# 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:** 8
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 15, 2016, 10:21pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/141 "2016-02-15T22:21:26Z")
> [@Frank](#): > > …The people had a say in this. In 2012, the people elected Obama to be President. If they wanted nominees that the Republicans like, they had every chance to elect Romney. They didn’t. (post shortened) We the Voters did have a say in this. We the Voters also elected our U.S. Senators. The Executive Branch nominates a person for the SCOTUS. The Legislative Branch either confirms, or doesn’t confirm, that nomination. Them’s the rules. ---
**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\ **Post date:** [February 15, 2016, 10:26pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/142 "2016-02-15T22:26:13Z")
> [@CarnalK](#): > > And even after that no, I don’t think Biden can just walk in and tell them to vote now. No, he cannot. The Vice-President, as President of the Senate, has only two duties: 1)Casting a vote in the event of a tie 2)To Preside over, and certify the vote of the Electoral College He can’t force a vote on any issue, in fact, he doesn’t even have speaking privileges on the Senate Floor. > **[Vice President of the United States](https://en.wikipedia.org/wiki/Vice_President_of_the_United_States#President_of_the_United_States_Senate)** > > The vice president of the United States (VPOTUS) is the second-highest office in the executive branch of the U.S. federal government, after the president of the United States, and ranks first in the presidential line of succession. The vice president is also an officer in the legislative branch, as the president of the Senate. In this capacity, the vice president is empowered to preside over the United States Senate, but may not vote except to cast a tie-breaking vote. The vice presiden The mo... ---
**Author:** ![Happy\_Lendervedder](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/happy_lendervedder/32/8488_2.png) [@Happy\_Lendervedder](https://boards.straightdope.com/u/Happy_Lendervedder)\ **Post date:** [February 15, 2016, 10:27pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/143 "2016-02-15T22:27:06Z")
[Looks like the purple/blue state Republican Senators are lining up behind McConnell to stall confirmations.](http://www.politico.com/story/2016/02/portman-gop-senate-219304) I don’t think blocking [insert any nominee’s name here] will end well for Republicans. But neither would confirming anyone after all this grandstanding. Nice hole, Mitch. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 15, 2016, 10:27pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/144 "2016-02-15T22:27:58Z")
> [@doorhinge](#): > > (post shortened) > > We the Voters did have a say in this. We the Voters also elected our U.S. Senators. The Executive Branch nominates a person for the SCOTUS. The Legislative Branch either confirms, or doesn’t confirm, that nomination. Them’s the rules. Of course “thems the rules” But that doesn’t mean the Senators aren’t full of shit when they “the next President should nominate someone for this vacancy.” This President should, and will, nominate someone. They American people had their say when they elected him, and when they elected the members of the Senate. The Senators can do as they wish, no one denies that. But the absolutely stupidest and most dishonest position to take is the one many of the current assholes running are taking: > [@](#): > > “The American people‎ should have a voice in the selection of their next Supreme Court Justice," he [Mitch McDonald]said in a statement. "Therefore, this vacancy should not be filled until we have a new President.” ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 15, 2016, 10:32pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/145 "2016-02-15T22:32:40Z")
> [@tim314](#): > > Much as I’d love to see another reliably liberal justice, I’d be pretty thrilled to even get another Sandra Day O’Connor - basically canceling out the rightward shift that happened when Alito took O’Connor’s place. > > It will be very interesting if Obama does nominate a moderate… do the Republicans dare risk holding out and possibly getting a much more liberal justice if the Dems retake the Senate? Do the Republicans dare opposing the will of their constituents? Democrats talk as if the Republicans need to appease the Democrats. Silly Democrats. The Democrat voters aren’t going to vote for Republican candidates because the Republican candidate voted for an Obama nomination. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 15, 2016, 10:35pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/146 "2016-02-15T22:35:09Z")
> [@doorhinge](#): > > Do the Republicans dare opposing the will of their constituents? Democrats talk as if the Republicans need to appease the Democrats. Silly Democrats. The Democrat voters aren’t going to vote for Republican candidates because the Republican candidate voted for an Obama nomination. Some independent or even sane Republican voters may very well turn against an obstructionist senator who refuses to vote for a qualified nominee. ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 15, 2016, 10:38pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/147 "2016-02-15T22:38:35Z")
