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3/18/2016 10:38 am  #21


Re: Obama nominates Merrick Garland for Supreme Court

Common Sense wrote:

I posted this before but it fits perfectly into this thread!

White House: Obama 'regrets' decision to filibuster Supreme Court Justice Alito

 

There is a "HUGE" difference - Alito got his day before Congress and there NEVER WAS a FILIBUSTER ! 

We will see how this contrasts with the current GOP shenanigans on the same issue after all is said and done.
 


 

Last edited by tennyson (3/18/2016 10:41 am)


"Do not confuse motion and progress, A rocking horse keeps moving but does not make any progress"
 
 

3/18/2016 3:10 pm  #22


Re: Obama nominates Merrick Garland for Supreme Court

It seems republican voters have voiced their opinion on the nomination.

Will the republicans in Washington that they elected listen to them?

http://news.yahoo.com/even-republican-voters-want-gop-162300417.html

Or not . . . I'll say they won't let the voters' opinions get in the way of their partisan politics.

     Thread Starter
 

3/18/2016 6:14 pm  #23


Re: Obama nominates Merrick Garland for Supreme Court

I'll say they won't let the voters' opinions get in the way of their partisan politics ....... and thus, the 9% approval rating.  But, no big deal because every one of them has a 90+ % chance of getting re-elected.

 

3/23/2016 9:22 am  #24


Re: Obama nominates Merrick Garland for Supreme Court

Do you think Mitch McConnell is being insincere in his reasoning behind blocking any nomination to the Supreme Court? The Miami Herald editorial board sure thinks so:


Sen. McConnell is a liar — and not a very good one, at that

A few words about the pious insincerity of Mitch McConnell.

As you are no doubt aware, McConnell, the Senate majority leader, announced on the very day that Supreme Court Justice Antonin Scalia died that he would refuse to hold hearings on any replacement nominated by President Obama. McConnell’s “reasoning,” if you want to grace it with that word, was that since the president has less than a year left in his term, the appointment should be made by whomever the American people choose as his successor.

Last week, after Obama fulfilled his constitutional duty by nominating respected federal judge Merrick Garland to the post, McConnell renewed his refusal. “The Biden rule,” he said, “reminds us that the decision the Senate announced weeks ago remains about a principle and not a person. It seems clear that President Obama made this nomination not with the intent of seeing the nominee confirmed, but in order to politicize it for purposes of the election.”

President Obama nominated Chief Judge Merrick Garland of the United States Court of Appeals for the District of Columbia Circuit to the U.S. Supreme Court. He called Garland "one of America's sharpest legal minds." Garland is Obama's pick to fill the vacant seat left after Justice Antonin Scalia died.

The American people, added McConnell, should have a say in this. “So let’s give them a voice. Let’s let the American people decide.”

There are four lies here, each more threadbare and cynical than the last:

1. The Biden rule? There is no such thing. There is only an opinion Vice President Biden expressed 24 years ago as chairman of the Senate Judiciary Committee, that if a vacancy opened on the top court during convention season — which is still several months off — the president should “consider” not nominating a replacement until after the election. It bears repeating: Biden never said the president should not nominate or the Senate should not vote; he only suggested waiting until “after the election” to do so.

2. It’s the president who’s politicizing this? In psychology, that’s known as “projecting.” Around the way, it’s known as the pot calling the kettle black.

3, “A principle and not a person?” No, it’s about a person — the same person, the president — toward whom McConnell and his party have expressed such unremitting disrespect the last seven years.

4. The voice of the people? The people have already spoken — twice — in elections that were not close. For that matter, they are still speaking. A recent Washington Post/ABC News poll says 63 percent of us want the Senate to hold hearings and vote.

McConnell should just claim he’s too busy arranging his sock drawer. That would be more credible than the excuses he’s given.

The quality of a lie is a direct reflection of the respect the liar has for the person being lied to.

That will seem counter intuitive, but consider: You put effort into a lie, work to make it plausible, credible, believable, when you have regard for the recipient, when his good opinion matters or his discovery of the truth would be disastrous.

That being the case, what does it suggest when you put as little effort into a lie as McConnell has?

Indeed, while he has been roundly condemned for disrespecting the president, let’s spare some outrage for the way he is also disrespecting us. Not just in failing to do his job, but also in offering such a transparently dishonest rationale for it.

He knows he’s lying, you know he’s lying and he knows you know he’s lying. But you get the sense he doesn’t care. Why should he? Those who need to believe there’s a noble principle behind this obstructionism will be willingly gulled. As to the rest of us, so what?

