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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsAbout the Supreme Court
Since that seems to be a big top leading up to Presidential elections (even 2 years out at this point) I was curious how people thought it would play out, if and when one of the conservative justices retires, if and when a Democrat is in the White House.
Now obviously the past 2 nominations have not been replacing anyone from the idealogue wing of the court. So while there were reumblings and gratuitous back and forth, no big fight was put up by the Republicans (other than what was needed for their fundraising efforts). But eventually one of the hard right crew is going to retire or pass on. At that point what do you think will happen. Lets assume that it is within the next 2 years of the Obama administration. And/or lets assume it's in the first term of a Hillary administration.
My personal concern is that I don't see either one of them (or any possible presidential candidate/contender that I can think of) having the stomach or the fortitude to replace one of them with a liberal justice. I'm afraid that whatever Dem is in or makes it to the White House will fall for the calls to be "bipartisan" or "fair" about it and replace them with at best someone with a moderate record and at worst actually appointing a Republican. Never mind that Republicans would never in a million years do the same if a liberal judge retired, because everyone knows that according to the beltway insiders it's always Democrats who have to play nice and reach across the aisle.
Maybe I'm wrong, but I'm really curious how people see this playing out since the Supreme Court is touted as one of the main issues and reasons when it comes to Presidential elections.
Leme
(1,092 posts)too many variables for me. They all might be there 15 more years. We might have 100 years old judges. I just can't.
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I can hope for outcomes.
MohRokTah
(15,429 posts)The Republicans refused to replace one of the moderates with another moderate, ergo, replacing with similar ideology got thrown out the window and that is now the precedent.
vi5
(13,305 posts)What Republicans do in situations and what Democrats are "allowed" to do or actually have the intestinal fortitude to do are two very different things.
Do you have any confidence that Obama, or anyone possibly in contention for the Presidency on the Dem side would replace a hard right judge with a reliably liberal one? Or would he/whoever fall for the inevitable cries from all the very serious people in Washington?
11 Bravo
(23,922 posts)A veritable giant among jurists followed by a no-question-asking, falling-asleep-during-oral-arguments, total non-entity.
MohRokTah
(15,429 posts)The precedent is the Justice is replaced with a Justice of similar ideology to the president making the appointment. The only other consideration is the makeup of the Senate where one must compromise with a more moderate Justice of the other party is in control.