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uponit7771

(90,359 posts)
Wed Jun 27, 2018, 03:10 PM Jun 2018

Sigh, what can dems LEGALLY do about USSC Seat? LEGALLY? Not senate or house rules?

Sigh, what can dems LEGALLY do about USSC Seat? LEGALLY? Not senate or house rules?

Congressional ... RULES ... don't matter seeing republicans changed a shit ton of them in the first 6 months of Uber Fuhrer Baby Snatchers term.

What can dem pols in the house and senate LEGALLY do?

Thx in advance

P.S. People who support baby snatching don't

- Give a shit about feelings
- Give a damn about protest or occupations
- "fighting" outside of the law, they don't give a damn about civilty
- Rules, they'll just break them or change them transactionally

They care about votes !!

What can dems do to hold this seat off till after November?

59 replies = new reply since forum marked as read
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Sigh, what can dems LEGALLY do about USSC Seat? LEGALLY? Not senate or house rules? (Original Post) uponit7771 Jun 2018 OP
Message auto-removed Name removed Jun 2018 #1
+1, OK ... that's one solution that's DOABLE !!! No seriously, screw people who don't speak up uponit7771 Jun 2018 #3
Umm...it's 9 lagomorph777 Jun 2018 #6
Can't increase the number of seats, last I heard. Judiciary Act of 1869 Ilsa Jun 2018 #9
There's still laws? byronius Jun 2018 #28
I do believe he ultimately wanted to take it to 15 Exotica Jun 2018 #57
+1. Thanks. byronius Jun 2018 #59
This is legal. yallerdawg Jun 2018 #2
McConell was senate majority leader wasn't he? We don't have a majority in the senate any longer uponit7771 Jun 2018 #4
No. yallerdawg Jun 2018 #23
The Constitution is silent on that topic FBaggins Jun 2018 #35
Mitch McConnell is not granted that power. yallerdawg Jun 2018 #40
Sure he does FBaggins Jun 2018 #42
I don't see where it implies inaction at all. yallerdawg Jun 2018 #44
It most certainly does not require a senate vote FBaggins Jun 2018 #47
And what do you see in the Constitution that makes blockage by the Democrats possible? WillowTree Jun 2018 #38
I see the same thing McConnell did. yallerdawg Jun 2018 #41
It's just words. lagomorph777 Jun 2018 #5
McConnell said this was the way it was. yallerdawg Jun 2018 #24
When McTurtle said that, he had the majority; it wasn't just words. lagomorph777 Jun 2018 #25
McConnell held up Obama's nomination for almost a year. yallerdawg Jun 2018 #32
It wasn't "based on words" FBaggins Jun 2018 #36
Many Democrats are arguing McConnell should have his way once again. yallerdawg Jun 2018 #46
Stop dodging FBaggins Jun 2018 #48
"Stop dodging?" yallerdawg Jun 2018 #50
Sorry... mixed posts FBaggins Jun 2018 #51
That's a rule not a law, republicans don't care about either uponit7771 Jun 2018 #29
This is legal and custom. yallerdawg Jun 2018 #34
It's not illegal to implement the rule selectively like McConnell will do. That's all they care ... uponit7771 Jun 2018 #37
Except that he said "presidential election years" and tried to blame it on Biden FBaggins Jun 2018 #39
He said... yallerdawg Jun 2018 #43
You're playing games with reality FBaggins Jun 2018 #45
I can't read that link - WaPo wants money. yallerdawg Jun 2018 #49
A few excerpts FBaggins Jun 2018 #52
I agree NOW! yallerdawg Jun 2018 #53
So that's a no? FBaggins Jun 2018 #54
Nothing. Still In Wisconsin Jun 2018 #7
Convince 2 Republican Senators to vote no Jose Garcia Jun 2018 #8
Flake and McCain MosheFeingold Jun 2018 #17
Corker, Collins, and Murkowski are also possibilities. Jose Garcia Jun 2018 #19
That's assuming Manchin doesn't vote for his appointment inwiththenew Jun 2018 #20
Not just Manchin, Heitkamp and Donnelly also voted for Gorsuch. Exotica Jun 2018 #58
Democrats can filibuster EVERYTHING marylandblue Jun 2018 #10
Didn't he kill the filibuster on SC nominees to get Gorsuch in? sweetloukillbot Jun 2018 #11
Yes mcar Jun 2018 #12
Yep. We can't even use the Pubs' own tactic against them. They pulled up that ladder Nay Jun 2018 #21
He did, but I mean hold the rest of the government hostage marylandblue Jun 2018 #30
Filibuster is another rule that McConnell changed to get Gorsuch in, "rules" don't matter with these uponit7771 Jun 2018 #15
My plan is to drink heavily Amishman Jun 2018 #13
Sounds like something progressive to do right now .. lol uponit7771 Jun 2018 #16
What will be "legal" is going to shrink steadily every year... First Speaker Jun 2018 #14
+1, once the Russians are out of the elections dems should be changing rules left and right and uponit7771 Jun 2018 #18
Nothing. They rigged the system against us. Initech Jun 2018 #22
Susan Collins and Lisa Murkowski claim to be pro-choice oberliner Jun 2018 #26
+1, more tactic than law but its something uponit7771 Jun 2018 #31
nothing at all 0rganism Jun 2018 #27
What about kicking McConnell in the minerals? no? ... shit uponit7771 Jun 2018 #33
What can they do? Not vote spitefully, is all, but that ship has sailed Tarc Jun 2018 #55
+1 uponit7771 Jun 2018 #56

