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jmowreader

(50,533 posts)
Mon Mar 21, 2016, 11:29 PM Mar 2016

Supreme Court hypothetical time

The situation: It's January 21, 2017. We have a Democratic president, a Democratic House, 65 seats in the Senate and eight Supreme Court justices, thanks to Mitch McConnell's strange theory that the National Rifle Association has to sign off on any and all Supreme Court picks.

At this time we can pick whoever the hell we want to replace Fat Tony Scalia. Who should it be?

10 replies = new reply since forum marked as read
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Supreme Court hypothetical time (Original Post) jmowreader Mar 2016 OP
Barack Obama First Speaker Mar 2016 #1
He doesn't want the job. n/t PoliticAverse Mar 2016 #3
Clever...would he take the job? jmowreader Mar 2016 #4
William o. Douglas was never a judge Peregrine Mar 2016 #7
Douglas was good in his earlier years on civil rights. former9thward Mar 2016 #10
He's indicated he doesn't want the job. n/t PoliticAverse Mar 2016 #9
House doesn't matter for Supreme Court selection. If the new Senate is Democratic they can just vote PoliticAverse Mar 2016 #2
My thinking was... jmowreader Mar 2016 #5
I think this is probably the pick Obama really wants and why shouldn't the new Senate... PoliticAverse Mar 2016 #6
Goodwin Liu. Pull him off the CA Supreme Court. CincyDem Mar 2016 #8

jmowreader

(50,533 posts)
4. Clever...would he take the job?
Mon Mar 21, 2016, 11:50 PM
Mar 2016

The only real problem I've got with Obama as a justice is he's never been a judge. I know it's not required, but it's helpful.

Peregrine

(992 posts)
7. William o. Douglas was never a judge
Tue Mar 22, 2016, 12:09 AM
Mar 2016

And he turned out pretty good (except for that internment camp stuff).

Thurgood Marshal was never a judge.

former9thward

(31,949 posts)
10. Douglas was good in his earlier years on civil rights.
Tue Mar 22, 2016, 12:54 AM
Mar 2016

In his later years he went into dementia and wrote an opinion saying trees could sue the government. When that happened the SC stopped hearing cases when his vote might mean a difference. They waited until he died or retired. When he retired guards at the SC had to stop him from coming to the building because he thought he still worked there.

PoliticAverse

(26,366 posts)
2. House doesn't matter for Supreme Court selection. If the new Senate is Democratic they can just vote
Mon Mar 21, 2016, 11:47 PM
Mar 2016

to confirm Obama's nominee Garland between the time the new Senate is seated and the new President
is chosen.


jmowreader

(50,533 posts)
5. My thinking was...
Mon Mar 21, 2016, 11:52 PM
Mar 2016

One of Garland's selling points is the GOP already likes him - this gang of thieves voted pretty overwhelmingly to give him his current position. If we GOTTA wait till the new Congress is seated, why not pick one of their nightmares?

PoliticAverse

(26,366 posts)
6. I think this is probably the pick Obama really wants and why shouldn't the new Senate...
Mon Mar 21, 2016, 11:56 PM
Mar 2016

refute the Republican conduct by giving it to him.

But if the Republicans believed your scenario was likely wouldn't they just confirm Garland instead after the election?

CincyDem

(6,338 posts)
8. Goodwin Liu. Pull him off the CA Supreme Court.
Tue Mar 22, 2016, 12:10 AM
Mar 2016


Look him up. He'll kick ass so bad they'll give him 2 votes.
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