General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsI think President Obama screwed up with his SCOTUS nominee
An older, moderate to conservative nominee is not what we need. While he is to the left of Scalia (not a hard thing to find), he is not a Progressive by any stretch.
The Senate Republicans are also pragmatic, and saving their own skins is job #1.
What if they call Obama's bluff and confirm Garland?
That gives THEM a victory - they are able to boast that they forced Obama to appoint a moderate/conservative to the court, and that is why the GOP needs to remain in control of the Senate.
Jackie Wilson Said
(4,176 posts)ScreamingMeemie
(68,918 posts)KamaAina
(78,249 posts)We'll be lucky to get one generation out of him. They'll get two out of Roberts.
PoliticAverse
(26,366 posts)If they don't it makes a very good issue against their "obstruction" for the election.
If they do then one can ask why he didn't appoint someone more liberal that would be rejected
and wait for the 2016 election for a Democratic President and possibly Senate to approve someone
more liberal.
ScreamingMeemie
(68,918 posts)gratuitous
(82,849 posts)If the Senate Republicans were smart, they'd convene hearings right away, pass Judge Garland out with a recommendation to confirm, and put it to a floor vote by Tax Day.
So, now that we've eliminated that possibility, let's sit back and watch the Senate Republicans degenerate into another Purity Pie Fight.
annabanana
(52,791 posts)likely to be to this guy's left..
And if the donald wins (shudder) well.. who the hell know?
LastLiberal in PalmSprings
(12,586 posts)She's a corporatist, after all, not a progressive (not in her heart after all).
Given that, a Republican would appoint a young guy who was to the right of Scalia, so it could be worse.
Trump would probably appoint himself, since he's the only one smart enough to be on the SCOTUS, and besides, he has "the best words."
StevieM
(10,500 posts)Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayer or Elena Kagan.
And I trust that President Obama thoroughly vetted Judge Garland, and made sure that he was also someone who would vote with the four liberal to moderate Justices.
The big problem with Garland is that he is a little older than we might like. But I assume that President Obama also vetted his health and his willingness to serve until late in his life. Maybe he could wind up serving for 25 years.
Zambero
(8,964 posts)The Supreme Court became a more impartial and thoughtful body of non-ideologues, neither right or left, consistently focusing on aspects of the law without the partisan bias? Not likely, but just wondering if we would be better served in the short and long run?
skepticscott
(13,029 posts)I suspect you mean that seriously, but, sad to say, this country is long past that point.
I just wish that both sides of the political spectrum would stop pretending that they want the Supreme Court to be an impartial body that will simply interpret the law. Practically everyone wants a Court that will further their own ideology, so I wish they'd just drop the pretense and come right out with it.
Zambero
(8,964 posts)But given the possibility of the reverse occurring at some point under a certain set of circumstances... the practice of sending nominees to the Senate that are designated in order to please the "base" of the party occupying the White House is potentially wrought with peril.
B2G
(9,766 posts)WhaTHellsgoingonhere
(5,252 posts)That's why the political center continues to be moved to the right. Dems want to do the right thing, R want to do the Right-Wing thing. This dynamic dictates everything: they go extreme right and we go to the center. In the end, the political center no longer reflects "we the people," which is further to the left of center. Then the Dems trot out "moderate, centrists" and their base says, "there's no difference between the parties" and stay home.
Zambero
(8,964 posts)I agree with what you're saying. The Democratic party seems to be moving to the left after having settled in the center for some time, as is the country at large. Moving back toward the center is a concession to the right wing, which will not work in any event. And the intractable right wing would never take the same compromise approach if it was ever in a position to do so.
Yo_Mama
(8,303 posts)ymetca
(1,182 posts)because when he was on the DC Circuit Court of Appeals he voted to hear the case of a lower court overturning Washington DC's ban on handguns. Even though they never took the case (lost 6 to 4 to hear).
Presumably he's "soft on guns".
dbackjon
(6,578 posts)Last edited Wed Mar 16, 2016, 01:44 PM - Edit history (1)
I don't hate him he seems to be a genuinely decent, moderate man with a brilliant legal mind, but hes a worst-case scenario for those of us who are passionate about criminal justice reform.
On this issue, he is a true conservative and runs the risk of actually pushing the court to the right.
On this point, Tom Goldstein, who has argued 38 cases before the Supreme Court, wrote that Garlands record on criminal defense appeals is less than sterling.
Judge Garland rarely votes in favor of criminal defendants' appeals of their convictions, said Goldstein. Most striking, in 10 criminal cases, Judge Garland has disagreed with his more liberal colleagues; in each, he adopted the position that was more favorable to the government or declined to reach a question on which the majority of the court had adopted a position favorable to a defendant. Because disagreement among panel members on the D.C. Circuit is relatively rare, this substantial body of cases is noteworthy.
http://www.nydailynews.com/news/politics/king-merrick-garland-push-supreme-court-article-1.2566551
pampango
(24,692 posts)Reputation and judicial philosophy
Garland has been described by Nina Totenberg and Carrie Johnson of NPR as "a moderate liberal, with a definite pro-prosecution bent in criminal cases." The New York Times said he "is often described as brilliant" and wrote that "If Judge Garland is confirmed, he could tip the ideological balance to create the most liberal Supreme Court in 50 years." According to a measure of judicial ideology developed by four political scientists and considered a "reasonably good predictor of voting on the Supreme Court," Garland is close to Justice Elena Kagan.
Garland has "tended to take a broader view" of First Amendment rights. In a number of split decisions on environmental law in the D.C. Circuit, Judge Garland has "favored contested EPA regulations and actions when challenged by industry, and in other cases he has accepted challenges brought by environmental groups." In cases involving the Freedom of Information Act and similar provisions related to government transparency, "Judge Garland's rulings reflect a preference for open government."
