# 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:** 5
**Author:** ![Martin\_Hyde](https://avatars.discourse-cdn.com/v4/letter/m/47e85d/32.png) [@Martin\_Hyde](https://boards.straightdope.com/u/Martin_Hyde)\ **Post date:** [February 15, 2016, 1:43am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/81 "2016-02-15T01:43:23Z")
> [@Iggy](#): > > And so a President Cruz/Trump/Rubio with a Republican Senate majority should nuke a filibuster to seat a Scalia clone? Covered that in the post of mine you’re quoting… ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 15, 2016, 1:46am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/82 "2016-02-15T01:46:45Z")
[Elizabeth Warren Humiliates Mitch McConnell For Threat To Block Obama SCOTUS Nominee.](http://www.politicususa.com/2016/02/14/elizabeth-warren-reminds-mcconnell-pres-obama-won-million-votes.html) ---
**Author:** ![Trinopus](https://avatars.discourse-cdn.com/v4/letter/t/2bfe46/32.png) [@Trinopus](https://boards.straightdope.com/u/Trinopus)\ **Post date:** [February 15, 2016, 1:49am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/83 "2016-02-15T01:49:14Z")
> [@That\_Don\_Guy](#): > > . . . Of course, the Senate would have to be sure it doesn’t have a 10-day or longer recess, as that would allow Obama to make a recess appointment that would be good until the new Senate convenes in January. Does even a 10-day recess work, so long as one heroic sucker stays there to bang the gavel and pretend there’s a session? ---
**Author:** ![Siam\_Sam](https://avatars.discourse-cdn.com/v4/letter/s/d78d45/32.png) [@Siam\_Sam](https://boards.straightdope.com/u/Siam_Sam)\ **Post date:** [February 15, 2016, 2:36am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/84 "2016-02-15T02:36:01Z")
The Republicans are shameless and will certainly try their damnedest to forestall any Obama nominee. But they won’t be able to hold out for nine years – Obama’s final year and Hillary’s eight. ---
**Author:** ![Siam\_Sam](https://avatars.discourse-cdn.com/v4/letter/s/d78d45/32.png) [@Siam\_Sam](https://boards.straightdope.com/u/Siam_Sam)\ **Post date:** [February 15, 2016, 2:42am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/85 "2016-02-15T02:42:57Z")
> [@BrainGlutton](#): > > [Elizabeth Warren Humiliates Mitch McConnell For Threat To Block Obama SCOTUS Nominee.](http://www.politicususa.com/2016/02/14/elizabeth-warren-reminds-mcconnell-pres-obama-won-million-votes.html) Pfft! As if Republicans can feel humiliation. ---
**Author:** ![BrainGlutton](https://avatars.discourse-cdn.com/v4/letter/b/82dd89/32.png) [@BrainGlutton](https://boards.straightdope.com/u/BrainGlutton)\ **Post date:** [February 15, 2016, 2:54am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/86 "2016-02-15T02:54:20Z")
> [@GulfTiger](#): > > The only sitting President ever to vote to filibuster a Supreme Court nominee. > > Oh the irony. But at least he took time to find out who and what Alito was first. Cruz and McConnell already – and I mean on the same day Scalia died – have pledged to block Obama’s nominee **no matter who it is.** That’s not reasonable, is it? ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 15, 2016, 3:59am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/87 "2016-02-15T03:59:13Z")
Democrats are so cute. I agree that Obama should be able to nominate the next justice and get that justice approved assuming it’s a mainstream choice in the vein of Sotomayer or Kagan. But Warren fails Political Science 101. WInning an election gets a person the right to occupy the White House and dutifully carry out the laws of the United States for the next four years. Anything beyond that requires something that Warren might have heard of assuming she wasn’t sleeping: “Political Capital”. Obama has none. Presidents with 46% approval ratings don’t generally get their way in Congress. And while we’re talking about elections, the Senate has just as much right to block a nominee as the President has to nominate one. Because the Republicans won the 2014 Senate elections by 3.5 million votes. It’s odd that Warren would have forgotten that given that she actually is in the Senate. She may be a progressive hero, but she’s quite the intellectual lightweight. ---
**Author:** ![Siam\_Sam](https://avatars.discourse-cdn.com/v4/letter/s/d78d45/32.png) [@Siam\_Sam](https://boards.straightdope.com/u/Siam_Sam)\ **Post date:** [February 15, 2016, 4:09am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/88 "2016-02-15T04:09:10Z")
> [@Siam\_Sam](#): > > Pfft! As if Republicans can feel humiliation. > [@adaher](#): > > Democrats are so cute. I agree that Obama should be able to nominate the next justice and get that justice approved assuming it’s a mainstream choice in the vein of Sotomayer or Kagan. > > But Warren fails Political Science 101. WInning an election gets a person the right to occupy the White House and dutifully carry out the laws of the United States for the next four years. Anything beyond that requires something that Warren might have heard of assuming she wasn’t sleeping: “Political Capital”. Obama has none. Presidents with 46% approval ratings don’t generally get their way in Congress. > > And while we’re talking about elections, the Senate has just as much right to block a nominee as the President has to nominate one. Because the Republicans won the 2014 Senate elections by 3.5 million votes. > > It’s odd that Warren would have forgotten that given that she actually is in the Senate. She may be a progressive hero, but she’s quite the intellectual lightweight. See? ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 15, 2016, 4:12am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/89 "2016-02-15T04:12:49Z")
No, that’s just you guys thinking that Presidential elections are all that’s relevant. Obama’s reelection was so three years ago and times have changed a little since then. You might have read about it. ---
**Author:** ![Gyrate](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gyrate/32/3588_2.png) [@Gyrate](https://boards.straightdope.com/u/Gyrate)\ **Post date:** [February 15, 2016, 4:44am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/90 "2016-02-15T04:44:48Z")
Yep. And his election was for **four** years, during which time he gets to nominate Supreme Court Justices. Mitch McConnell might have read about it. ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 15, 2016, 5:08am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/91 "2016-02-15T05:08:04Z")
