tag:blogger.com,1999:blog-1522121129844880066.post3864068916387062862..comments2023-10-24T11:23:31.580-04:00Comments on Le·gal In·sur·rec·tion: Specter Defection Will Haunt Dems On Souter ReplacementWilliam A. Jacobsonhttp://www.blogger.com/profile/16433685588536441422noreply@blogger.comBlogger25125tag:blogger.com,1999:blog-1522121129844880066.post-2896829876183644022009-05-02T14:45:00.000-04:002009-05-02T14:45:00.000-04:00On the Thomas nomination I think that Democrats th...On the Thomas nomination I think that Democrats thought that the questions about his relationship with Anita Hill would allieviate the need to block it. They misjudged the both willingness of the Republican moderates and liberal to dissent from the nomination, and the influence that the moderates have witin the party.<br /><br />The Roberts nomination was more problematic for the Democrats because, his manner and intellect positions caused him to be held in high esteem by leading members of both parties.<br /><br />In my mind his nomination reminded me a great deal of the nomination of Justice Cardozo as the successor to Justice Holmes by President Hoover in 1932.<br /><br />Senator Borah the Republican chair of the Senate Judiciary Committee met with President Hoover and inquired of him who was on his list of potential nominees. Hoover handed him the list at the bottom was Cardozo's name with the notation Democrat New York when Senator Borah took the list in hand he told the President Mr. president I think you handed me the list upisde down. Hoover protested that there were two new Yorkers on the Court Chief Justice Hughes and Associate Justice Stone. Borah's response was "Did that stop John Adams from noninating John Marshall as chief justice even though there was already a Virginian on the court prior to his nomination." He continued "Cardozo belongs to Idaho inasmuch as belongs to New York." Then Hoover protested on religious and political grounds to which, Borah said if those considerations come into play that he [Hoover] was not fit for the office to which he had been elected. As a result Cardozo was nominated and confirmed by voice vote within the day.<br /><br />Chief Justice Roberts was held in the same high regard so much so that when the Democrats fillibustered the coinsideration of judicial nominees. One of the few exempted from the fillibuster was John Roberts who was confirmed for a position on the D.C. Circuit by Voice Vote.NJZimmermannhttps://www.blogger.com/profile/17472021826347943575noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-47682182896567504082009-05-02T14:43:00.000-04:002009-05-02T14:43:00.000-04:00Nice theory, but in practice there will be very li...Nice theory, but in practice there will be very little difficulty in changing this rule if the GOP are holding out for Souter to be replaced with a Scalia.<br /><br />Last year the GOP was squeaking about the sanctity of an up or down vote. If they filibuster now they are going to be the hypocrites.PHBhttps://www.blogger.com/profile/10772216888166343026noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-41766997204292556282009-05-01T19:23:00.000-04:002009-05-01T19:23:00.000-04:00Interesting post. I've never heard of that rule an...Interesting post. I've never heard of that rule and I wonder how republicans got around it with Thomas, Alito and Roberts. If any dem senator on the J committe could have blocked them then I wonder, why didn't they? Personally I wouldn't expect Obama to nominate someone further to the left than they are to the right. But would any of the of the republicans on the committe would vote for a nominee as liberal as Souter or even close to him, its just not in their ideological DNA or in the expectations of their rabid and rapidly dwindling constituancies. Hatch maybe because he understands the history of the Senate and he has class. It will be interesting to see if a single conservative republican will treat an Obama nominee with the respect and dignity that liberal and moderate dems showed to Alito and Roberts. I seriously doubt it because they are too beholden to the likes of Rush, O'reily, Ingraham, and Levin, who it seems have conservatives and the republican party by the throat. What I expect is that Obama's nominee will be brilliant, liberal and buttoned down. Also very young, unflapable and not easily attacked. Just like him.<br /> <br />Did you ever think that when Bush was reelected that 4 years later dems would have a 60 to 40 majority and with very good prospects of picking up more in 2010 because republicans will be defending 19 seats and dems only 14 or 15. If republicans decide that now is the time to alienate and abandon moderates and,like some democrats who wanted to pull their party further to the left in '04, then that rule likely go by the wayside one way or another.ubrochttps://www.blogger.com/profile/18419526811357704661noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-14676378954029890622009-05-01T15:54:00.000-04:002009-05-01T15:54:00.000-04:00Possible, but the committee rules still present a ...Possible, but the committee rules still present a procedural obstacle, which would force a vote to overrule fellow Senators who invoke a negotiated committee rule. Invoking discharge is the same effect as changing the committee rules, so I think the same factors come into play. I never said this procedural problem was an absolute bar to a nominee being considered, only that it presents a meaningful obstacle given the politics of the Senate.William A. Jacobsonhttps://www.blogger.com/profile/16433685588536441422noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-64437607801763278892009-05-01T15:37:00.000-04:002009-05-01T15:37:00.000-04:00nice try, but fail.