I don't see anything about 'moderate to conservative' in his record. Do you have more information?
dbackjon
(6,578 posts)Bluenorthwest
(45,319 posts)end like OK City Tim. That seems to be why he is became a prosecutor, in order to kill while being 'the law'.
At any rate, he's some straight person to my right, like a man from another country, no doubt very religious as all the Republicans who hate gay people love this guy deeply.
That's what I've learned this week, most straight Democrats are basically Republicans. This is not really 'my Party' nor 'my country' and there is no equality and the leaders of this Party believe in a totally false narrative about the years I have been alive, a narrative in which those I see as horrible villains are beloved heroes 'Ron and Nancy, they founded ACT UP! They are icons of the LGBT movement!!'
Obama, Clinton, these are people who might as well be from Mars they are so disconnected from reality and truth. Love that Orrin Hatch, adore that Dutch. Who are these people?
Odin2005
(53,521 posts)"That seems to be why he is became a prosecutor, in order to kill while being 'the law'."
RobinA
(9,893 posts)OMG not that again.
Johonny
(20,851 posts)If they confirm anyone (Anyone), they will be painted as more liberal actions by the GOP in congress that won't do what GOP voters voted for them to do (block everything Obama wants.)
The RW media has painted the very act of governance a liberal thing. When they vote for a budget, they're being liberal. When they try to give disaster relief, they're being liberal. When they raise the debt ceiling, they're being liberal.
Their electorate has been taught the only conservative thing a conservative can do is block everything Obama wants and pass bills that will be vetoed. Anything else, and I mean anything is considered a liberal act.
Thus they now have the option of voting for a judge that is probably the best they could hope for and gaining the wrath of their electorate or doing nothing and looking like fools. They're already block their own budget in the house so blocking this nomination for no reason at all but to "look" good to people that are idiots isn't impossible.
annabanana
(52,791 posts)This is why is consider these anti-government, government officials Dixie's Revenge.
Tommy_Carcetti
(43,182 posts)I mean, there are worse things in the world.
skepticscott
(13,029 posts)and precluding any possibility of that spot being filled by a FAR more conservative justice if the Republicans win the White House.
Even getting an up-down vote on a nominee would be a big win for Obama, given the Republicans' bluster. And it would make it a lot harder for them to refuse to vote on the next nominee.
cloudythescribbler
(2,586 posts)The notion of "Obama's bluff" is silly. Obama reasonably takes into consideration the "legitimate" degree of veto power that a Republican senate has, and is proposing the very justice that RWer Orrin Hatch recently hinted he might be willing to support but Obama would never have the sense to nominate.
Why would he do that? Well, given the scorched earth policy from which I know of NOT A SINGLE GOP dissenter in the senate to date, they are digging in their heels about even vetting or holding hearings for the nominee, let alone making the "concession" of actually voting him down. There is nothing to stop the GOP from digging in their heels and holding up the nomination until after the election. But Garland has the maximum chance of prying away some defectors, unlikely as the possibility of getting enough defectors may be. As for the Repugs "saving their skins", they were never punished for threatening the credit of the US, or any of their other obstructionism since Obama has taken office (or their obstructionism in the 93-4 period). The problem is that the Democrats for decades or longer have been bringing a nerf ball to a gunfight (when they conflict w/their right) as opposed to playing tough (as they have no trouble doing towards those on the Left, overtly &/or discreetly). The GOP has been counting on this.
One relatively recent example -- the Democrats secured more votes (by more than a million nationally I believe, but the number was substantial) in elections for the House in 2012, but due to Repug gerrymandering, they retained control of the House. This should have been in the face day after day for main street America (a "gerrymandority" and a major effort launched in State politics in states like Virginia and PA and others carried by Obama where the GOP padded their representation. Like "death panels" and 'Benghazi" the Democrats should have made this concern a household word. But they let the right win all the time, and now the GOP are extracting the price. When runaway global warming hits, we will see the full dimensions of the price the world has to pay not only for Bergen-and-McCarthy power but cowardice and indulgence of the RightWing from quarters themselves at least ostensibly not themselves RW. But given the facts on the ground as they are today, Garland may very well be the best bet
Matrosov
(1,098 posts)The Judicial Crisis Network claims he has a strong anti-gun bias and would vote that the Second Amendment is not an individual right (i.e. that a collective militia, rather than individual private citizens, has the right to bear arms). Some of the gun nuts around me already think Garland himself is going to kick down doors and confiscate firearms if he becomes a Supreme Court Justice
Apparently delaying the nomination after the election and making sure that Republicans control both the Senate and the White House in 2017 is our only and very remote chance of not filling the Supreme Court with another 'commie'
exboyfil
(17,863 posts)until the winner of the Presidential election is decided.
Clinton/Sanders - Confirm
Cruz/Ryan/Romney - Reject
Trump - ??????????????????
HereSince1628
(36,063 posts)I missed that. Obama's own description of himself isn't progressive. he has calls himself--prior to his election as president--what would have been a moderate republican in the 80's.
Obama is being Obama. He's starting a negotiation with his first move toward his opponents. It's what he's always done.
An ideal judge would come mostly neutral and mostly not partisan, but well informed by good judicial experience and a fine education. In this case we don't get neutral, we get it's political counterpart... a moderate (yes, that means center-right).
Odin2005
(53,521 posts)He's pro-Death Penalty, that is a no-go for me.
Blue_In_AK
(46,436 posts)They've dug too deep a hole to get out of.