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Member
Oct 27, 2017
3,899
The democrats badly need to take the senate this fall. The chances of a Justice retiring or dying before the end of Trump's terms is just too high, and a 6-3 court will destroy America. They need the ability to block the nomination.
 

jaekeem

Member
Oct 27, 2017
3,743
Pointed out by SCOTUSblog, the majority disavows Korematsu (I don't think the Court has ever explicitly done that before):

Finally, the dissent invokes Korematsu v. United States, 323 U. S. 214 (1944). Whatever rhetorical advantage the dissent may see in doing so, Korematsu has nothing to do with this case. The forcible relocation of U. S. citizens to concentration camps, solely and explicitly on the basis of race, is objectively unlawful and outside the scope of Presidential authority. But it is wholly inapt to liken that morally repugnant order to a facially neutral policy denying certain foreign nationals the privilege of admission. See post, at 26–28. The entry suspension is an act that is well within executive authority and could have been taken by any other President—the only question is evaluating the actions of this particular President in promulgating an otherwise valid Proclamation. The dissent's reference to Korematsu, however, affords this Court the opportunity to make express what is already obvious: Korematsu was gravely wrong the day it was decided, has been overruled in the court of history, and—to be clear—"has no place in law under the Constitution." 323 U. S., at 248 (Jackson, J., dissenting).

Finally
 

Goodstyle

Banned
Nov 1, 2017
1,661
How was this Obama's fault again?

Please tell me how that is Obama's fault. Mitch refused to hold a vote.
The GOP are evil, they were always going to break the rules, Obama had so much time to do something, but he didn't. He made nice with these animals and got mauled. He appointed Comey, he refused to let it leak that the Trump campaign was being investigated, he was always playing it safe and fair. He never broke the rules, but maybe he should have.
 

_Karooo

Banned
Oct 25, 2017
4,029
The fact that this was 5-4 shows how politicised the Supreme court has become :(

It is usually the last line of defence. America you are in serious trouble.
 

sleepnaught

Banned
Oct 26, 2017
4,538
Mitch McConnell pulled a scam on the American people and robbed Obama of a Supreme Court appointment. Then people took a principled stand against Hillary Clinton, so Trump got to appoint a (very conservative) justice instead. Now you can expect a lot of shitty 5-4 rulings for decades. And it could get worse, if any vacancies arise over the next couple of years.
Mitch and his gang of outlaws set a terrible precedent by obstructing Garland's nomination. I just hope the dems will control the senate if a seat opens so they can obstruct it for 2 long years as retaliation.
 
Oct 25, 2017
41,368
Miami, FL
People that didn't vote + Russia + Comey fucked us and the consequences will still be upon us when we're all silver-haired.

Your vote MATTERS. If Ruth retires before Dems get congress back we'll be fucked for generations.
 

Blader

Member
Oct 27, 2017
26,678
Elections have consequences and Garland's stolen seat was indeed one of the greatest political heists of the century. The just absolute balls on the Republicans to deny holding a hearing on a qualified candidate for over a year is unbelievable. I doubt Democrats would ever have the guts or sliminess to do that.
They almost definitely wouldn't deny someone a hearing, but that shit isn't even necessary anyway. I don't for a second think that Dems would vote in another Gorsuch if they have majority control of the Senate, which is all that really matters.
 

BossAttack

Member
Oct 27, 2017
43,209
Gonna read the opinion now but off the top of my head I'm going to guess a combination of:

A) The wide discretion the President has regarding National Security/Foreign Affairs and the Court's limited ability to question the Executive's rationale.
B) That public statements/legislative history is meaningless and they need only look at the law. Thus, all of Trump's public statements which clearly showed it was a racial thing should be ignored because it's irrelevant to whether the action on its face is unconstitutional.
C) The fact that the Executive Order was amended to be more in line with the law and thus the original petitioners challenge is no longer an issue.
 

remiri

Member
Nov 1, 2017
482
The GOP are evil, they were always going to break the rules, Obama had so much time to do something, but he didn't. He made nice with these animals and got mauled. He appointed Comey, he refused to let it leak that the Trump campaign was being investigated, he was always playing it safe and fair. He never broke the rules, but maybe he should have.

What does any of this have to do with Garland being denied? Obama couldn't do anything about that.
 
Oct 27, 2017
10,660
Mild shock gif. Followed by hand on forehead. Stolen seat. We're gonna be in for a bad time now. They're making political rulings or refusing to make a ruling.
 

Blader

Member
Oct 27, 2017
26,678
The GOP are evil, they were always going to break the rules, Obama had so much time to do something, but he didn't. He made nice with these animals and got mauled. He appointed Comey, he refused to let it leak that the Trump campaign was being investigated, he was always playing it safe and fair. He never broke the rules, but maybe he should have.
There was nothing to do. All Obama can do is make the nomination. It's not up to him to hold hearings or votes; he doesn't have that power.

(Technically he could theoretically put Garland on the bench via recess appointment, but Senate Republicans were already having one member keep the chamber indefinitely in session to prevent there being a real recess.)
 

GaimeGuy

Banned
Oct 25, 2017
5,092
Elections have consequences.

Hope people who protest voted are happy.
We're supposed to be government of, by, and for the people.

In my lifetime, republicans have only won the popular vote in 2 out of 8 elections (1988 and 2004, and 2004 was a re-election of someone who got into office while losing the vote), yet they've filled 5 out of 9 supreme court justice vacancies.

Shit's stolen. Realistically we should have a 6-3 or 7-2 split, not a 4-5 split
 

Netherscourge

Member
Oct 25, 2017
19,032
Blame Joe Biden, not Mitch McConnell or Obama.

Senator Joe Biden was the one who first suggested a President should not nominate a a SCOTUS judge during an election year.

