# 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:** 32
**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 23, 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/746067/621 "2016-02-23T23:34:27Z")
> [@Fiveyearlurker](#): > > Democrats might be better off using the nominee for the election in the long term. Citizen’s United is a very unpopular ruling. Vote for us, and we put in a justice who would be more likely to overturn it in time for 2020. Vote for Republicans, and it stays. yes, exactly. “A vote for Republican Candidate \_\_\_\_\_\_\_\_\_\_ is a vote for Citizens United!” It would sway a lot of independents and maybe even some Republican moderates, who are about as sick of Tea Party Republicans as progressives are of DNC Democrats. ---
**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 23, 2016, 11:36pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/622 "2016-02-23T23:36:17Z")
> [@Really\_Not\_All\_That\_Bright](#): > > It’s not a terrible idea. Judges have relatively little influence on fiscal and economic matters, which are almost wholly committed to the other branches. Completely wrong. CitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnited. ---
**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 23, 2016, 11:37pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/623 "2016-02-23T23:37:38Z")
> [@CarnalK](#): > > It is a terrible idea. It would look like complete capitulation. That’s what Republicans think of, when they think of compromise. ---
**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 23, 2016, 11:47pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/624 "2016-02-23T23:47:26Z")
[This article](http://nymag.com/daily/intelligencer/2016/02/will-the-supreme-court-just-disappear.html) is interesting reading: according to it, we might see a gradual winnowing of the Supreme Court until one party wins a filibuster-proof majority and a President in the same party as the Senate majority. Basic idea is, the current impasse signals a complete breakdown in the tradition of allowing a President to nominate a candidate of his ideological leaning, meaning that NO Supreme Court justice seats will be filled for a very long time. ---
**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, 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/746067/625 "2016-02-23T23:48:04Z")
> [@Fiveyearlurker](#): > > Democrats might be better off using the nominee for the election in the long term. Citizen’s United is a very unpopular ruling. Vote for us, and we put in a justice who would be more likely to overturn it in time for 2020. Vote for Republicans, and it stays. Citizen’s United was decided January 2010. There have been three federal elections since then. It’s highly doubtful that this will be the hot button topic of this election. As to a compromise nominee, CNN has an opinion piece by Michael J. Broyde which argues that one means of compromise is for Obama to nominate a moderate who is rather elderly. The author suggests [Judge Richard Posner](https://en.wikipedia.org/wiki/Richard_Posner). He is 77 years old, a moderate, and likely to serve only a few years. ---
**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, 11:57pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/626 "2016-02-23T23:57:55Z")
> [@doorhinge](#): > > 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. More conservative magical thinking. Back in reality, the Republicans will almost certainly lose the Senate if they don’t back down. From a [PPP poll dated yesterday](http://www.americansunitedforchange.org/page/-/PPP%20Poll%20Toomey-Portman%20Hurt%20By%20Supreme%20Court%20Stance%202-22-2016.pdf): > [@](#): > > New Public Policy Polling surveys of Pennsylvania and Ohio find that both Pat Toomey and Rob Portman are suffering from very weak approval numbers as they seek reelection to the Senate. Furthermore voters in their states, by wide margins, want the vacancy on the Supreme Court to be filled this year. Their opposition to even considering a replacement for Antonin Scalia has the strong potential to put them in even worse standing with voters than they are already. > > … > > The outlook in these states is pretty clear- voters want a replacement for Justice Scalia to be named this year, and they especially overwhelmingly want Republicans in the Senate to give President Obama’s selection a chance. Rob Portman and Pat Toomey are already in trouble for reelection and this is an issue where their approach has real potential to put them in even deeper trouble as they seek reelection as unpopular incumbents. And Toomey and Portman aren’t even the weakest Republicans in danger of losing their seats this year. So, bring it on. Help us evict the do-nothing Republicans from offices they are incapable of executing. ---
**Author:** ![MaxTheVool](https://avatars.discourse-cdn.com/v4/letter/m/9fc29f/32.png) [@MaxTheVool](https://boards.straightdope.com/u/MaxTheVool)\ **Post date:** [February 24, 2016, 12:03am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/627 "2016-02-24T00:03:40Z")
> [@Really\_Not\_All\_That\_Bright](#): > > As an Indian American, it would be nice to see Srinivasan get the nod. Bonus: he’s from Stanford, so he’d be the first non-Ivy League justice. Sandra Day O’Connor went to Stanford. ---
**Author:** ![2ManyTacos](https://avatars.discourse-cdn.com/v4/letter/2/3da27b/32.png) [@2ManyTacos](https://boards.straightdope.com/u/2ManyTacos)\ **Post date:** [February 24, 2016, 12:25am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/628 "2016-02-24T00:25:15Z")
People keep saying that the Pubs would get politically punished for this, but seriously, where’s the precedent for _that?_ I mean everybody was so sure in 2014 that the GOP were going to get punished for shutting down the government, but what happened? The party won 9 Senate seats. Not that I wouldn’t love to be proven wrong here. But this newfound precedent is dangerous on SOOO many levels. If by some chance Trump wins in November, I’ll just say that the Democrats should just stonewall his ass as much as possible and hold out until the 2020 election. Why not? Fuck it, that’s the logical place for this precedent to lead. Any nominee confirmed post-Obama to replace Scalia must by definition be an illegitimate Justice, because he or she will not have been _appointed_ by Obama but will rather be filling the slot of a nominee that Obama _should have appointed._ ---