see rule xvii.
a motion to d...nice try, but fail.<br /><br />see rule xvii.<br /><br />a motion to discharge, which, guess what?, is debatable so 60 votes win, which is what you need anyway.Rickhttps://www.blogger.com/profile/13582018930679524381noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-61889720760072178162009-05-01T14:12:00.000-04:002009-05-01T14:12:00.000-04:00Filibustering a nomination to Second rank official...Filibustering a nomination to Second rank officials or to a District Judge is easy because most people doesn´t know that these people exists.<br /><br />But the whole country watches a Supreme Court nomination. And filibustering is an equivalent to diving - simulating a injury - in soccer. It may be legal, but most people sees as cheating...<br /><br />If the Dems held a slim majority and Obama would choose a poor candidate, then, it could work. But Obama will have dozens of minority or women to choose in the Circuit of Appeals courts. And filibustering when you have a 40 senators minority? Blah.<br /><br />I didnt believe that Dems could filibuster Alito, I don´t believe that Reps will manage to filibuster anyone that Obama chooses.nenhumhttps://www.blogger.com/profile/05795387402382646402noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-75815066530975840102009-05-01T13:19:00.000-04:002009-05-01T13:19:00.000-04:00Lani Guiner! Woo Hoo!Lani Guiner! Woo Hoo!Fat Manhttps://www.blogger.com/profile/09554029467445000453noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-31846755612815687402009-05-01T11:02:00.000-04:002009-05-01T11:02:00.000-04:00Your theory has merit, but only in theory, as ther...Your theory has merit, but only in theory, as there always exists the possibility of discharging the committee of the nomination by the full Senate. Any such motion is of course debatable, and thus subject to a filibuster. But that action is subject to the Senate's control.<br /><br />Committees are the creatures of the entire body, and there's no practical way that any nomination to the Supreme Court will be allowed to die in committee. Setting aside the precedent of nearly always allowing a floor vote for Supreme Court nominees (Abe Fortas being a notable exception), the Senate has procedural tools to force floor consideration of any matter.<br /><br />Perhaps there will be a filibuster, but if so, it will be on the Senate floor.Seanhttps://www.blogger.com/profile/14679303542676763604noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-26153030178358838902009-05-01T10:26:00.000-04:002009-05-01T10:26:00.000-04:00Logan: Hmph. Show me that Obama knows anybody who'...Logan: Hmph. Show me that Obama <I>knows</I> anybody who's "qualified and competent". His other nominations do not precisely inspire in that connection.<br /><br />Regards,<br />RicRic Lockehttps://www.blogger.com/profile/08937543097881679980noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-41972985881129679582009-05-01T10:19:00.000-04:002009-05-01T10:19:00.000-04:00Thank you for this update! Keep us in the loop!!
...Thank you for this update! Keep us in the loop!!<br />COMMON CENTS <br />http://www.commoncts.blogspot.comcommoncentshttps://www.blogger.com/profile/14497825816313122743noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-38420597106829779012009-05-01T09:18:00.000-04:002009-05-01T09:18:00.000-04:00Matt, you sound incredibly sane. A refreshing chan...Matt, you sound incredibly sane. A refreshing change from all of the other commentators. Obama will get his Supreme Court nominee through the process fairly easily because he will pick someone qualified and competent. Obama won the election because America wanted him to make these types of decisions.Unknownhttps://www.blogger.com/profile/11825132679609009457noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-20544006410511676052009-05-01T08:42:00.000-04:002009-05-01T08:42:00.000-04:00@ William Jacobson, they don't obey any laws as it...@ William Jacobson, they don't obey any laws as it is, what would possibly stop them from breaking or re-writing them at will?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-83302711556946759072009-05-01T07:55:00.000-04:002009-05-01T07:55:00.000-04:00Now more than ever, conservatives need to come tog...Now more than ever, conservatives need to come together to fight for our country’s future. Starting a central site for conservative thoughts, blogs, events, etc. This blog has been added to the site. Please spread the word. Feel free to suggest ideas etc. To view go to, http://aresay.blogspot.com/Stopthepresses2https://www.blogger.com/profile/15344288673602716801noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-55506557618949334182009-05-01T07:07:00.000-04:002009-05-01T07:07:00.000-04:00The GOP doesn't have a lot of goodwill with the ge...The GOP doesn't have a lot of goodwill with the general public these days, especially with the media flacking for the administration like it is. The last thing the GOP needs is to get bogged down trying to play committee games with a SUPREME COURT