tag:blogger.com,1999:blog-4425587034622601550.post1908419557414255458..comments2023-09-15T04:27:57.129-04:00Comments on Commentarama: What's In Store If Justice Stevens Retires?AndrewPricehttp://www.blogger.com/profile/11312364467936820986noreply@blogger.comBlogger16125tag:blogger.com,1999:blog-4425587034622601550.post-51452323442646563982010-04-07T14:32:49.116-04:002010-04-07T14:32:49.116-04:00Joel: Politics, like nature, abhors a vacuum. An...Joel: Politics, like nature, abhors a vacuum. An eight-member court would be considered intolerable for any length of time. It would create a problem for the courts, lawyers, and both political parties. <br /><br />The Founders instituted an odd number of justices in order to avoid even splits on decisions. It can work for a short while, but chaos would eventually result. Likewise, the very nature of the pleadings alone could decide how the cases come out. A 5-4 decision for a petitioner might be a win. A 4-4 might be a loss, depending on what the pleadings contain and whether the decision would affect precedent. If the Republicans were to succeed in blocking a very liberal nominee, it is likely that Obama (or any president in his position) would then nominate someone less controversial. But the impasse would be broken fairly quickly either way. A nearly-three year vacancy is theoretically possible, but politically is a near-impossibility.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-70206160767895622702010-04-07T14:13:54.760-04:002010-04-07T14:13:54.760-04:00WriterX: Hugo Chavez, indeed! A wise Latino male...WriterX: Hugo Chavez, indeed! A wise Latino male to balance Red Sonia. LOLLawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-21573783696027067022010-04-07T11:48:14.444-04:002010-04-07T11:48:14.444-04:00LawHawk,
What would happen if Stevens retires and...LawHawk,<br /><br />What would happen if Stevens retires and the Senate does not confirm a new justice until 2013?Joel Farnhamhttps://www.blogger.com/profile/15856960977033430002noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-70531158332565335942010-04-07T11:01:28.701-04:002010-04-07T11:01:28.701-04:00I half-expect Obama to nominate Hugo Chavez to the...I half-expect Obama to nominate Hugo Chavez to the vacant post. Great read, LawHawk.Writer Xhttps://www.blogger.com/profile/16505411188186283813noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-62411224819075155582010-04-06T18:47:37.346-04:002010-04-06T18:47:37.346-04:00CrisD: There is definitely a control-freak elemen...CrisD: There is definitely a control-freak element to Steven's personality. I sometimes think he concentrates on the minutiae so that he doesn't have to address the big issues. And whether I like it or not, he's in much better shape physically and mentally than the only Justice who was on the high bench longer-- William O. Douglas. <br /><br />I think my capacity for wishful thinking affects my hope that it's Sunstein. He could be the first moderate nominee who got on the bench and surprised everybody by turning <i>right</i>. Up until now, the entire history has proven that a "moderate is a liberal in training." All have turned left as they "grew in office." I'd like to think Sunstein could be the first exception. But on the other hand, I believe in the Easter Bunny.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-59739136000613713482010-04-06T18:26:33.201-04:002010-04-06T18:26:33.201-04:00I know this sounds age-ist but Good Lord Justice S...I know this sounds age-ist but Good Lord Justice Stevens is old. I don't know ANY of my brilliant older relatives (yes!! I have them!!) who would have been able to serve well on the supreme court at that age! It gives me second thoughts about putting old people who are probably know-it-alls lifetime ability to screw us three ways to Sunday!<br />That being said---( I'm so bad!! but seriously, I read your bio of him and he sounds like a crank control freak edging us toward athiest socialism)I will hope for Sunstein and cry bloody murder at Koh!CrisDnoreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-23750222347311704522010-04-06T16:29:49.882-04:002010-04-06T16:29:49.882-04:00Patti: I froth very well. I also warn anyone who...Patti: I froth very well. I also warn anyone who might get near me that when I'm in full-blown angry lecture mode, my kids and my con law students called me "Niagra Falls." A safe distance is about three feet, or bring a towel.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-64327978717414443442010-04-06T15:29:55.607-04:002010-04-06T15:29:55.607-04:00law: can't wait for the hysterical frothing! i...law: can't wait for the hysterical frothing! it's like speakin' mah language...pattihttp://www.notawonk.comnoreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-7156829625234131292010-04-06T13:22:47.652-04:002010-04-06T13:22:47.652-04:00Andrew: You're probably picking the genuine f...Andrew: You're probably picking the genuine front-runner. I'm known for shoveling sand against the tide. Wood wouldn't have much effect on abortion rights, but if Obama gets his comprehensive [amnesty] immigration plan through, she is a broad-brush liberal and would not look at the legal minutiae of the bill the way Stevens would. That could make a big difference if the issue should ever come before the Supreme Court.