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

kentuck

(111,110 posts)
Mon Feb 15, 2016, 10:21 AM Feb 2016

I have a question about the Supreme Court?

Could the eight remaining justices vote on the issue of whether the Senate has a right to hold up Supreme Court nominees for simple political reasons? Would that be a constitutional issue that the Supreme Court could rule upon, if it was requested by the President??

11 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
 

Kelvin Mace

(17,469 posts)
2. Some one would have to sue
Mon Feb 15, 2016, 10:26 AM
Feb 2016

and that would bring up and interesting question of recusal. Since the SCOTUS would be in essence ruling on a case affecting itself. If it were to happen and no one recused, I would say the vote would be 6-2 that the president could make the appointment, with Alito & Thomas voting against. 5-2 if Roberts recused himself.

 

Hoppy

(3,595 posts)
4. The most likely scenario would be the Repubs running out the clock. Obama nominates someone. Hearng
Mon Feb 15, 2016, 10:47 AM
Feb 2016

takes a few weeks. They vote "No" as a block.

Rinse, repeat. They only need to do this a couple of times.

kentuck

(111,110 posts)
5. I think the Repubs understand that the Constitution is not on their side...
Mon Feb 15, 2016, 10:56 AM
Feb 2016

and they are trying to intimidate and threaten the President into nominating a "conservative" for the vacancy, in hopes of maintaining their political advantage on the Court. They are playing heavy-handed politics, in my opinion.

former9thward

(32,082 posts)
6. The court would never take up a case like that.
Mon Feb 15, 2016, 11:44 AM
Feb 2016

Both parties have held up SC nominees for purely political reasons. The Constitution does not give limitations to the Senate's confirmation process.

onenote

(42,761 posts)
9. +1
Mon Feb 15, 2016, 11:59 AM
Feb 2016

The court doesn't rule on "political questions" and as correctly noted, there is no timetable for considering a nomination. Finally, Senators have complete discretion to oppose a nomination for any reason or no reason at all.

MineralMan

(146,331 posts)
8. Not in time for this appointment.
Mon Feb 15, 2016, 11:55 AM
Feb 2016

A suit would have to be filed in Federal District court by someone who has standing to sue. The entire process would take at least two years before it reached the SCOTUS. It's not going to happen in time to affect this appointment.

The President cannot "request" that the Supreme Court take a case. There is a process that must be followed.

WillowTree

(5,325 posts)
10. The Supremes can't reach down and bring issues up on their own.
Mon Feb 15, 2016, 12:29 PM
Feb 2016

They have to wait for someone to file a suit which then travels through the lower court system until it reaches them.

Latest Discussions»General Discussion»I have a question about t...