SCOTUS Idle Speculation

[kairos12]

If the scenario should develop over the next two years that one of the 5 Rethugs should leave the court (illness, death, impeachment) what are the chances the Senate would allow President Obama pick their successor? I say get ready for the filibuster of the century. He would never get a left of center nominee through. For that matter, any nominee.

[Prophet 451]

1. I sort-of disagree

If he nominated an extreme-right fascist like Scalia, I think they'd get through. Anyone to the left of Goebbals though and the nomination would be filibustered until the end of Obama's term.

That doesn't stop me praying for the sudden death of four of the SCOTUS justices nightly.

[davidpdx]

7. This made me laugh because I usually say the same thing

That doesn't stop me praying for the sudden death of four of the SCOTUS justices nightly.

Mostly I'm hoping for Scalia to drop dead. The day he does I swear to god I'm going to party like it's 1999.

[defacto7]

2. That's how I've always looked at it.

In this political climate... that possibility would be a dead issue...

The only really interesting thing would be if the leaving judge was Roberts. That would mean the court would be a 4/4 right/left split with no Chief Justice to call the tie. That would put things on hold for quite a while. Any other member goes out and Roberts would call all ties which would make him Emperor of the US.

[brooklynite]

8. The Chief Justice doesn't break ties...

He votes like everyone else. in the event of a tie (from recusal), the lower Court ruling stands.

[defacto7]

9. Ha, good to know.

I didn't know that. I had the idea he has certain powers.... oh well, I guess I need to update.

Thanks

[Chan790]

3. The Senate nuke on judicial filibusters would apply.

There would be no issue unless the Democratic Senate Majority had an issue with the nominee. He only has to get to 51 to get it to a vote, not 60.

[kairos12]

4. Supreme Court Nominees Can Still Be Filibustered

http://www.washingtonpost.com/politics/senate-poised-to-limit-filibusters-in-party-line-vote-that-would-alter-centuries-of-precedent/2013/11/21/d065cfe8-52b6-11e3-9fe0-fd2ca728e67c_story.html

snip:

The rule change does not apply to Supreme Court nominations or to legislation.

Bad for us.

[Chan790]

5. Well then, it would be as good of a time as any to go for the full nuke.

I mean I know how risky that is, but if you can replace Antonin Scalia with someone in their 40s like Sri Srinivasan and alter the direction of SCOTUS for the next 35 years...you kinda have to do it.

[davidpdx]

6. It seems doubtful that President Obama would be able to get through a nominee

with the Congress he has now. I don't see it getting any better in the next Congress either. If one of the justices died, I think he'd be forced to choose between picking a very moderate to right nominee or not picking one at all.