Response to uponit7771 (Original post)

uponit7771

(90,359 posts)
3. +1, OK ... that's one solution that's DOABLE !!! No seriously, screw people who don't speak up
Wed Jun 27, 2018, 03:20 PM
Jun 2018

... to the bullshit the Uber Fuhrer Baby Snatcher is pulling.

We don't have to be civil towards those bastards

Ilsa

(61,697 posts)
9. Can't increase the number of seats, last I heard. Judiciary Act of 1869
Wed Jun 27, 2018, 03:30 PM
Jun 2018

set it at nine. Are we going to overturn a 149 year old law?

byronius

(7,400 posts)
28. There's still laws?
Wed Jun 27, 2018, 04:38 PM
Jun 2018

FDR considered expanding the court to 12.

Me, I'm ready for serious bare-knuckled nazi-punching.

Whatever. Either way, FIGHT.

yallerdawg

(16,104 posts)
2. This is legal.
Wed Jun 27, 2018, 03:18 PM
Jun 2018
Justice Anthony Kennedy Retired So Democrats Must Block Any Trump Election Year Supreme Court Nominee

Democrats are going to fight if Trump nominates an extremist, which is a given, but after the theft of Merrick Garland’s seat by Mitch McConnell, Democrats should insist that no Supreme Court nominee be confirmed in an election year. The next Senate should have the right to weigh in on Trump’s nominee.

Kennedy is gone, and his retirement raised the stakes for the midterm election exponentially.

If the standard is no election year confirmations, Democrats must dig in, and do exactly what Mitch McConnell did. Chuck Schumer must keep the Supreme Court short one justice until after the midterm election.

Never forget what Mitch McConnell did to Merrick Garland.

FBaggins

(26,757 posts)
35. The Constitution is silent on that topic
Wed Jun 27, 2018, 04:44 PM
Jun 2018

The Senate can grant (or withhold) consent however it chooses.

yallerdawg

(16,104 posts)
40. Mitch McConnell is not granted that power.
Wed Jun 27, 2018, 04:54 PM
Jun 2018

The Senate never gave Obama "Advice and Consent" as stipulated in the Constitution. Which comes under "He (the President) shall have Power, by and with the Advice and Consent of the Senate..."

FBaggins

(26,757 posts)
42. Sure he does
Wed Jun 27, 2018, 05:00 PM
Jun 2018

There is no statutory nor Constitutional provision that defines how the Senate grants or withholds their consent. It's slimy, but neither illegal nor unconstitutional to withhold consent by not holding a vote.

Note before answering - you must deal with the question "what is the Constitutional difference between 'advice and consent' when dealing with Supreme Court vs lower court nominees?"

yallerdawg

(16,104 posts)
44. I don't see where it implies inaction at all.
Wed Jun 27, 2018, 05:14 PM
Jun 2018

It requires a Senate vote, advice and consent. Not another president.

FBaggins

(26,757 posts)
47. It most certainly does not require a senate vote
Wed Jun 27, 2018, 05:17 PM
Jun 2018

That was the Republicans' claim years ago - it went nowhere.

Did you think that it wasn't obvious why you dodged the question?

What is the Constitutional difference between advice and consent with the USSC vs federal appellate courts?

yallerdawg

(16,104 posts)
41. I see the same thing McConnell did.
Wed Jun 27, 2018, 04:56 PM
Jun 2018

"The people" are the ultimate source of authority,

We pick the Senate we want in regards to confirmations.

lagomorph777

(30,613 posts)
25. When McTurtle said that, he had the majority; it wasn't just words.
Wed Jun 27, 2018, 04:33 PM
Jun 2018

We'll have to do this some ofhter way

yallerdawg

(16,104 posts)
32. McConnell held up Obama's nomination for almost a year.
Wed Jun 27, 2018, 04:41 PM
Jun 2018

Based on words.

