Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

nevergiveup

(4,762 posts)
Sat Feb 13, 2016, 07:09 PM Feb 2016

As I see it, Obama has 3 options regarding SCOTUS.

1) Nominate an X-Senator. John Kerry comes to mind. There is a tradition in the Senate to not reject an old colleague. I know times have changed but it would be worth a shot. There are probably other liberal x-senators but Kerry is the name that popped into my head.
2) Gamble and nominate a moderate. That would upset most here on DU and probably still not work but it is an option.
3) Do not nominate anyone and pray for a victory in the fall.

35 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
As I see it, Obama has 3 options regarding SCOTUS. (Original Post) nevergiveup Feb 2016 OP
Recess Appointment Chantel Feb 2016 #1
Senate stays technically "in session" to prevent that villager Feb 2016 #4
Actually, somebody on Twitter said they're in recess right this week. Erich Bloodaxe BSN Feb 2016 #7
Wouldn't that be something!? villager Feb 2016 #8
As far as I can tell there are no Pro Forma sessions on the calender and they are recessed until.... yourout Feb 2016 #10
Then strike while the body is still warm. nt Erich Bloodaxe BSN Feb 2016 #22
That body was never warm. morningfog Feb 2016 #26
^^^this! ^^^ Jackilope Feb 2016 #29
Only if the Senate goes into recess, GGJohn Feb 2016 #6
I think it is too late. They already recessed until the 22nd with no Pro Forma sessions scheduled... yourout Feb 2016 #14
They can reconvene at any time, which is probably what's happening as we speak. eom. GGJohn Feb 2016 #15
To do it they have to fly everyone back including Congress. yourout Feb 2016 #21
Just the Senate members I believe, but don't hang your hat on a recess appointment to the SC, GGJohn Feb 2016 #23
Pretty sure both houses have to start and end recesses. yourout Feb 2016 #24
I do not think you can for the Supreme Court. nt karynnj Feb 2016 #16
Google says you can. If there were no Pro Forma sessions scheduled this week he can appoint and... yourout Feb 2016 #25
I'll take door number 2. n/t jaysunb Feb 2016 #2
Even a moderate is a giant step up from Scalia. Erich Bloodaxe BSN Feb 2016 #3
no no no karynnj Feb 2016 #13
Obama could get away with a moderate... Drunken Irishman Feb 2016 #5
But only in the 3rd round Generic Brad Feb 2016 #34
I agree... Drunken Irishman Feb 2016 #35
two is the only one that makes sense karynnj Feb 2016 #9
Nominate a moderate (pro-Roe v. Wade) watch the Repubs act like toddlers ScreamingMeemie Feb 2016 #11
You just need McConnell and 60 votes to get someone through davidn3600 Feb 2016 #19
judge themonster Feb 2016 #12
+1000....that would be must see TV. yourout Feb 2016 #27
Someone floated Kamala Harris from CA Rebkeh Feb 2016 #32
The trouble with nominating Kerry is he's indispensible as SoS right now Ex Lurker Feb 2016 #17
He's also too old tkmorris Feb 2016 #31
Want to see a lot of rethugs go into cardiac arrest? lpbk2713 Feb 2016 #18
First Lady as a Supreme Court Justice would be another first! B Calm Feb 2016 #33
I think he'll nominate a moderate, a savvy political move Warpy Feb 2016 #20
Sotomayor was criticized as being "too moderate" by DU. NYC Liberal Feb 2016 #28
Sorry but John Kerry already has a job justiceischeap Feb 2016 #30

Erich Bloodaxe BSN

(14,733 posts)
7. Actually, somebody on Twitter said they're in recess right this week.
Sat Feb 13, 2016, 07:15 PM
Feb 2016

If true, Obama needs to recess appoint immediately. I'm sure he's got a great list of names from the last time sitting around.

yourout

(7,530 posts)
10. As far as I can tell there are no Pro Forma sessions on the calender and they are recessed until....
Sat Feb 13, 2016, 07:17 PM
Feb 2016

22nd.
And if I remember correctly they can not reconvene until the 22nd.

GGJohn

(9,951 posts)
6. Only if the Senate goes into recess,
Sat Feb 13, 2016, 07:12 PM
Feb 2016

and you can bet your bottom dollar that that ain't going to happen.

yourout

(7,530 posts)
14. I think it is too late. They already recessed until the 22nd with no Pro Forma sessions scheduled...
Sat Feb 13, 2016, 07:20 PM
Feb 2016

I am pretty sure Obama can recess appoint and their is not a damn thing they can do until December.

yourout

(7,530 posts)
21. To do it they have to fly everyone back including Congress.
Sat Feb 13, 2016, 07:24 PM
Feb 2016

You have to have a quorum to reconvene I think.

