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Shageletic
Jul 25, 2007

foobardog posted:


I think he is just like Boehner to Scalia's House Freedom Caucus. He knows that to succeed in politics you need to have some cloak of general reasonableness, especially when all branches are not controlled by your party. I'd love to be proven wrong and find out he's a reasonable swing vote like Kennedy.

He's done and is doing remarkably well pushing the country rightwards in a few key and inconceivably important ways.

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eviltastic
Feb 8, 2004

Fan of Britches

Adar posted:

This one's pro click because holy lol even if you're the Idaho Supreme Court and thus lords of your own two thousand mile frozen wilderness why would you ever put that sequence of words in a sentence that SCOTUS will read.
The pleadings are worth reading, too. You know somebody's completely lost the plot when the respondent has to open their brief with a line like

quote:

If the sole question presented on the petition for a writ of certiorari is, as framed by Petitioner, “whether the Idaho Supreme Court correctly concluded that Hughes and Christiansburg do not bind state courts because this Court ‘does not have authority to limit the discretion of state courts where such limitation is not contained in the statute,’ ” the inquiry can end here and summary disposition may be appropriate. Respondents are unable to locate any authority or case law to support that assertion of the Idaho Supreme Court.
The central premise of the brief is "please just pretend they didn't say that".

Proud Christian Mom
Dec 20, 2006
READING COMPREHENSION IS HARD

Shageletic posted:

He's done and is doing remarkably well pushing the country rightwards in a few key and inconceivably important ways.

He's also the only reason Obama has any sort of policy victory.

PerniciousKnid
Sep 13, 2006

go3 posted:

He's also the only reason Obama has any sort of policy victory.

You're referring to a case that would never have even been argued at the Supreme Court in a reasonable country.

Trevor Hale
Dec 8, 2008

What have I become, my Swedish friend?

You guys!!!!!

http://m.kvia.com/news/breaking-surpreme-court-justice-scalia-dies-during-hunting-trip-in-marfa/37981652

I would blow Dane Cook
Dec 26, 2008

It's real. Scalia is dead.

Mr. Nice!
Oct 13, 2005

c-spam cannot afford




Is senate in session? Could be time for a recess appointment.

shirts and skins
Jun 25, 2007

Good morning!

I can't believe this is actually happening. Nonsense, this is an election year!

computer parts
Nov 18, 2010

PLEASE CLAP
https://twitter.com/WestWingReport/status/698628029556219904

HorseRenoir
Dec 25, 2011



Pillbug
Assuming the Senate blocks any appointments by the summer, how will this affect the upcoming cases this year?

Warcabbit
Apr 26, 2008

Wedge Regret
Multiple reports.
http://m.mysanantonio.com/news/us-world/article/Senior-Associate-Justice-Antonin-Scalia-found-6828930.php
I don't think they can stall - I think Obama gets one more judge. This is yuge.

How does it change it? 'In a 5-4 decision' becomes 'in a 4-4 tie - no result'.

Republicans
Oct 14, 2003

- More money for us

- Fuck you


On one hand I'm glad the fucker is dead.

On the other I fear republicans are gonna prevent any new appointment before the election and use it to bring out the vote.

Dexo
Aug 15, 2009

A city that was to live by night after the wilderness had passed. A city that was to forge out of steel and blood-red neon its own peculiar wilderness.
https://twitter.com/Smooth_Orator/status/698628111571619840

OJ MIST 2 THE DICK
Sep 11, 2008

Anytime I need to see your face I just close my eyes
And I am taken to a place
Where your crystal minds and magenta feelings
Take up shelter in the base of my spine
Sweet like a chica cherry cola

-Cheap Trick

Nap Ghost

:smith:

We only got one angry Scalia opinion this year

computer parts
Nov 18, 2010

PLEASE CLAP

HorseRenoir posted:

Assuming the Senate blocks any appointments by the summer, how will this affect the upcoming cases this year?

Assuming none of the votes change:

Anything that was 5-4 conservative will now be tied, and so the previous ruling will stand.

Anything that was 5-4 liberal will be 5-3, no difference in outcome.

Mitt Romney
Nov 9, 2005
dumb and bad

HorseRenoir posted:

Assuming the Senate blocks any appointments by the summer, how will this affect the upcoming cases this year?

They will probably block all appointments until the election ends.

Slaan
Mar 16, 2009



ASHERAH DEMANDS I FEAST, I VOTE FOR A FEAST OF FLESH

Jumpingmanjim posted:

It's real. Scalia is dead.

:ohdear:

If it's true I hope the best for his family, even if he was a horrible human being.




Obama, time to step up your game and nominate yourself. President Joe Biden :getin:

ufarn
May 30, 2009

Warcabbit posted:

Multiple reports.
http://m.mysanantonio.com/news/us-world/article/Senior-Associate-Justice-Antonin-Scalia-found-6828930.php
I don't think they can stall - I think Obama gets one more judge. This is yuge.

