# 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:** 33
**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 24, 2016, 5:15pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/641 "2016-02-24T17:15:46Z")
> [@Bone](#): > > This doesn’t speak to individual constitutional rights which in general, aren’t subject to be legislated away. But don’t you sometimes have to look at the effects of a law to see if constitutional rights are being infringed? If a law mandated that all bullets must be made from solid platinum wouldn’t you be annoyed if the Supremes drily noted that it doesn’t infringe on gun ownership? ---
**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, 5:26pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/642 "2016-02-24T17:26:01Z")
> [@Really\_Not\_All\_That\_Bright](#): > > 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. I actually specifically thought of Loving when composing the last post. I agree with Warren when he said: > [@](#): > > To deny this fundamental freedom on so unsupportable a basis as the racial classifications embodied in these statutes, classifications so directly subversive of the principle of equality at the heart of the Fourteenth Amendment, is surely to deprive all the State’s citizens of liberty without due process of law. The Fourteenth Amendment requires that the freedom of choice to marry not be restricted by invidious racial discrimination. Under our Constitution, the freedom to marry, or not marry, a person of another race resides with the individual and cannot be infringed by the State. The right to choose whom to marry is an individual right that cannot be subverted by the government. I consider the holding in Loving to be consistent with the overall philosophy I described as it falls under the auspices of individual rights. > [@CarnalK](#): > > But don’t you sometimes have to look at the effects of a law to see if constitutional rights are being infringed? If a law mandated that all bullets must be made from solid platinum wouldn’t you be annoyed if the Supremes drily noted that it doesn’t infringe on gun ownership? The 2nd amendment is an individual right that couldn’t [shouldn’t] be legislated away as you suggest. As for the effects of a law - the first thing that comes to mind is disparate impact analysis in equal protection claims. I am opposed to this type of analysis as a basis for equal protection jurisprudence. I haven’t yet seen a case where disparate impact analysis was performed that I found compelling. ---
**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\ **Post date:** [February 24, 2016, 6:56pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/643 "2016-02-24T18:56:23Z")
> [@doorhinge](#): > > 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. And they are already voting for Republicans anyway, so no votes lost. Moderates and even conservatives are not all that fond of Citizen’s United. Campaigning on getting it overturned siphons votes that they might not otherwise get. ---
**Author:** ![SlackerInc](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slackerinc/32/275_2.png) [@SlackerInc](https://boards.straightdope.com/u/SlackerInc)\ **Post date:** [February 24, 2016, 8:10pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/644 "2016-02-24T20:10:14Z")
The Court hearing oral arguments without Scalia [is a beautiful thing already](http://www.slate.com/articles/news_and_politics/supreme_court_dispatches/2016/02/in_the_oral_arguments_for_utah_v_strieff_the_supreme_court_s_liberals_spoke.html), even without a new Democratic appointee to replace him. Please note, anyone who likes to dismiss Clinton and Obama as “center right” or worse, that the four people holding the line on these crucial Fourth Amendment protections, preventing us from becoming a stop-and-search police state, were all appointed by those two presidents. ---
**Author:** ![slash2k](https://avatars.discourse-cdn.com/v4/letter/s/439d5e/32.png) [@slash2k](https://boards.straightdope.com/u/slash2k)\ **Post date:** [February 24, 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/746067/645 "2016-02-24T20:27:01Z")
> [@Bone](#): > > The right to choose whom to marry is an individual right that cannot be subverted by the government. I consider the holding in Loving to be consistent with the overall philosophy I described as it falls under the auspices of individual rights. It was routinely subverted for most of this nation’s history, so I wouldn’t put much faith in that “cannot.” Most of the pre-_Loving_ jurisprudence on marriage rights (and even quite a bit later, up through _Obergefell_) explicitly did NOT see an individual right to choose whom to marry. The word ‘marriage’ does not occur in the Constitution. ---
