016-02-23T13:54:05Z")
> [@CaptMurdock](#): > > Approximately 36% of the voters spoke in the 2014 midterm. Pardon me if I don’t feel like being held hostage by a fanatical fringe. \ Obama won 65,915,796 votes in 2012. The US population in 2012 was 314,100,000. Of those, 219 million were eligible voters. So Obama earned votes from only 21% of the population and only 30% of the eligible voters. Pardon me if I don’t feel like being held hostage by a fanatical fringe. \ ---
**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 23, 2016, 3:23pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/586 "2016-02-23T15:23:57Z")
> [@Iggy](#): > > \ > Obama won 65,915,796 votes in 2012. > > The US population in 2012 was 314,100,000. Of those, 219 million were eligible voters. > > So Obama earned votes from only 21% of the population and only 30% of the eligible voters. Pardon me if I don’t feel like being held hostage by a fanatical fringe. > > \ Well, if you want to play numbers, the total number of votes (not voters!) received by all winning Senate Republicans in 2014 was 16.04 million. That’s just a smidge over 5% of the country. 21% seems like a damned mandate, especially when that number is unique voters. ---
**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 23, 2016, 4:25pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/587 "2016-02-23T16:25:02Z")
> [@Ravenman](#): > > Well, if you want to play numbers, the total number of votes (not voters!) received by all winning Senate Republicans in 2014 was 16.04 million. That’s just a smidge over 5% of the country. > > 21% seems like a damned mandate, especially when that number is unique voters. So you’ll pardon me if I don’t want to be held hostage by 5% of the country. 😛 ---
**Author:** ![Snowboarder\_Bo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/snowboarder_bo/32/229_2.png) [@Snowboarder\_Bo](https://boards.straightdope.com/u/Snowboarder_Bo)\ **Post date:** [February 23, 2016, 5:12pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/588 "2016-02-23T17:12:00Z")
> [@BrainGlutton](#): > > Well, it’s all moot until Obama names a name. [Not according to McConnell it isn’t: > [@Sen. Mitch McConnell on 23 February 2016](#): > > Presidents have a right to nominate just as the Senate has its constitutional right to provide or withhold consent. In this case, the Senate will withhold it. ]([http://hosted.ap.org/dynamic/stories/U/US\_SUPREME\_COURT\_POLITICS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2016-02-23-11-38-07](http://hosted.ap.org/dynamic/stories/U/US_SUPREME_COURT_POLITICS?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2016-02-23-11-38-07))I know Biden’s remarks from 23 years ago are being invoked by Republicans right now as justification for their attitude, to wit: > [@](#): > > McConnell quoted a 1992 Senate speech by Vice President Joe Biden, then-chairman of the Judiciary Committee and Delaware senator, in which Biden said that in a presidential election year the Senate should “not consider holding hearings until after the election. Instead, it would be our pragmatic conclusion that once the political season is under way, and it is, action on a Supreme Court nomination must be put off until after the election campaign is over.” If this is going to be the new precedent, to not nominate or vote on a nominee as long as “the political season is under way”, that’s going to leave a 2-2.5 year window, isn’t it? I mean, the GOP candidates have been going at it since before last summer, aye? Also, if this is going to be the way they want to do things, what else should wait until after the next election? Budgets? Passing new laws? Authorization for military force? :dubious: ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 23, 2016, 6:01pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/589 "2016-02-23T18:01:59Z")
> [@Frank](#): > > I don’t think the Senate should be allowed to vote on anything until after the next election. It’s less than a year away. Good for you. How are you going to make that happen, U.S. Senator **Frank**? ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 23, 2016, 6:12pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/590 "2016-02-23T18:12:09Z")
> [@CaptMurdock](#): > > I misspoke. I did not mean to imply the 36% who voted were all a “fanatical fringe” - I’m one of those “highly civic minded” who vote in midterms. But just because the Democrats stayed home and the rightwing nutjobs had the speedpass at the polling stations doesn’t mean I’m fine with a vacancy in the Supreme Court for eleven months. The voters voted. The U.S. Senate candidates who receive a majority of the vote become/remain U.S. Senators. Regardless of political party affiliation. If potential Democrat Party voters chose to stay home, that’s their problem. _Why, oh why, did the Democrat Party field such boring, uninteresting, unimpressive candidates over the past decades that the even potential Democrat voters didn’t care if they were elected?_ ---
**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 23, 2016, 6:12pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/591 "2016-02-23T18:12:24Z")
> [@Jophiel](#): > > Not much of a surprise since he’s clinging for his life against a fall battle against Duckworth that he’s expected to lose. > > A couple PPP polls out today gave 60/40 support in Ohio and Pennsylvania to the Senate giving hearings to a nominee with an indication that people would vote against a senator obstructing the process. Bad news if you’re named Senator Toomey or Senator Portman. Portman is now echoing Mitch McConnell (a bit less pugnaciously, but that’s just who he is): [Scalia succession plan becomes key issue in Rob Portman and Ted Strickland's Senate showdown: Ohio Politics Roundup - cleveland.com](http://www.cleveland.com/open/index.ssf/2016/02/scalia_succession_plan_becomes.html) ---
