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Supreme Court vacancy can be filled during e******n year . ...)
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Sep 23, 2020 09:01:24   #
moldyoldy
 
Marty 2020 wrote:
Well, it’s been said that e******ns have consequences.
The senate is an elected body and will do what they were elected to do, whether democrats like it or not.


Pay back will surely come, starting in January.

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Sep 23, 2020 09:28:23   #
Marty 2020 Loc: Banana Republic of Kalifornia
 
drlarrygino wrote:
I'm all for reducing the Supreme Court to just one justice. The position would be held by a Constitutionist, anti-murder, pro-American justice which would leave all demorats out.


That’s what I want too!

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Sep 23, 2020 09:43:48   #
Kickaha Loc: Nebraska
 
moldyoldy wrote:
Pay back will surely come, starting in January.


Some of what you are complaining about trace straight back to past Democrats changing the rules to help themselves when they held the majority and now the Republicans are using it against them. You need to remember that in an honest e******n environment, your side may not always have the upper hand. If something you want to do is good for your side to do, would it also be a power that you could accept the other side wielding? The Patriot Act is a good example. It sounds good on the surface, but as we have since found out, it is easily open to abuse. At the time I posed the question, Would you trust President Bush to have the power? If they said yes I posed the second question, Would you trust Hillary Clinton to have the same power? If they said no, I told them that's why neither should have the power. Your side will never be in power forever (unless it's a dictatorship and even those fall at some point). What ever advantages you are stacking the deck in your favor are going to come back to haunt you. We largely avoid this situation because of the way power is distributed in our government, but it can still happen. That is why we, both the right and the left, must always be vigilant.

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Sep 23, 2020 09:54:53   #
Marty 2020 Loc: Banana Republic of Kalifornia
 
Kickaha wrote:
Some of what you are complaining about trace straight back to past Democrats changing the rules to help themselves when they held the majority and now the Republicans are using it against them. You need to remember that in an honest e******n environment, your side may not always have the upper hand. If something you want to do is good for your side to do, would it also be a power that you could accept the other side wielding? The Patriot Act is a good example. It sounds good on the surface, but as we have since found out, it is easily open to abuse. At the time I posed the question, Would you trust President Bush to have the power? If they said yes I posed the second question, Would you trust Hillary Clinton to have the same power? If they said no, I told them that's why neither should have the power. Your side will never be in power forever (unless it's a dictatorship and even those fall at some point). What ever advantages you are stacking the deck in your favor are going to come back to haunt you. We largely avoid this situation because of the way power is distributed in our government, but it can still happen. That is why we, both the right and the left, must always be vigilant.
Some of what you are complaining about trace strai... (show quote)


So true, but it is not understood by the Demi-gods in DC!

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Sep 23, 2020 09:57:09   #
moldyoldy
 
Kickaha wrote:
Some of what you are complaining about trace straight back to past Democrats changing the rules to help themselves when they held the majority and now the Republicans are using it against them. You need to remember that in an honest e******n environment, your side may not always have the upper hand. If something you want to do is good for your side to do, would it also be a power that you could accept the other side wielding? The Patriot Act is a good example. It sounds good on the surface, but as we have since found out, it is easily open to abuse. At the time I posed the question, Would you trust President Bush to have the power? If they said yes I posed the second question, Would you trust Hillary Clinton to have the same power? If they said no, I told them that's why neither should have the power. Your side will never be in power forever (unless it's a dictatorship and even those fall at some point). What ever advantages you are stacking the deck in your favor are going to come back to haunt you. We largely avoid this situation because of the way power is distributed in our government, but it can still happen. That is why we, both the right and the left, must always be vigilant.
Some of what you are complaining about trace strai... (show quote)


Right now we have an abuse of power. Trump, with the aid of McConnell and Barr have eliminated the checks and balances that we used to have.

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Sep 23, 2020 10:30:36   #
bahmer
 
proud republican wrote:
https://fox59.com/news/can-a-supreme-court-vacancy-be-filled-during-e******n-year/


Amen and Amen

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Sep 23, 2020 10:40:11   #
Big Kahuna
 
moldyoldy wrote:
Pay back will surely come, starting in January.


What are you going to do Moldy in January. Keep crying, moaning and groaning that you Marxists lost again and Trump has 4 more years to reride, debunk and bad mouth you renegades?? What will you do when ovommit is arrested and charged with treason with h*****g being a possible option?? Throw in Hitlery the Rotten One and Gestapo Queen Nanny Peeloosli and the Trifecta is ours.