"We don't vote on Supreme Court justices in election years."

FBaggins

(26,757 posts)
36. It wasn't "based on words"
Wed Jun 27, 2018, 04:46 PM
Jun 2018

It was based on power. They held the majority.

They could have held a vote and simply said "no"... but instead they chose not to vote at all.

At the time... many Democrats were pleased.

yallerdawg

(16,104 posts)
46. Many Democrats are arguing McConnell should have his way once again.
Wed Jun 27, 2018, 05:16 PM
Jun 2018

Funny what seems to please "many Democrats."

FBaggins

(26,757 posts)
48. Stop dodging
Wed Jun 27, 2018, 05:18 PM
Jun 2018

"Many Democrats" WANTED to nomination held up because we expected to win the White House. Hillary was going to pick more progressive judges and we were going to take back the Senate.

We were even arguing here on DU on how we could stop Republicans from lame-duck voting on him after they lost.

yallerdawg

(16,104 posts)
50. "Stop dodging?"
Wed Jun 27, 2018, 05:25 PM
Jun 2018

The point was, if Hillary won we'd still pick the Supreme Court justice.

We were looking for best-case scenarios.

Like we should be doing NOW!

FBaggins

(26,757 posts)
51. Sorry... mixed posts
Wed Jun 27, 2018, 05:29 PM
Jun 2018

I was referring to the question you keep dodging.

What's the constitutional difference between confirming the two types of judges?

The point was, if Hillary won we'd still pick the Supreme Court justice.

Nope. The point was that Garland was a moderate and most DUers didn't want him. We wanted Clinton to pick someone else.

We were looking for best-case scenarios.

The best case scenario is that Trump picks someone with literal skeletons in his closet and the whole thing goes down in flames... perhaps twice... until he's forced to pick someone more moderate.

uponit7771

(90,359 posts)
37. It's not illegal to implement the rule selectively like McConnell will do. That's all they care ...
Wed Jun 27, 2018, 04:46 PM
Jun 2018

... about, if it doesn't get them thrown in jail they're game ... period.

FBaggins

(26,757 posts)
39. Except that he said "presidential election years" and tried to blame it on Biden
Wed Jun 27, 2018, 04:50 PM
Jun 2018

And everyone knew that it was just a way around voting down a nominee and having to take the fallout on election day.

yallerdawg

(16,104 posts)
43. He said...
Wed Jun 27, 2018, 05:05 PM
Jun 2018

“The next justice could fundamentally alter the direction of the Supreme Court and have a profound impact on our country, so of course the American people should have a say in the court’s direction."

THAT year it was a presidential election. This year it's a Senate election. Co-equal branches on this matter, so it seems.

Do the people have a say?

FBaggins

(26,757 posts)
45. You're playing games with reality
Wed Jun 27, 2018, 05:15 PM
Jun 2018

Even the Washington Post says this is nonsense.

https://www.washingtonpost.com/news/the-fix/wp/2018/06/27/democrats-bogus-argument-about-what-the-gop-said-about-supreme-court-nominees-in-an-election-year/?utm_term=.6f6fabd0e21c

Practically speaking, this is really just shouting — Republicans, after all, have the majority and can hold hearings whenever they want — but it's worth evaluating just how consistent they are being.

Here's what we can say: Democrats are protesting too much.

yallerdawg

(16,104 posts)
49. I can't read that link - WaPo wants money.
Wed Jun 27, 2018, 05:21 PM
Jun 2018

I would argue Democrats don't protest enough.

Both McConnell and Ryan argued "the people should have a say."

Am I wrong to agree?

FBaggins

(26,757 posts)
52. A few excerpts
Wed Jun 27, 2018, 05:37 PM
Jun 2018
The GOP did argue in 2016 that a Supreme Court vacancy shouldn't be filled until after voters had their say in the coming election, but their argument was about who gets to nominate the justice — not who gets to confirm him or her. It was about presidential election years, not midterms.

Here's Senate Judiciary Committee Chairman Charles E. Grassley (R-Iowa), immediately after Garland was nominated: “A majority of the Senate has decided to fulfill its constitutional role of advice and consent by withholding support for the nomination during a presidential election year, with millions of votes having been cast in highly charged contests.”

Here's what Senate Majority Leader Mitch McConnell (R-Ky.) said: “I believe the overwhelming view of the Republican Conference in the Senate is that this nomination should not be filled, this vacancy should not be filled by this lame duck president.”


