2016 Postmortem
Related: About this forumClinton would stick with Garland as nominee for Supreme Court: Reid
Senate Democratic leader Harry Reid said on Thursday he believed Hillary Clinton would stick with President Barack Obama's Supreme Court nominee if she won the Nov. 8 presidential election.
Some Republican conservatives were concerned that if Democratic presidential candidate Clinton won the White House, she would pick a more liberal judge than Obama's nominee, Merrick Garland, for a lifetime appointment to the high court. Garland is a centrist federal appeals court judge whom a number of Republicans have praised.
"I would think that she and all the people around her would say, 'Why do we need to rock the boat here? Let's get him confirmed quickly and move on to the next one, whenever that comes,'" Reid said on a conference call with reporters.
Clinton has urged the Senate to confirm Garland. Her campaign did not immediately return a request for comment on Reid's remarks.
https://www.msn.com/en-us/news/politics/clinton-would-stick-with-garland-as-nominee-for-supreme-court-reid/ar-BBvwpi9?li=BBnbcA1&ocid=edgsp
Why tell them that Harry? Keep 'em scared and guessing instead.
kcjohn1
(751 posts)If GOP doesn't confirm him before the election, Clinton should nominate more liberal justice not someone who majority of the GOP would be happy with if it weren't Obama nominating him.
It was the president's choice...and the GOP screwed him. The only way she should pick another judge is if Obama withdraws his name.
kcjohn1
(751 posts)Demsrule86
(68,582 posts)They had previously said they would vote for him...some anyhow...but of course, the GOP are liars. Obama should tell the GOP he will withdraw Garland...but if he doesn't ...I feel Hillary must follow through.
bigwillq
(72,790 posts)dhol82
(9,353 posts)There is a history of moderate justices who go with a liberal bias when the shit hits the fan.
Also, would imagine that, after all the crazy about his nomination, he would feel more in charity with the liberal agenda.
Demsrule86
(68,582 posts)democrattotheend
(11,605 posts)Garland seems like a well qualified and fair judge, but I would rather have someone more liberal. The Republicans have made the election a referendum on the court and now Trump is telling people that Hillary would appoint someone who doesn't believe in the 2nd Amendment. If she wins, I would love to see her interpret that as a mandate for appointing a judge who doesn't believe that the 2nd Amendment creates a private right to own firearms (or at least to own military grade assault rifles).
What is most important to me in terms of the Supreme Court is where the new justice stands on binding arbitration in take it or leave it form contracts. It's not a very sexy issue to non-lawyers, but it makes it close to impossible to bring class actions, which means that effectively, many rights like minimum wage and consumer protection will never be vindicated because individual claims are too small to be practical for any lawyer to litigate. For the past decade, the Supreme Court has repeatedly limited states' rights to prohibit or refuse to enforce these one-sided contracts, even for claims entirely under state law. I never thought I would say this, but I actually agree with Justice Thomas about that expansive interpretation of the 1925 Federal Arbitration Act being a huge federal overreach and encroachment on states' rights.
Demsrule86
(68,582 posts)My daughter broke both her ankles and the doctor put a cast one of the broken ankles and never set it...he told her she was fine 7 weeks later. and that she needed no therapy...he took X-rays and must have known there was still a break..thank God I knew something was wrong and got a second opinion...two surgeries later...she is getting better, but I could not find a lawyer to take the case as we have some sort of judicial reform in Ohio. So now we have to pay that bastard....seriously thinking about small claims court.
PJMcK
(22,037 posts)We all know that if President Obama tells the Republicans that today is Thursday, they'll deny it and try to pass a bill removing Thursday from the calendar. What if Senator Reid is just messing with Republicans? Since they won't even meet with Judge Garland, what if this is a ploy to really throw the GOP senators off-balance?
Here's Michael Scott explaining the awesome power of reverse psychology:
People seem susceptible to this sort of diversion this cycle.
alcibiades_mystery
(36,437 posts)I was thinking Obama should demand a vote before the fall recess, or he's withdrawing the name. That would put extra pressure on McConnell to confirm the older, more moderate guy in fear of the younger, more leftier pick they might get from a newly elected Clinton. Seems liek a solid play.
At the same time, the GOPers are obviously playing up the judges angle really hard right now (that's the substance of the script that Trump managed to toss into his dumpster fire), so the smart play here might be to sit tight on Garland for now, as it shows up the "unity" narrative Clinton is pushing without pushing the cross-over Republicans back to Trump.
Probably a good play for now.
tritsofme
(17,379 posts)Except in the extremely unlikely event they retain the Senate, then they will blockade the Court as long as they cling to their majority.