RBG is a justice because of the same "rule" - they held up George HW Bush during his last year and let Clinton pick the Justice after he won the election. That justice is Ruth Bader Ginsburg.

This is why you need steadfast laws to prevent holdups and obstruction.

Garland would have been denied anyway even if they did bring him up for nomination hearings. You gotta have a majority in Congress to get the Justice your really want.
 

Jackpot

Banned
Oct 26, 2017
1,827
How was this Obama's fault again?

Please tell me how that is Obama's fault. Mitch refused to hold a vote.

WTF could Obama have done? Murder Mitch McConnell?

There are a wide variety of ways to pressure a hostile Congress. After the first week there was zero noise from the Obama admin on the issue, despite it going on for 8 months. I remember posting during that time, asking why they didn't at least have talking heads on news networks pointing out the blatant obstruction. Like everyone else, he figured Trump losing was a sure thing and he didn't want to burn the political capital.
 

sleepnaught

Banned
Oct 26, 2017
4,538
Elections have consequences, folks.



Or maybe dems should field a better candidate and learn where Wisconsin is?
Or both. But Hillary was 100000000x a better candidate than the dumpster fire that is Donald Trump. We can lay plenty of blame on the DNC, but ultimately, the blame lies on the stupidity of the American electorate for allowing this fascist to come to power.
 

Loudninja

Member
Oct 27, 2017
42,292
Blame Joe Biden, not Mitch McConnell or Obama.

Senator Joe Biden was the one who first suggested a President should not nominate a a SCOTUS judge during an election year.

RBG is a justice because of the same "rule" - they held up George HW Bush during his last year and let Clinton pick the Justice after he won the election. That justice is Ruth Bader Ginsburg.

This is why you need steadfast laws to prevent holdups and obstruction.
How about we blame the goddamn republicans?
 
Oct 25, 2017
16,738
Not just refused a vote, refused even a hearing!



I don't know about that, but I do think Trump is more likely to win than lose if for no other reason than dumb independents who do not engage in politics until the last weeks of a campaign are typically willing to give incumbents the benefit of the doubt for a second term. This is still the same country that re-elected Bush - and with him, a Republican congress - despite having learned that he led the country into war based on a lie. The only way Trump loses re-election is if the economy sinks and/or healthcare costs skyrocket even more.

It'll be interesting to see how Trumps little Tariff war will impact things.
 

Mass Effect

One Winged Slayer
Member
Oct 31, 2017
16,922
Of course.

Imagine if Trump wins 2020. Supreme Court will be fucked for no less than 30 years.
 
Oct 25, 2017
12,214
There are a wide variety of ways to pressure a hostile Congress. After the first week there was zero noise from the Obama admin on the issue, despite it going on for 8 months. I remember posting during that time, asking why they didn't at least have talking heads on news networks pointing out the blatant obstruction. Like everyone else, he figured Trump losing was a sure thing and he didn't want to burn the political capital.
Curious what you think he could do.
 

Heshinsi

Member
Oct 25, 2017
16,113
Elections have consequences and Garland's stolen seat was indeed one of the greatest political heists of the century. The just absolute balls on the Republicans to deny holding a hearing on a qualified candidate for over a year is unbelievable. I doubt Democrats would ever have the guts or sliminess to do that.

Nor would they be allowed to. I give it all of a week before they would cave and step back from their position. One of these parties has a dedicated propaganda arm that shields it from scrutiny, and at the same time makes them seem like victims when the need is called for.
 

Deleted member 1086

User requested account closure
Banned
Oct 25, 2017
14,796
Boise Area, Idaho
Fuck.

I've always said I didn't want to leave this country based solely on the political situation, but I'm feeling closer to wanting to than I ever have before, especially when I see the thought that Trump could potentially nominate another SC justice. There would just be no point in staying if that happened.
 

Blader

Member
Oct 27, 2017
26,678
There are a wide variety of ways to pressure a hostile Congress. After the first week there was zero noise from the Obama admin on the issue, despite it going on for 8 months. I remember posting during that time, asking why they didn't at least have talking heads on news networks pointing out the blatant obstruction. Like everyone else, he figured Trump losing was a sure thing and he didn't want to burn the political capital.
yes, the Republican Congress of 2015-17 was well known for buckling to pressure from Barack Obama. We're talking about the same Congress that moved to allow 9/11 families sue Saudi Arabia over Obama's protestations not to, and then blamed Obama for letting them do it and not warning them about the dangers of doing so (risks he had already shared) in the first place.

Obama badgered McConnell and the Senate for not even giving Garland a hearing, but nobody cared. Dems don't care enough about SCOTUS and judicial picks; Republicans actually used it as an excuse to get over their reservations about Trump and elect him anyway; and the media was too busy devoting wall-to-wall coverage of empty podiums at Trump campaign rallies to give too much of a shit.
 

djplaeskool

Member
Oct 26, 2017
19,832
The GOP are evil, they were always going to break the rules, Obama had so much time to do something, but he didn't. He made nice with these animals and got mauled. He appointed Comey, he refused to let it leak that the Trump campaign was being investigated, he was always playing it safe and fair. He never broke the rules, but maybe he should have.

What rule is there to break? The selection process is in the Constitution. The president only has the right to nominate.
 

Blader

Member
Oct 27, 2017
26,678
really? isn't this incredibly frustrating considering he shouldn't even be there?

it was Obama's pick to make, right?

i don't know how Americans can just let all this happen.
Because we had an election and the stakes for it were quite clear. Nobody's letting this happen; it happened because Donald Trump won the presidency.
 

Stoof

Member
Oct 25, 2017
2,851
If Trump wins 2020 then the Supreme Court will be fucked for decades, and I will not stay in this shit hole to ride that out.