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-13175371817045955942010-04-06T13:00:43.681-04:002010-04-06T13:00:43.681-04:00Lawhawk, I'm thinking Wood because she should ...Lawhawk, I'm thinking Wood because she should get through with no problems and I don't think he has the political capital right now for a fight. The Senate "moderates" are going to freak out if they are now asked to defend a far left candidate.<br /><br />In any event, I'm not worried about the court because he's replacing one of the key liberals, so almost anything will be a move to the right -- barring Sunstein.AndrewPricehttps://www.blogger.com/profile/11312364467936820986noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-10195920144642855472010-04-06T12:49:33.042-04:002010-04-06T12:49:33.042-04:00Patti: That has long been the problem with Suprem...Patti: That has long been the problem with Supreme Court nominees. With some notable exceptions, there is generally a little buzz, followed by some posturing in the Senate, and the nominee is confirmed. Even savvy political followers like you are often mystified by what these potential jurists stand for. This was just my best attempt to remove a little of the fog surrounding the current front-runners. <br /><br />Given Obama's messianic zeal for "fundamentally transforming" America, there is no such thing as an unimportant nominee to the Supreme Court. But I'm not going to get hysterical--yet. It is unlikely that any of the front-runners would make much difference, with the possible exception of Koh. I'll reserve my best frothing-at-the-mouth for the nominee for the third opening, if America should be so unlucky and so foolish as to allow Obama to stick around long enough to get that choice.LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-13631765336759413422010-04-06T12:38:09.282-04:002010-04-06T12:38:09.282-04:00Andrew: As I mentioned in the article, Wood and K...Andrew: As I mentioned in the article, Wood and Kagan are the ones the pundits are putting their money on. Merrick would upset his base on the left. <br /><br />I just have that gut feeling about it being Sunstein. I know that I'm very much in the minority on that. Obama and Sunstein were colleagues at the U of Chicago as well, but Obama was known for being very close to Wood. <br /><br />One nice thing about picking longshots--people have already laughed at you, so when you turn out to be wrong, they just shrug their shoulders. But when you turn out to be right, you're a prophet. LOLLawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-65204660617542592182010-04-06T12:16:56.666-04:002010-04-06T12:16:56.666-04:00StanH: That would be the most interesting choice....StanH: That would be the most interesting choice. Obama is just arrogant enough to try it, I just don't think he will. But who knows?LawHawkRFDhttps://www.blogger.com/profile/17800255923675295515noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-67759873124925751022010-04-06T11:43:56.100-04:002010-04-06T11:43:56.100-04:00this is where it really pays for me to know you gu...this is where it really pays for me to know you guys. i have no frickin' clue when it comes to possible noms, not to be confused with NOMS, so i rely on your legal expertise. as we all know with bar, think of the ridiculous and then multiply by the deficit then you'll have an inkling of what he plans to do to us...pattihttp://www.notawonk.comnoreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-49884171936932054862010-04-06T10:07:42.719-04:002010-04-06T10:07:42.719-04:00Right now they're saying that he's likely ...Right now they're saying that he's likely to choose either Elena Kagan, Seventh Circuit Appeals Court Judge Diane Wood, or D.C. Circuit Appeals Court Judge Merrick Garland.<br /><br />Both Wood and Obama taught at the U of Chicago, so I'm betting it's going to be Wood. She's also someone who apparently the Republicans won't try to filibuster -- and Kyl promised to filibuster any far left nominee yesterday. The left is apparently very concerned that he'll pick Merrick.<br /><br />It should be interesting.AndrewPricehttps://www.blogger.com/profile/11312364467936820986noreply@blogger.comtag:blogger.com,1999:blog-4425587034622601550.post-84187577542700957462010-04-06T09:23:59.073-04:002010-04-06T09:23:59.073-04:00Great read! From your above choices and knowing Ba...Great read! From your above choices and knowing Barry, it’s gonna be Koh. This man is into destruction.StanHhttps://www.blogger.com/profile/07395708786509590321noreply@blogger.com