**Author:** ![Peremensoe](https://avatars.discourse-cdn.com/v4/letter/p/ce7236/32.png) [@Peremensoe](https://boards.straightdope.com/u/Peremensoe)\ **Post date:** [February 24, 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/746067/646 "2016-02-24T20:47:01Z")
… ---
**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\ **Post date:** [February 24, 2016, 10:24pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/647 "2016-02-24T22:24:27Z")
Anyone think that if there is a Obama/Senate standoff, that Roberts steps in and makes a statement? He’s been very clear that he doesn’t like the Supreme Court being viewed as an arm of the political parties. ---
**Author:** ![Jas09](https://avatars.discourse-cdn.com/v4/letter/j/d07c76/32.png) [@Jas09](https://boards.straightdope.com/u/Jas09)\ **Post date:** [February 24, 2016, 11:24pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/648 "2016-02-24T23:24:50Z")
> [@Fiveyearlurker](#): > > Anyone think that if there is a Obama/Senate standoff, that Roberts steps in and makes a statement? He’s been very clear that he doesn’t like the Supreme Court being viewed as an arm of the political parties. Won’t matter. The GOP voters already consider him a traitor to the cause. Sandoval too, for that matter. ---
**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, 11:26pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/649 "2016-02-24T23:26:20Z")
> [@SlackerInc](#): > > The Court hearing oral arguments without Scalia [is a beautiful thing already](http://www.slate.com/articles/news_and_politics/supreme_court_dispatches/2016/02/in_the_oral_arguments_for_utah_v_strieff_the_supreme_court_s_liberals_spoke.html), even without a new Democratic appointee to replace him. (post shortened) I’ll suggest that the Mark Joseph Stern’s article is entertaining, biased, and amusing horseshit. The oral arguments phase of the SCOTUS judicial proceeding is not just another forum for lawyers to rehash the merits of the case but for answering any questions that the Justices may have developed while reading and discussing the briefs related to the case. Those include the original trial documents, the appellant court documents, amicus curiae “friend of the court” briefs, and court decisions on any related cases. The comments made by the Justices and the lawyers during these oral arguments is not a true indication of how the Justices will eventually rule. They’re mostly to provide clarification and aid in the drafting of opinions. More questions and answers will be discussed in the closed chambers of the Justices’ Conference. That’s why it’s proven to be so difficult for anyone to predict how the Supremes will rule. ---
**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, 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/746067/650 "2016-02-24T23:29:22Z")
> [@Fiveyearlurker](#): > > Anyone think that if there is a Obama/Senate standoff, that Roberts steps in and makes a statement? He’s been very clear that he doesn’t like the Supreme Court being viewed as an arm of the political parties. To what purpose? If Roberts is clear that he doesn’t like the Supremes being viewed as a political arm, why would he voluntarily step into what is a purely political cat fight? ---
**Author:** ![Fiveyearlurker](https://avatars.discourse-cdn.com/v4/letter/f/da6949/32.png) [@Fiveyearlurker](https://boards.straightdope.com/u/Fiveyearlurker)\ **Post date:** [February 24, 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/746067/651 "2016-02-24T23:30:51Z")
> [@Jas09](#): > > Won’t matter. The GOP voters already consider him a traitor to the cause. Sandoval too, for that matter. Jeez, they just learned Sandoval’s name, like, three hours ago. ---
**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, 11:33pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/652 "2016-02-24T23:33:36Z")
> [@Fiveyearlurker](#): > > And they are already voting for Republicans anyway, so no votes lost. Moderates and even conservatives are not all that fond of Citizen’s United. Campaigning on getting it overturned siphons votes that they might not otherwise get. Unless they’re 2nd Amendment supporters and object to gun banners and their justices. I wonder which issues will draw the most voters? ---
**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 25, 2016, 12:38am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/653 "2016-02-25T00:38:14Z")
> [@doorhinge](#): > > 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. The Pubbies have been playing the Second Amendment card for DECADES. It is not gonna get them any voters they don’t already have, and with Bernie as the Presidential candidate, it wouldn’t be nearly as effective as it HaS been, because Bernie is not a gun grabber and everyone knows it. So … not buying it. ---