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Sep 23, 2020 10:46:12   #
Big Kahuna
 
moldyoldy wrote:
Right now we have an abuse of power. Trump, with the aid of McConnell and Barr have eliminated the checks and balances that we used to have.


Checks and balances were abused by Bathhosed boy ovommit for 8 corrupt years and now payback is a bad a$$ bit$h. The attemp at a f**e impeachment was an abuse of power by the demonic demorats. What a waste of time and our money for 3 years. The whole demorat leadership with the intelligence deep staters should be in prison for abuse of power and treason.

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Sep 23, 2020 11:52:04   #
bmac32 Loc: West Florida
 
Democrats were very very happy then Reid changed to rule and most of us told that would come back to bite, well it did and their very unhappy and blame the Republicans. Now what will they do when Trump wins and Martial Law is enforced?






Tiptop789 wrote:
I think the fact the refused to even hear him was shameful. I'm not convinced its that smart a move by trump. Could make those that oppose him (politically) even more resolved to see him defeated. I think 9 months was a lame excuse on the part of McConnell. Packing the Court with what he thinks are conservative leaning judges is something he (McConnell) wants to do. It was stupid of Harry Reid to change the threshold from 60 to 50.

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Sep 23, 2020 13:11:48   #
Blade_Runner Loc: DARK SIDE OF THE MOON
 
PeterS wrote:
If that's true then why wasn't Merrick Garland placed into office under Obama? What you mean to say is that if Republicans hold the Senate and presidency they can ram through a candidate even though there are but two months before the e******n. They can do this because they have no principles--saying that no vacancies can be filled in an e******n year when a democrat is a president but changing their position just as soon as there is a Republican president and Republican Senate.
This is a long and detailed report, go to the link to read it all and view the charts. It was published a month and a half before Ginsburg passed away.

History Is on the Side of Republicans Filling a Supreme Court Vacancy in 2020

If a Supreme Court vacancy opens up between now and the end of the year, Republicans should fill it. Given the vital importance of the Court to rank-and-file Republican v**ers and grassroots activists, particularly in the five-decade-long quest to overturn Roe v. Wade, it would be political suicide for Republicans to refrain from filling a vacancy unless some law or important traditional norm was against them. There is no such law and no such norm; those are all on their side. Choosing not to fill a vacancy would be a historically unprecedented act of unilateral disarmament. It has never happened once in all of American history. There is no chance that the Democrats, in the same position, would ever reciprocate, as their own history illustrates.

For now, all this remains hypothetical. Neither Ruth Bader Ginsburg nor any of her colleagues intend to go anywhere. But with the 87-year-old Ginsburg fighting a recurrence of cancer and repeatedly in and out of hospitals, we are starting to see the Washington press corps and senators openly discussing what would happen if she dies or is unable to continue serving on the Court. Democrats are issuing threats, and some Republicans are already balking.

They shouldn’t.

History supports Republicans filling the seat. Doing so would not be in any way inconsistent with Senate Republicans’ holding open the seat vacated by Justice Antonin Scalia in 2016. The reason is simple, and was explained by Mitch McConnell at the time. Historically, throughout American history, when their party controls the Senate, presidents get to fill Supreme Court vacancies at any time — even in a p**********l e******n year, even in a lame-duck session after the e******n, even after defeat. Historically, when the opposite party controls the Senate, the Senate gets to block Supreme Court nominees sent up in a p**********l e******n year, and hold the seat open for the winner. Both of those precedents are settled by experience as old as the republic. Republicans should not create a brand-new precedent to deviate from them.

Power, Norms, and E******n-Year Nominations

There are two types of rules in Washington: laws that allocate power, and norms that reflect how power has traditionally, historically been used. Laws that allocate power are paramount, and particularly dangerous to violate, but there is no such law at issue here. A president can always make a nomination for a Supreme Court vacancy, no matter how late in his term or how many times he has been turned down; the only thing in his way is the Senate.

Twenty-nine times in American history there has been an open Supreme Court vacancy in a p**********l e******n year, or in a lame-duck session before the next p**********l inauguration. (This counts vacancies created by new seats on the Court, but not vacancies for which there was a nomination already pending when the year began, such as happened in 1835–36 and 1987–88.) The president made a nomination in all twenty-nine cases. George Washington did it three times. John Adams did it. Thomas Jefferson did it. Abraham Lincoln did it. Ulysses S. Grant did it. Franklin D. Roosevelt did it. Dwight Eisenhower did it. Barack Obama, of course, did it. Twenty-two of the 44 men to hold the office faced this situation, and all twenty-two made the decision to send up a nomination, whether or not they had the v**es in the Senate.