How does it change it? 'In a 5-4 decision' becomes 'in a 4-4 tie - no result'.
It will affirm lower-court decisions AFAIK.

Means Affirmative Action will survive, dunno about what the lower-court ruling on the union payment was.

Obdicut
May 15, 2012

"What election?"

Mitt Romney posted:

They will probably block all appointments until the election ends.

It's a long time. I'm hoping Obama has some sane Bush-appointed conservative-but-not-nuts judge to put up that will make the GOP look insane by opposing.

kitten emergency
Jan 13, 2008

get meow this wack-ass crystal prison
Scalia's the one who got really flustered by gays doing butt stuff, right? Maybe the thought of legally married gays doing butt stuff on Valentine's Day was too much to bear.

Tommah
Mar 29, 2003

will obama nominate himself?

PerniciousKnid
Sep 13, 2006

Mitt Romney posted:

They will probably block all appointments until the election ends.

Or until a Republican president is elected.

evilweasel
Aug 24, 2002

Mitt Romney posted:

They will probably block all appointments until the election ends.

uh, if you think this senate or the next (if the Dems don't win) is confirming jesus himself if president Clinton nominates him, lol

whydirt
Apr 18, 2001


Gaz Posting Brigade :c00lbert:
It's a Galentine's Day miracle!

Mo_Steel
Mar 7, 2008

Let's Clock Into The Sunset Together

Fun Shoe
Condolences to his family for their loss. If I recall he and Ginsberg got along really well, so this probably hurts for her too. :(

Having said that,

https://www.youtube.com/watch?v=9t4-zDem1Sk

Chamale
Jul 11, 2010

I'm helping!



Obama has been learning how to play the game. Can Congress stop him for eleven months?

Mitt Romney
Nov 9, 2005
dumb and bad

evilweasel posted:

uh, if you think this senate or the next (if the Dems don't win) is confirming jesus himself if president Clinton nominates him, lol

Good point haha

Look Around You
Jan 19, 2009

Chamale posted:

Obama has been learning how to play the game. Can Congress stop him for eleven months?

I was wondering the same. I know they'd want to delay as long as possible to hope for a GOP president, but I don't think they can leave a SCOTUS seat vacant for a year can they?

Mr Ice Cream Glove
Apr 22, 2007

I feel no sorrow

shirts and skins
Jun 25, 2007

Good morning!
Yeah 0% chance a confirmation happens this year. Democrats have a fairly favorable Senate map in November, it's the class that was elected in the Tea Party wave of 2010.

e. What I'm saying is, the Dems already knew they needed this President to maintain their section of the court, but the stakes of this election just went waaaaaaaay up for the GOP.

Kalman
Jan 17, 2010

Chamale posted:

Obama has been learning how to play the game. Can Congress stop him for eleven months?

Probably, yes. They just have to play a delaying game by saying "SCOTUS nominations are important, we can't rush into these things!"

(Obama could always do a recess appointment if they try to explicitly say the next president should get to nominate.)

AreWeDrunkYet
Jul 8, 2006

Tommah posted:

will obama nominate himself?

Came here to ask the same question. If this is legal, that seems like the perfect retirement plan.

computer parts
Nov 18, 2010

PLEASE CLAP

AreWeDrunkYet posted:

Came here to ask the same question. If this is legal, that seems like the perfect retirement plan.

Only problem is that his wife hates DC.

Supercar Gautier
Jun 10, 2006

It's going to be hilarious when Obama nominates someone and people try to argue that he's not allowed to do that this year.

Tommah
Mar 29, 2003

computer parts posted:

Only problem is that his wife hates DC.

how much time a year on average does a justice have to stay in DC?

Obdicut
May 15, 2012

"What election?"

Kalman posted:

Probably, yes. They just have to play a delaying game by saying "SCOTUS nominations are important, we can't rush into these things!"

(Obama could always do a recess appointment if they try to explicitly say the next president should get to nominate.)

They don't ever have to recess though do they? Can't they keep the lights on through shittery?

TinTower
Apr 21, 2010

You don't have to 8e a good person to 8e a hero.
The President could nominate Vladimir Putin, subject to the advice and consent of the Senate.

Taft considered putting himself on the bench, but backed away as it was dodgy on separation of powers grounds.

Timby
Dec 23, 2006

Your mother!

Obdicut posted:

They don't ever have to recess though do they? Can't they keep the lights on through shittery?

I feel like Senate Republicans did that over the holidays back in like 2013, yeah.

Look Around You
Jan 19, 2009

Obdicut posted:

They don't ever have to recess though do they? Can't they keep the lights on through shittery?

I thought there was a legally required recess at some point during the year for congress?

e: or is that just for the house?

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Mr. Nice!
Oct 13, 2005

c-spam cannot afford



Obdicut posted:

They don't ever have to recess though do they? Can't they keep the lights on through shittery?

They're in session less than a third of the year this year:

http://www.senate.gov/legislative/resources/pdf/2016_calendar.pdf

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