**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 25, 2016, 12:42am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/654 "2016-02-25T00:42:28Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Citizens United had nothing to do with fiscal or economic policyl. BWAHAHAHAHAHAHA!!! Exqueeze me, but I couldn’t help it. Citizens United is the decisions that opened the floodgates on wealthy special interest comtributions to political campaign, ensuring that the big money boys would control economic policy forever and ever, amen, especially at the state and Congressional level. it lies at the root of every piece of economic policy offered by the Republicans and their DLC frenemies. ---
**Author:** ![SlackerInc](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slackerinc/32/275_2.png) [@SlackerInc](https://boards.straightdope.com/u/SlackerInc)\ **Post date:** [February 25, 2016, 1:34am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/655 "2016-02-25T01:34:15Z")
Why are you so sure that persuadable voters are so easily brainwashed by 30 second ads? Isn’t Jeb Bush a clear counterexample? ---
**Author:** ![Count\_Blucher](https://avatars.discourse-cdn.com/v4/letter/c/c5a1d2/32.png) [@Count\_Blucher](https://boards.straightdope.com/u/Count_Blucher)\ **Post date:** [February 25, 2016, 1:59am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/656 "2016-02-25T01:59:23Z")
> [@SlackerInc](#): > > Why are you so sure that persuadable voters are so easily brainwashed by 30 second ads? Isn’t Jeb Bush a clear counterexample? Well, maybe the writing was on the [del]gun[/del] wall… ---
**Author:** ![drad\_dog](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@drad\_dog](https://boards.straightdope.com/u/drad_dog)\ **Post date:** [February 25, 2016, 2:09am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/657 "2016-02-25T02:09:28Z")
> [@SlackerInc](#): > > Why are you so sure that persuadable voters are so easily brainwashed by 30 second ads? Isn’t Jeb Bush a clear counterexample? ? Is this about citizens united? Why are you so sure that brainwashed voters aren’t so easily persuadable by 60 second ads? ---
**Author:** ![SlackerInc](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slackerinc/32/275_2.png) [@SlackerInc](https://boards.straightdope.com/u/SlackerInc)\ **Post date:** [February 25, 2016, 2:13am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/658 "2016-02-25T02:13:48Z")
Lots of reasons. First of all, many people skip ads these days. Secondly, I think people have gotten more and more jaded about ads. Thirdly, they have a lot of other sources of information about high-profile political races. If it’s a race for county assessor, and one guy spends $100,000 and the other one spends $300, that’s probably insurmountable. But when you’re getting a lot of free media coverage, I don’t think you’re doing much more than bouncing the rubble with all that super PAC money. And the results speak for themselves. Jeb Bush flamed out. Newt Gingrich didn’t get there. Rick Santorum was unable to obtain the nomination. Many of the candidates Karl Rove and the Koch brothers have backed have lost. ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 25, 2016, 4:46am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/659 "2016-02-25T04:46:31Z")
If Sandoval does indeed end up being the guy, confirm him. Yesterday. ---
**Author:** ![drad\_dog](https://avatars.discourse-cdn.com/v4/letter/d/aeb1de/32.png) [@drad\_dog](https://boards.straightdope.com/u/drad_dog)\ **Post date:** [February 25, 2016, 6:30am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/660 "2016-02-25T06:30:51Z")
> [@SlackerInc](#): > > Lots of reasons. First of all, many people skip ads these days. Secondly, I think people have gotten more and more jaded about ads. Thirdly, they have a lot of other sources of information about high-profile political races. If it’s a race for county assessor, and one guy spends $100,000 and the other one spends $300, that’s probably insurmountable. But when you’re getting a lot of free media coverage, I don’t think you’re doing much more than bouncing the rubble with all that super PAC money. And the results speak for themselves. Jeb Bush flamed out. Newt Gingrich didn’t get there. Rick Santorum was unable to obtain the nomination. Many of the candidates Karl Rove and the Koch brothers have backed have lost. Yeah. It took a couple of cycles and the american people have figured out that it is all nonsense. I think that’s what Trump and Sanders are both benefiting from. There is a bigger wider issue though on what TV news networks have done to our political intelligence. Citizens United is not benign. It is part of the decadence and the cynicism. [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=32) [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=34)