**Author:** ![ElvisL1ves](https://avatars.discourse-cdn.com/v4/letter/e/5daacb/32.png) [@ElvisL1ves](https://boards.straightdope.com/u/ElvisL1ves)\ **Post date:** [February 24, 2016, 12:30am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/629 "2016-02-24T00:30:30Z")
> [@Really\_Not\_All\_That\_Bright](#): > > As an Indian American, it would be nice to see Srinivasan get the nod. Bonus: he’s from Stanford, so he’d be the first non-Ivy League justice. He’d also break the stranglehold of the Catholics and Jews from New York. 😉 ---
**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\ **Post date:** [February 24, 2016, 12:50am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/630 "2016-02-24T00:50:51Z")
Toomey in PN was already in trouble because of his support of gun control. I wouldn’t think his poor polling position is a referendum on the SCOTUS nomination alone. ---
**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 24, 2016, 3:44am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/631 "2016-02-24T03:44:43Z")
> [@Fear\_Itself](#): > > More conservative magical thinking. Back in reality, the Republicans will almost certainly lose the Senate if they don’t back down. Aaaaaaaand [Mitch McConnel doubles down.](http://www.nbcnews.com/politics/supreme-court/mitch-mcconnell-flatly-rejects-any-obama-pick-supreme-court-n524466) ---
**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 24, 2016, 2:23pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/632 "2016-02-24T14:23:01Z")
> [@Evil\_Captor](#): > > Completely wrong. CitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnitedCitizensUnited. Citizens United had nothing to do with fiscal or economic policy. > [@MaxTheVool](#): > > Sandra Day O’Connor went to Stanford. I should have clarified - I meant first non-Ivy Leaguer on the current court. :smack: Obviously there have been rather a lot of non-Ivy League justices in history, since most of the first 50-odd justices didn’t attend law school at all. ---
**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 24, 2016, 2:30pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/633 "2016-02-24T14:30:51Z")
President Barack Obama posts a [guest blog at SCOTUSblog](http://www.scotusblog.com/2016/02/a-responsibility-i-take-seriously/) explaining what kind of nominee he will put forward. ---
**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 24, 2016, 2:49pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/634 "2016-02-24T14:49:54Z")
Cool! Although the post is really just a bunch of platitudes. ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 24, 2016, 4:13pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/635 "2016-02-24T16:13:28Z")
> [@Evil\_Captor](#): > > yes, exactly. “A vote for Republican Candidate \_\_\_\_\_\_\_\_\_\_ is a vote for Citizens United!” It would sway a lot of independents and maybe even some Republican moderates, who are about as sick of Tea Party Republicans as progressives are of DNC Democrats. For your consideration - “_A vote for a Democrat candidate is a vote for gun banning and registration/confiscation_!” Gun owners and 2nd Amendment supporters will vote. Especially if it prevents Hillary from becoming the next President. Bernie, OTOH, has learned to work with his gun owners and pro-2nd Amendment constituents. Bernie’s Presidency would be less controversial on this issue. I’m sure there are many more get-out-the-vote-issues that will be raised if/when the DNC/Obama finally announce a nominee. And the Supremes have managed to operate with an even number of Justices in the past. ---
**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\ **Post date:** [February 24, 2016, 4:39pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/636 "2016-02-24T16:39:39Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Cool! Although the post is really just a bunch of platitudes. Most of it could have been written by any president, but I thought this part was more substantive: > [@Obama](#): > > That’s why the third quality I seek in a judge is a keen understanding that justice is not about abstract legal theory, nor some footnote in a dusty casebook. It’s the kind of life experience earned outside the classroom and the courtroom; experience that suggests he or she views the law not only as an intellectual exercise, \*\*but also grasps the way it affects the daily reality of people’s lives in a big, complicated democracy, and in rapidly changing times. \*\*That, I believe, is an essential element for arriving at just decisions and fair outcomes. I disagree this is a positive trait. ---
**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 24, 2016, 4:46pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/637 "2016-02-24T16:46:36Z")
So you’d rather have an ivory-tower academic dictating to the plebes? 😉 ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 24, 2016, 4:56pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/638 "2016-02-24T16:56:10Z")
How 'bout Vermin Supreme? He’s a Republican, isn’t he? Supreme for Supreme! ---
**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\ **Post date:** [February 24, 2016, 4:59pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/639 "2016-02-24T16:59:04Z")
> [@Really\_Not\_All\_That\_Bright](#): > > So you’d rather have an ivory-tower academic dictating to the plebes? 😉 I think so, yes. What that part of the statement says to me is that Obama wants a justice who in part evaluates the outcome of decisions and factors that into their ultimate decision. I think that’s an unwise approach. I would prefer a justice evaluate the laws themselves, independent of the outcome. If the outcome is bad, then it is up to Congress or the states to change the law. Make a bad law, tough shit and live with it until the law is changed. This doesn’t speak to individual constitutional rights which in general, aren’t subject to be legislated away. ---
**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 24, 2016, 5:05pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/640 "2016-02-24T17:05:48Z")
That’s fair enough, so far as it goes. But a judge who dryly evaluated laws in the manner you suggest would likely have ruled in favor of Virginia over the Lovings (to use one example). After all, it’s not his problem if a biracial person can’t marry anyone. [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=31) [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=33)