> [@Procrustus](#): > > Of course “thems the rules” But that doesn’t mean the Senators aren’t full of shit when they “the next President should nominate someone for this vacancy.” This President should, and will, nominate someone. They American people had their say when they elected him, and when they elected the members of the Senate. The Senators can do as they wish, no one denies that. But the absolutely stupidest and most dishonest position to take is the one many of the current assholes running are taking: Obama can nominate anyone he choses. So what? The U.S. Senators are responsible to their constituents. Obama is history after 2016. He’s never had the power to get other Democrat politicians elected. Maybe Obama might be able to hold some future fund raisers for the party? Obama has nothing to trade and he doesn’t have the skillset needed to reach a compromise. ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 15, 2016, 10:47pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/148 "2016-02-15T22:47:23Z")
> [@Procrustus](#): > > Some independent or even sane Republican voters may very well turn against an obstructionist senator who refuses to vote for a qualified nominee. Seriously? We the Voters elected the current Congress. Do you actually believe We the Voters chose to give the majority of both houses to the loyal opposition because they approved of Obama’s nominations, suggested legislation, and gun-running scheme to Mexican drug cartels? ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 15, 2016, 10:48pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/149 "2016-02-15T22:48:34Z")
> [@doorhinge](#): > > Obama can nominate anyone he choses. So what? The U.S. Senators are responsible to their constituents. Obama is history after 2016. He’s never had the power to get other Democrat politicians elected. Maybe Obama might be able to hold some future fund raisers for the party? Obama has nothing to trade and he doesn’t have the skillset needed to reach a compromise. Senators have constituents of both parties, and independents. I have no major beef if they want to vote “no” on a qualified nominee. That’s politics and they may or may not pay a price for that. My objection, and I think I’m not alone here, are the Senators who don’t want to vote at all “because Obama has only 25% of his term left.” I don’t know if I’m part of the Democratic “base,” but such a view by any Senator in my state would surely energize me in the next election. That would ever actually happen, living in Washington State, but I might just open my check book a bit more for people running against Senators who act like that. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 15, 2016, 10:51pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/150 "2016-02-15T22:51:29Z")
> [@doorhinge](#): > > Seriously? We the Voters elected the current Congress. Do you actually believe We the Voters chose to give the majority of both houses to the loyal opposition because they approved of Obama’s nominations, suggested legislation, and gun-running scheme to Mexican drug cartels? Yes, seriously. I’m sure there’s a bit of buyers’ remorse among sane people who helped give the Senate to the Republicans. It’s one thing to vote for a Republican, quite another to watch them refuse to govern for 6 years. ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 15, 2016, 10:54pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/151 "2016-02-15T22:54:01Z")
> [@Chronos](#): > > To all those saying that McConnell can block it from even going to a vote, is that actually true? Can’t the President of the Senate call for a straight up-or-down vote? I know he wouldn’t get to vote himself, but can’t he still, well, preside? Biden can’t force a vote. Obama can’t force a vote. After the Democrat party tells Obama which nomination(s) to select, maybe Biden can cut a deal? With somebody? Somewhere? Before the end of 2016? Or not? ---
**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 15, 2016, 11:02pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/152 "2016-02-15T23:02:57Z")
> [@doorhinge](#): > > Biden can’t force a vote. > > Obama can’t force a vote. > > After the Democrat party tells Obama which nomination(s) to select, maybe Biden can cut a deal? With somebody? Somewhere? Before the end of 2016? Or not? So the “democrat party” is going to give Obama his choices? How do you figure that works? ---
**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, 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/746067/153 "2016-02-15T23:04:32Z")
> [@CarnalK](#): > > That’s not good advice. If you nominate a Noam Chomsky type you are giving the Republicans an extremely good reason to fight the nomination, thus not making them look so bad when they fail to confirm. The Dems have an oppurtunity to show moderates and swing voters who the adults are and you want to piss that away. Agreed. This is the same poor logic as is often expressed on that other topic which must not be named. “They will attack a moderate anyway, so let’s just throw up a Trotskite.” ::headdesk:: No, no, no: we want their attacks to look ridiculous, not accurate! ---