During the 1844 e******n, for example, there were two open seats on the Court. John Tyler made nine separate nominations of five different candidates, in one case sending up the same nominee three times. He sent up a pair of nominees in December, after the e******n. When those failed, he sent up another pair in February (p**********l terms then ended in March). He had that power. Presidents have made Supreme Court nominations as late as literally the last day of their term. In Tyler’s case, the Whig-controlled Senate had, and used, its power to block multiple nominations by a man they had previously expelled from their party.

At the same time, in terms of raw power, a majority of senators has the power to seat any nominee they want, and block any nominee they want. Historically, that power of the majority was limited by the filibuster, but a majority can change that rule, and has. Norms long limited the filibuster’s use in judicial nominations in the first place, and violation of those norms led to its abolition. No Supreme Court nominee was filibustered by a minority of Senators until 1968. Senate Democrats attempted filibusters of William Rehnquist twice, and launched the first formal filibuster of a new appointment to the Court on partisan lines against Samuel Alito in 2005. Joe Biden participated prominently in the Rehnquist and Alito filibusters. Senate Democrats, led by Harry Reid and Chuck Schumer and joined by Biden, were the first to filibuster federal appellate nominees in 2003. After Republicans adopted the same tactic years later, Senate Democrats eliminated the filibuster for appellate nominees in 2013. Republicans extended that elimination to Supreme Court nominees in 2017.

So, today, Donald Trump has the raw power to make a Supreme Court nomination all the way to the end of his term. Senate Republicans have the raw power to confirm one at least until a new Senate is seated on January 3, and — so long as there are at least 50 Republican senators on that date — until Trump leaves office. Whether they should use this power, however, is a matter of norms, and of politics.

Norms are crucially important. If parties cannot trust that the other side will abide by established norms of conduct, politics devolves rapidly into a blood sport that quickly loses the capacity to resolve disagreements peaceably within the system. Those norms are derived from tradition and history. So let’s look at the history.

The Senate’s Precedents

In 2016, Barack Obama used his raw power to nominate Merrick Garland to replace Antonin Scalia in March of the last year of Obama’s term, with the Trump–Clinton e******n underway. The Republican majority in the Senate used its raw power to refuse to seat that nominee. Having reached that decision, the Republican majority did not even hold a hearing for an outcome that was predetermined. In looking back at that exercise of Senate power in 2017, I concluded that it was supported by historical precedent:

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Sep 23, 2020 13:34:32   #
working class stiff Loc: N. Carolina
 
drlarrygino wrote:
I'm all for reducing the Supreme Court to just one justice. The position would be held by a Constitutionist, anti-murder, pro-American justice which would leave all demorats out.


It's no surprise you want a one party state.

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Sep 23, 2020 15:26:06   #
Kickaha Loc: Nebraska
 
moldyoldy wrote:
Right now we have an abuse of power. Trump, with the aid of McConnell and Barr have eliminated the checks and balances that we used to have.


Again many of those things were eliminated in the past by Harry Reid and Chuck Schumer, the Republicans are merely using the same rules as the Democrats created.

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Sep 23, 2020 15:33:24   #
bmac32 Loc: West Florida
 
And then the democrats attack because the rules were changed. Democrats favorite trick and it is failing to work and they can't understand.






Kickaha wrote:
Again many of those things were eliminated in the past by Harry Reid and Chuck Schumer, the Republicans are merely using the same rules as the Democrats created.

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Sep 23, 2020 16:23:36   #
Weewillynobeerspilly Loc: North central Texas
 
moldyoldy wrote:
Pay back will surely come, starting in January.




Thats what you've been eating for the last 4 because of the previous 8........might want to hush that up untill you win somethingor we will ramp up your misery and pain a few clicks.

SCOTUS...........Hahahahahahahahahahaha.....eat it!!

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Sep 23, 2020 17:05:12   #
Marty 2020 Loc: Banana Republic of Kalifornia
 
working class stiff wrote:
It's no surprise you want a one party state.


That’s a terrific idea!
GOP
Gods Only People!
😇😇😇😇😇

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