GGJohn

(9,951 posts)
23. Just the Senate members I believe, but don't hang your hat on a recess appointment to the SC,
Sat Feb 13, 2016, 07:26 PM
Feb 2016

I just don't see it happening.

yourout

(7,530 posts)
24. Pretty sure both houses have to start and end recesses.
Sat Feb 13, 2016, 07:34 PM
Feb 2016
https://www.fas.org/sgp/crs/misc/R42977.pdf

I do agree I don't see Obama having enough backbone to do it though.

You would think after all the crap he has had to deal with at some he would give them a nice parting gift.

yourout

(7,530 posts)
25. Google says you can. If there were no Pro Forma sessions scheduled this week he can appoint and...
Sat Feb 13, 2016, 07:36 PM
Feb 2016

there is not a fricking thing they can do about it until the 22nd..

karynnj

(59,504 posts)
13. no no no
Sat Feb 13, 2016, 07:20 PM
Feb 2016

First she is running for President. Two, do you want those hearing???? Not to mention, her background in law is mostly the Rose Law firm.

 

Drunken Irishman

(34,857 posts)
5. Obama could get away with a moderate...
Sat Feb 13, 2016, 07:12 PM
Feb 2016

Because it still shifts the direction of the court to the left.

It's probably his best option because it gives the GOP little ground to stand on and makes it difficult to oppose without looking too political.

Generic Brad

(14,275 posts)
34. But only in the 3rd round
Sat Feb 13, 2016, 08:25 PM
Feb 2016

His first two selections will be shitcanned automatically. That's how the GOP machine rolls.

karynnj

(59,504 posts)
9. two is the only one that makes sense
Sat Feb 13, 2016, 07:17 PM
Feb 2016

The first is nonsense. Kerry is an exceptional SoS in a time of global crises. If there ever was anyone born to be in that position it is him. He is critical in that position. He is also a very decent man of honor and integrity. However, his opinions on everything are well known and he is a very principled liberal on nearly everything.

ScreamingMeemie

(68,918 posts)
11. Nominate a moderate (pro-Roe v. Wade) watch the Repubs act like toddlers
Sat Feb 13, 2016, 07:19 PM
Feb 2016

use it in the nominated Dem's campaign to highlight the craziness of the GOP... with multiple references to Cruz and Rubio's Twitter accounts today.

 

davidn3600

(6,342 posts)
19. You just need McConnell and 60 votes to get someone through
Sat Feb 13, 2016, 07:22 PM
Feb 2016

There is too much pressure to allow a controversial pick or a liberal pick. But a middle of the road pick might be enough to get McConnell to want to avoid the fight and get it through.

Ex Lurker

(3,814 posts)
17. The trouble with nominating Kerry is he's indispensible as SoS right now
Sat Feb 13, 2016, 07:21 PM
Feb 2016

with so many critical events going on in the world.

lpbk2713

(42,759 posts)
18. Want to see a lot of rethugs go into cardiac arrest?
Sat Feb 13, 2016, 07:21 PM
Feb 2016



Let the president appoint FLOTUS to the new vacant seat on the SCOTUS.




Warpy

(111,272 posts)
20. I think he'll nominate a moderate, a savvy political move
Sat Feb 13, 2016, 07:23 PM
Feb 2016

and let's face it, a moderate will be a huge improvement over the increasingly radical Scalia.

NYC Liberal

(20,136 posts)
28. Sotomayor was criticized as being "too moderate" by DU.
Sat Feb 13, 2016, 07:39 PM
Feb 2016

If he makes another pick like her, I'll be very happy.

justiceischeap

(14,040 posts)
30. Sorry but John Kerry already has a job
Sat Feb 13, 2016, 07:45 PM
Feb 2016

and I know I'll get slammed for this but he's too old. I'm not saying his age makes him incapable of doing the job but we need someone younger that will sit on the bench longer.

2) President Obama already has a farm team: http://www.newyorker.com/news/daily-comment/the-supreme-court-farm-team

3) He can't not nominate someone.

Latest Discussions»General Discussion»As I see it, Obama has 3 ...