/photo/1

And while making the case on “Fox News Sunday” in March 2016, McConnell repeatedly cited the presidential election year, not just an election year: “We're following the Biden rule. And Biden was chairman of the Judiciary Committee in 1992, in presidential election year, he said the Senate should not act on filling a Supreme Court vacancy if it had occurred that year. .?.?. So, all we're doing, Chris, is following a long-standing tradition of not filling vacancies on the Supreme Court in the middle of a presidential election year.”


Am I wrong to agree?

Did you agree at the time?

yallerdawg

(16,104 posts)
53. I agree NOW!
Wed Jun 27, 2018, 05:51 PM
Jun 2018

Now that we have precedent.

All these arguments you are presenting for capitulation on this subject are compelling! If I was a Republican!

McConnell clrearly stated "the people" should have a voice in the selection. This is an election year. The representatives who will confirm any nominee are up in the air. Do we not have a voice?

FBaggins

(26,757 posts)
54. So that's a no?
Wed Jun 27, 2018, 05:55 PM
Jun 2018

But we're going to accuse him of hypocrisy, right? But not Schumer (who got rid of the filibuster option for most judicial nominations in the first place)?

Why not admit it? There is no legal/constitutional/moral precedent involved. We just don't want another conservative judge on the court for 30+ years, and will latch on to ANY theory that might keep it from happening.

I get it. I agree emotionally... but denying reality has never succeeded in making me feel better. I hope you have more success.

inwiththenew

(972 posts)
20. That's assuming Manchin doesn't vote for his appointment
Wed Jun 27, 2018, 03:53 PM
Jun 2018

I wouldn't be willing to wager on that bet not in an election year in a state Trump got 70% of the vote in.

 

Exotica

(1,461 posts)
58. Not just Manchin, Heitkamp and Donnelly also voted for Gorsuch.
Wed Jun 27, 2018, 06:22 PM
Jun 2018

They will probably do whatever they have to as those are ruby red states. Trump and the Reich Wing Fundie White Nationalist goon squads will pour into the voting booths and vote them out I fear if they end up being the blocks.

We are so fucked.

marylandblue

(12,344 posts)
10. Democrats can filibuster EVERYTHING
Wed Jun 27, 2018, 03:30 PM
Jun 2018

McConnell hasn't been willing to kill the filibuster, but if ever there was a time to dare him to, it is now.

uponit7771

(90,359 posts)
15. Filibuster is another rule that McConnell changed to get Gorsuch in, "rules" don't matter with these
Wed Jun 27, 2018, 03:48 PM
Jun 2018

... bastards

Amishman

(5,559 posts)
13. My plan is to drink heavily
Wed Jun 27, 2018, 03:44 PM
Jun 2018

It's as effective as anything else we might try and distracts me from the shitstorm

First Speaker

(4,858 posts)
14. What will be "legal" is going to shrink steadily every year...
Wed Jun 27, 2018, 03:48 PM
Jun 2018

...as we not-so-slowly move towards a one-party, authoritarian state. See Poland. Turkey. Hungary. Russia, of course. At some point, Dems are either going to continue recognizing the legitimacy of what the GOP regards as "legal"--or we're going to have to decide for ourselves what constitutes legality.

uponit7771

(90,359 posts)
18. +1, once the Russians are out of the elections dems should be changing rules left and right and
Wed Jun 27, 2018, 03:52 PM
Jun 2018

... don't even think about "civility" or the whining's of the KGOP.

Fuck them,

McConnell changed rules inside and out, whatever is legal is doable when they get in power

Initech

(100,100 posts)
22. Nothing. They rigged the system against us.
Wed Jun 27, 2018, 04:16 PM
Jun 2018

And it's been a slow boil for over 40 years now. The only way to get our country back is to vote every single one of them out. But I don't think that can be done.

 

oberliner

(58,724 posts)
26. Susan Collins and Lisa Murkowski claim to be pro-choice
Wed Jun 27, 2018, 04:34 PM
Jun 2018

Get them to vote with the Democrats to block Trump's nominee.

0rganism

(23,967 posts)
27. nothing at all
Wed Jun 27, 2018, 04:34 PM
Jun 2018

dumping a truckload of manure in front of McConnell's driveway might be fun, but it's not legal so it doesn't count in this context...

Tarc

(10,476 posts)
55. What can they do? Not vote spitefully, is all, but that ship has sailed
Wed Jun 27, 2018, 06:14 PM
Jun 2018

Elections have consequences.

Jill Stein's white privilege largely insulates her from any fallout from any Trump decision or action, a shame that the people she claims to speak for aren't so lucky.

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