**Author:** ![Andiethewestie](https://avatars.discourse-cdn.com/v4/letter/a/ba9def/32.png) [@Andiethewestie](https://boards.straightdope.com/u/Andiethewestie)\ **Post date:** [February 23, 2016, 6:15pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/592 "2016-02-23T18:15:16Z")
> [@BrainGlutton](#): > > Well, it’s all moot until Obama names a name. No name yet, but the GOP have come to a “consensus” no hearings, no vote [http://thehill.com/homenews/senate/270423-gop-judiciary-no-hearing-on-obama-court-nominee](http://thehill.com/homenews/senate/270423-gop-judiciary-no-hearing-on-obama-court-nominee) ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 23, 2016, 6:21pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/593 "2016-02-23T18:21:53Z")
> [@CaptMurdock](#): > > Approximately 36% of the voters spoke in the 2014 midterm. Pardon me if I don’t feel like being held hostage by a fanatical fringe. Those who are too smart to vote will be governed by the elected representatives of those who do vote. You can play “fun with numbers” if it makes you feel better, but it seems you are being held hostage by a fanatical fringe who were uninterested, or unimpressed, by the available candidates and didn’t bother to vote. Approximately 64% of the potential voters chose to allow approx. 36% of the potential voters to chose everyone’s elected representatives. ---
**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 23, 2016, 6:48pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/594 "2016-02-23T18:48:04Z")
You can play “the fraction of the voters have spoken” all you like. President Obama is going to fulfill his constitutional obligation and the Senate GOP can stonewall at its peril. ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 23, 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/746067/595 "2016-02-23T20:22:08Z")
> [@CaptMurdock](#): > > You can play “the fraction of the voters have spoken” all you like. > > President Obama is going to fulfill his constitutional obligation and the Senate GOP can stonewall at its peril. Apparently, it’s the fraction of the voters who have spoken. Their choice. A majority of potential voters may chose not to vote. That’s their choice. Regardless, everyone will be governed by those who are elected by the voters who actually vote. The DNC/Obama’s choice of nominee may produce an overwhelming number of pro-GOP voters. If the DNC/Obama can find a nominee who wants to run this particular gauntlet. ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 23, 2016, 8:24pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/596 "2016-02-23T20:24:15Z")
> [@CaptMurdock](#): > > You can play “the fraction of the voters have spoken” all you like. > > President Obama is going to fulfill his constitutional obligation and the Senate GOP can stonewall at its peril. Or to its benefit. ---
**Author:** ![Airbeck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/airbeck/32/6574_2.png) [@Airbeck](https://boards.straightdope.com/u/Airbeck)\ **Post date:** [February 23, 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/746067/597 "2016-02-23T20:35:39Z")
> [@adaher](#): > > Or to its benefit. protip: check the recent polls on the issue from Pennsylvania and Ohio. Your optimism may be a bit chastened by the results. Might cost you a couple of swing state Senators and possibly much more if they go down this road. ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 23, 2016, 8:41pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/598 "2016-02-23T20:41:54Z")
Maybe. I’ve certainly given my opinion on it, it’s a stupid and wrong thing to do. But I doubt it will be a big issue to most voters. They’ll probably get away 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, 8:47pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/599 "2016-02-23T20:47:13Z")
> [@Andiethewestie](#): > > No name yet, but the GOP have come to a “consensus” no hearings, no vote > > [http://thehill.com/homenews/senate/270423-gop-judiciary-no-hearing-on-obama-court-nominee](http://thehill.com/homenews/senate/270423-gop-judiciary-no-hearing-on-obama-court-nominee) But until Obama names a nominee, we won’t know whether that’s a bluff. ---
**Author:** ![Airbeck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/airbeck/32/6574_2.png) [@Airbeck](https://boards.straightdope.com/u/Airbeck)\ **Post date:** [February 23, 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/746067/600 "2016-02-23T20:50:00Z")
> [@adaher](#): > > Maybe. I’ve certainly given my opinion on it, it’s a stupid and wrong thing to do. But I doubt it will be a big issue to most voters. They’ll probably get away with it. I don’t know dude, these numbers are really bad for the Republicans. Just look at the Independents in Pennsylvania and Ohio. Talk about misreading the public. Even Republicans in those two states want them to at least have a hearing. “Republicans in Pennsylvania think 67/27 and in Ohio think 63/32 that the Senate should at least give President Obama’s choice a chance before deciding whether or not to confirm them.” Are we doing that biased polls thing again, or what? Can’t really be more clear how bad a move this is for them based on these numbers. But if they want to shoot themselves in the foot … [http://www.publicpolicypolling.com/main/2016/02/toomey-portman-hurt-by-supreme-court-stance.html](http://www.publicpolicypolling.com/main/2016/02/toomey-portman-hurt-by-supreme-court-stance.html) [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=29) [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=31)