nominee. Souter's a liberal; let them replace him with another, without a fight, and it will only help the GOP make the case against Democratic Judiciary Committee antics the next time around. <br /><br />Whatever happened to "elections have consequences" people? For all the talk of sticking to principles in the comments, this one seems strangely absent. There's no real need to get worked up anyway, since it won't alter the balance.Unknownhttps://www.blogger.com/profile/18245994643077852659noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-28878022774762882322009-05-01T06:03:00.000-04:002009-05-01T06:03:00.000-04:00My wildest dream would be for a "reverse" Souter- ...My wildest dream would be for a "reverse" Souter- a "stealth" righty, unknown, just like Souter was unknown to everyone. That would drive BO and his crew to distraction!Unknownhttps://www.blogger.com/profile/12846810316212289041noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-86953625203063672662009-05-01T00:59:00.000-04:002009-05-01T00:59:00.000-04:00And what if the Dems say: go ahead, filibuster it ...And what if the Dems say: go ahead, filibuster it and keep talking ...polderboyhttps://www.blogger.com/profile/16240196698679228337noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-81378388717070621612009-04-30T23:58:00.000-04:002009-04-30T23:58:00.000-04:00So wait, you mean my vote for Arlen Specter wasn't...So wait, you mean my vote for Arlen Specter wasn't wasted after all? Weird.Stephen Bloomhttps://www.blogger.com/profile/16146854196777260688noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-11484279998665728382009-04-30T23:57:00.000-04:002009-04-30T23:57:00.000-04:00Obama can nominated a Hispanic with good qualifica...Obama can nominated a Hispanic with good qualifications, like someone from the Circuit of Appeals. It would amount to political suicide to try to block someone like Sonia Sotomayor.<br /><br />And there is also Grassley. Blocking a Circuit Judge may be easy, but blocking a Supreme Court Justice is another story.Andre Kenjihttps://www.blogger.com/profile/07942575095124644281noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-75611985870678736112009-04-30T23:31:00.000-04:002009-04-30T23:31:00.000-04:00Arlen Specter, Republican genius ?Arlen Specter, Republican genius ?Jeff Stonehttps://www.blogger.com/profile/10485963657566434339noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-16483339593493678912009-04-30T23:23:00.000-04:002009-04-30T23:23:00.000-04:00Interesting, but someone will want to be loved. Of...Interesting, but someone will want to be loved. Of course they will soon be betrayed. I get tied of seeing this story. I hope I am wrong.Timeshare Jakehttps://www.blogger.com/profile/03784047363593719824noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-65551161927419373932009-04-30T23:18:00.000-04:002009-04-30T23:18:00.000-04:00If Dems changed judiciary committee rules, they wo...If Dems changed judiciary committee rules, they would be in violation of other rules, which provide that committee rules must be published in the Federal Register by March 1 of the year. So the entire workings of the Senate would have to be changed. Otherwise, they have to wait until next Spring. Not saying they wouldn't do it, but it would be the legislative equivalent of WW3 if they did. And it would come back to haunt them big time, and since Senators serve for multiple decades, they tend to be more mindful of their future than in the House.William A. Jacobsonhttps://www.blogger.com/profile/16433685588536441422noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-14309520014542159492009-04-30T23:12:00.000-04:002009-04-30T23:12:00.000-04:00Even if Graham stays the course, Grassley or hatch...Even if Graham stays the course, Grassley or hatch will flip. Neither of them have any principles as far as I am concerned. Throw some pork there way and their in. Very interesting idea though.The Commissionerhttps://www.blogger.com/profile/17077338326149936853noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-52954237153382219982009-04-30T23:05:00.000-04:002009-04-30T23:05:00.000-04:00If Graham stays the course? Are you serious? I'm a...If Graham stays the course? Are you serious? I'm all for optimism, but that's ridiculous.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-51261720564135739052009-04-30T23:03:00.000-04:002009-04-30T23:03:00.000-04:00But what is to keep the demoncrats from simply cha...But what is to keep the demoncrats from simply changing the rules to fit the current situation? <br /><br />They clearly have no qualms with doing soUnknownhttps://www.blogger.com/profile/13204292731270189925noreply@blogger.comtag:blogger.com,1999:blog-1522121129844880066.post-86461682496371837992009-04-30T22:33:00.000-04:002009-04-30T22:33:00.000-04:00EXCELLENT persepective. A little more hopeful now....EXCELLENT persepective. A little more hopeful now. Certainly not my first thought when hearing of Souter's planned retirement.Johnhttps://www.blogger.com/profile/08003514911194171512noreply@blogger.com