**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, 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/746067/154 "2016-02-15T23:13:24Z")
> [@doorhinge](#): > > Do the Republicans dare opposing the will of their constituents? Democrats talk as if the Republicans need to appease the Democrats. Silly Democrats. How is that worse than cowardly Republicans who are too scared to even take a vote? Sounds like they are afraid to show how weak their caucus is, when their own party cannot be trusted to toe the establishment line. ---
**Author:** ![MaxTheVool](https://avatars.discourse-cdn.com/v4/letter/m/9fc29f/32.png) [@MaxTheVool](https://boards.straightdope.com/u/MaxTheVool)\ **Post date:** [February 15, 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/746067/155 "2016-02-15T23:13:27Z")
> [@doorhinge](#): > > Seriously? We the Voters elected the current Congress. Do you actually believe We the Voters chose to give the majority of both houses to the loyal opposition because they approved of Obama’s nominations, suggested legislation, and gun-running scheme to Mexican drug cartels? Presumably voters expected the congress they elected to do what every other congress ever elected has done with respect to supreme court nominations… reject any that are _too_ extreme or unqualified (Bork, Miers), but grudgingly accept nominees who are clearly qualified even if politically distasteful. There’s no reason to think the American people elected a senate with the mandate to just hold their breath until their face turns blue and automatically refuse all nominations no matter what. ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [February 15, 2016, 11:17pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/156 "2016-02-15T23:17:16Z")
> [@MaxTheVool](#): > > Presumably voters expected the congress they elected to do what every other congress ever elected has done with respect to supreme court nominations… reject any that are _too_ extreme or unqualified (Bork, Miers), but grudgingly accept nominees who are clearly qualified even if politically distasteful. There’s no reason to think the American people elected a senate with the mandate to just hold their breath until their face turns blue and automatically refuse all nominations no matter what. Agree, but nitpick. Miers never got to a vote. She dropped out in the face of Republican opposition. From [wikipedia:](https://en.wikipedia.org/wiki/Harriet_Miers_Supreme_Court_nomination) > [@](#): > > The nomination almost immediately drew criticism, virtually all of it from within the President’s own party: David Frum castigated an “unforced error”,[1] and Robert Bork denounced it a “disaster” and “a slap in the face to the conservatives who’ve been building up a conservative legal movement for the last 20 years.”[2] ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 15, 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/746067/157 "2016-02-15T23:37:51Z")
> [@CarnalK](#): > > So the “democrat party” is going to give Obama his choices? How do you figure that works? Do you actually believe that a President has a completely free rein to pick anyone of his choosing? Let’s compromise and call it a compromise between the party and the President? ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [February 15, 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/746067/158 "2016-02-15T23:46:11Z")
> [@Fear\_Itself](#): > > How is that worse than cowardly Republicans who are too scared to even take a vote? Sounds like they are afraid to show how weak their caucus is, when their own party cannot be trusted to toe the establishment line. They don’t have to call for a vote. It’s not required that a vote must follow a nomination. You call it cowardly, I call it politics. Life’s a bitch. Obama doesn’t have the skillset to make a deal with the Senate. ---
**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 15, 2016, 11:49pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/159 "2016-02-15T23:49:38Z")
> [@doorhinge](#): > > Do you actually believe that a President has a completely free rein to pick anyone of his choosing? Let’s compromise and call it a compromise between the party and the President? He has free reign. He will take political considerations into account when he makes his decision. So let’s compromise and say you were totally wrong. ---
**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, 11:51pm UTC](https://boards.straightdope.com/t/will-congress-forestall-every-attempt-by-obama-to-appoint-a-new-justice-for-the-rest-of-his-term/746067/160 "2016-02-15T23:51:23Z")
> [@doorhinge](#): > > They don’t have to call for a vote. It’s not required that a vote must follow a nomination. You call it cowardly, I call it politics. There is no plausible reason except uncertainty about the votes of their own caucus. Buk-buk-b’GAWK!!! [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=7) [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=9)