And the senate can reject them, having won control of the Senate for two years. ---
**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 15, 2016, 5:28am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/92 "2016-02-15T05:28:11Z")
> [@BrainGlutton](#): > > [Elizabeth Warren Humiliates Mitch McConnell For Threat To Block Obama SCOTUS Nominee.](http://www.politicususa.com/2016/02/14/elizabeth-warren-reminds-mcconnell-pres-obama-won-million-votes.html) Yeah, I guess that was a “humiliation” in the sense that Bush “humiliated” Trump in the various debates. ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 15, 2016, 5:46am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/93 "2016-02-15T05:46:12Z")
When did Democrats start acting like petulant elementary school kids on the playground? Actually they are more immature. When an elementary school kid delivers a great putdown, he expects to get one right back at him. Democrats expect us to cower in shame at their brilliance. Problem is, Warren’s statement was just dumb. But we expect now that Democrats don’t consider non-Presidential elections to be “elections”, don’t consider bombing to be “war”, and think that the 1994 crime bill was a failure because it reduced crime. ---
**Author:** ![Pashnish\_Ewing](https://avatars.discourse-cdn.com/v4/letter/p/8797f3/32.png) [@Pashnish\_Ewing](https://boards.straightdope.com/u/Pashnish_Ewing)\ **Post date:** [February 15, 2016, 5:55am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/94 "2016-02-15T05:55:38Z")
> [@BrainGlutton](#): > > [Elizabeth Warren Humiliates Mitch McConnell For Threat To Block Obama SCOTUS Nominee.](http://www.politicususa.com/2016/02/14/elizabeth-warren-reminds-mcconnell-pres-obama-won-million-votes.html) Come on, **BG** , you couldn’t have found a less click-baity article discussing Warren’s comments? This is where your penchant for linking w/o comment works against you. And I say this as someone who generally agrees with you. ---
**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 15, 2016, 7:22am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/95 "2016-02-15T07:22:02Z")
> [@Simplicio](#): > > Yea, if the public does let it slide, its kinda hard to see what would stop future Senates from just turning it into a defacto stop on Presidents appointing Justices when their party doesn’t control the Senate, leaving us with Court vacancies that would persist until one party won both the Presidency and the Senate. I’m surprised it hasn’t degenerated to that level already. Are there any good black female candidates? ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 15, 2016, 7:28am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/96 "2016-02-15T07:28:50Z")
Republicans should be reminded that even if they win it all in 2016, they won’t have a filibuster proof majority, and Supreme Court appointments can still be filibustered. The Democrats WILL filibuster in that circumstance, and rightfully so. That leaves the nuclear option, or leaving the court 4-4 until 2018, when Republicans might get their filibuster-proof majority. But it will also mean that without total control, no justices get appointed. Then when total control by one party does come, several get appointed. I just don’t think that’s healthy and I can’t imagine anyone would disagree with me. ---
**Author:** ![tim314](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tim314/32/3468_2.png) [@tim314](https://boards.straightdope.com/u/tim314)\ **Post date:** [February 15, 2016, 9:52am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/97 "2016-02-15T09:52:09Z")
> [@adaher](#): > > And while we’re talking about elections, the Senate has just as much right to block a nominee as the President has to nominate one. Because the Republicans won the 2014 Senate elections by 3.5 million votes. Well, of course they have the _right_ to block any appointment (whether or not they _should_). Who said they didn’t? It’s your guys who are trying to make the silly claim that by blocking the appointment they’re giving the American people a voice, as if the people only elected Obama to a term of three years and not four. ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [February 15, 2016, 10:05am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/98 "2016-02-15T10:05:54Z")
We’ll have to see how the nominee polls to know that for sure. Democracy doesn’t just happen during elections, it happens every day. If the public doesn’t like the nominee, then Republicans will benefit from voting it down. ---
**Author:** ![Rigamarole](https://avatars.discourse-cdn.com/v4/letter/r/77aa72/32.png) [@Rigamarole](https://boards.straightdope.com/u/Rigamarole)\ **Post date:** [February 15, 2016, 10:33am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/99 "2016-02-15T10:33:57Z")
> [@DSeid](#): > > Sri Srinivasan … widely felt to be highly qualified and would be the first Indian American on the court. And Indian Americans include a few with fairly deep pockets. A few Senators’ future campaigns might feel a hurt as the result of blocking that one, especially since he’s been felt to be a leading contender for a while now. > > Paul Watford … a reasonable Black candidate. Blocking that could help energize that segment of the base. > > And two women on that list, Jane Kelly and Patricia Ann Millett, have quite moderate profiles. Hard to justify voting against them. > > Given that Sotomayor is a Latina I don’t think that demographic has the political juice. > [@SlackerInc](#): > > Are there any good black female candidates? Why should it matter what the candidate’s race or sex is? Shouldn’t the most qualified person get the job, regardless of their race or sex? ---
**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 15, 2016, 10:41am UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/100 "2016-02-15T10:41:47Z")
> [@adaher](#): > > If the public doesn’t like the nominee, then Republicans will benefit from voting it down. McConnell is refusing to allow a vote. Who wins then? [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=4) [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=6)