General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsWhat happens to Merrick Garland after January 20th?
Since he is not going to be voted on by the Republicans for the Supreme Court, will he return as Judge on the DC Circuit?
It is my opinion that Obama should ask one more time for the Republicans to vote up or down on his nomination. No doubt, they would refuse again.
But it would show the voters that Republicans want Democrats to vote for their nominees but they refuse to vote for Democratic nominees.
Democrats should then vote against all Supreme Court nominees brought forward for the next two years.
Also, they should oppose almost all of the present Cabinet appointees of Donald Trump. In the process, they should make public all their faults and liabilities and explain why they should not hold the positions they have been nominated for by Donald Trump.
The Merrick Garland vote, or lack of vote, gives the Democrats the legitimacy to oppose everything the Republicans put forth. It should be stated clearly that the Judicial Branch is an independent branch of our government and is not there to rubber-stamp the policies of either Party. Republicans do not own the Supreme Court.
gulliver
(13,186 posts)The Republicans will struggle to find someone worse than Scalia...and fail.
Then we just need Ginsberg and Kennedy to make it to February 13th, 2020. At that point, per Republican precedent, Trump won't have the right to appoint justices any more. It will be up to the next president.
JustABozoOnThisBus
(23,362 posts)Extreme right-wing, extreme Catholic, perfect.
mazzarro
(3,450 posts)As if Democrats will have the balls to make reThugs live by their precedent. I do not hold such hope with the current Dems in Congress - period.
onenote
(42,747 posts)Nominations expire at the end of a session of Congress. Garland's nomination will be returned. Obama could immediately resubmit it if he so chose.
Kolesar
(31,182 posts)Decisions made at appellate court levels will probably not get reversed in a 4-4 court. President Obama appointed many of the appellate judges, so decisions should be going our way.
My Yahoo search indicates that the GOPS considered ending the filibuster, but I don't think they did.
https://search.yahoo.com/search?fr=mcafee&type=C211US91037D20141217&p=filibuster+%22supreme+court%22
yeoman6987
(14,449 posts)If they feel they can do well in 2018, they will.
hlthe2b
(102,343 posts)Lousy, situation...
former9thward
(32,068 posts)He has been assigned cases starting Jan. 18th, 2017.
Wednesday, January 18, 2017 9:30 A.M. USCA Courtroom 31 - Judges Garland, Kavanaugh, Srinivasan
15-1312 Midwest Division - MMC, LLC v. NLRB
16-7019 Lakeisha Jordan v. DC
16-5188 MetLife, Inc. v. Financial Stability Oversight
Monday, January 23, 2017 9:30 A.M. USCA Courtroom 31 - Judges Garland, Rogers, Williams
16-5126 Jason Leopold v. CIA
14-1226 Oak Harbor Freight Lines, Inc. v. NLRB
15-3045 USA v. Brianna Meadows
https://www.cadc.uscourts.gov/internet/sixtyday.nsf/fullcalendar?OpenView&count=1000
J_William_Ryan
(1,756 posts)Is a precedent has been set that might backfire on Republicans.
Should Democrats win control of the Senate in 2018, and if a vacancy on the Supreme Court occurs late in 2019 or in 2020, Democrats would be able to refuse to consider the Trump nominee, and Republicans wound have no good cause to oppose it.
MFM008
(19,818 posts)wouldn't get a fart through that senate If I had to spend 4 years on my feet filibustering.
Its been a year without a SCOTUS fill it would be 4 more.