That’s not statesmanship. It is not even politics. It’s just contempt — and not only for the president. If we cannot count on McConnell and his party to do the country’s business and behave in a manner befitting serious people in positions of responsibility, perhaps it’s not too much to ask that they at least spare us that.

Tell better lies next time.


http://www.miamiherald.com/opinion/op-ed/article67628897.html?ref=yfp

Last edited by Rongone (3/23/2016 9:23 am)

     Thread Starter
 

3/28/2016 7:04 pm  #25


Re: Obama nominates Merrick Garland for Supreme Court

Uh-oh . . . More trouble for republicans and the NRA's opposition to the Merrick Garland appointment to the Supreme Court.


The NRA’s Case Against Merrick Garland Just Got Super Awkward

Spend enough time among Senate Republicans, and you’ll start to think that Miguel Estrada died for our sins.

Estrada is a conservative litigator who President George W. Bush unsuccessfully nominated to a seat on the United States Court of Appeals for the District of Columbia Circuit, the same court where Supreme Court nominee Merrick Garland currently sits. Nearly thirteen years after Estrada withdrew his nomination to this court, he ranks second only to failed Supreme Court nominee Robert Bork in the pantheon of conservative judicial martyrs. During Justice Sonia Sotomayor’s confirmation hearing, Senate Republicans repeatedly raised their ill-feelings over Estrada’s failed nomination. During Justice Elena Kagan’s hearing, Sen. Lindsey Graham (R-SC) rather skillfully maneuvered Kagan into praising Estrada’s qualifications to sit on the Supreme Court.

One of the Senate GOP’s top allies, however, can’t be too happy with Mr. Estrada right now. In an interview with National Public Radio’s Nina Totenberg, Estrada rejects a central prong of the National Rifle Association’s case against Garland as “thin to non-existent.” Indeed, Estrada’s view of Garland’s record closely tracks ThinkProgress’ own reporting on the same subject.

In 2007, two conservative members of a three-judge panel struck down the District of Columbia’s strict handgun laws. The District then asked the full DC Circuit to reconsider this case, and Garland was one of four votes to do so. Another was Judge A. Raymond Randolph, a very conservative George H.W. Bush appointee.

The NRA claims that Garland’s decision to cast the same vote as Randolph helps mark the Supreme Court nominee as someone who “does not support the Second Amendment.” That’s pure applesauce, according to Estrada:

Estrada explains that “the rules say that the full court may wish to rehear the case itself when the case raises a question, and I quote, ‘of exceptional importance.’ ”

The gun rights case certainly was of exceptional importance, he said, since no court of appeals had ever before ruled that there was an individual right to own a gun. Ultimately, Estrada notes, the Supreme Court, too, thought the case was of exceptional importance, since it agreed to review the lower court decision and, in a landmark opinion, sustained it.

In a previous interview with CBS’ Face The Nation, Estrada also described Garland as “astronomically qualified” and said that he “should be confirmed.”

Estrada is not the only leading conservative lawyer to praise Judge Garland, moreover. Charles Cooper is a former Reagan administration lawyer who is probably best known for defending California’s anti-gay Proposition 8 before the Supreme Court. One of Cooper’s past clients is the NRA.

Yet Cooper is also a big fan of Garland’s. In a 1995 letter to the Senate Judiciary Committee, penned while Garland was awaiting confirmation to his current seat on the DC Circuit, Cooper wrote that “not only is Merrick enormously gifted intellectually, but he is thoughtful as well, for he respects other points of view and fairly and honestly assesses the merits of all sides of an issue.” Cooper concluded that “Merrick Garland will be among President Clinton’s very best judicial appointments.”

Nearly two decades later, Cooper told the Washington Post that his “high opinion of Judge Garland has not changed — indeed, it has only strengthened — over the course of the 19 years since I wrote these words.” It is worth noting though that Cooper also says that it is “entirely within the Senate’s constitutional power to defer action on the vacancy until a new president is inaugurated in January 2017.”

Senate Majority Leader Mitch McConnell (R-KY), however, has strongly hinted that he could try to maintain the blockade against Supreme Court confirmations long after the next president takes office. Indeed, in one interview, McConnell suggested that he might refuse to confirm anyone who is opposed by the NRA.

McConnell appears willing to maintain this blockade, moreover, even if the NRA’s case against a nominee is “thin to non-existent.”

Last edited by Rongone (3/28/2016 7:05 pm)

     Thread Starter
 

4/09/2016 2:17 pm  #26


Re: Obama nominates Merrick Garland for Supreme Court

Here is Senator Toomey's response to my letter questioning why he initially refused to meet with Judge Garland or take any action on this nomination. From my perspective, this was merely the filing cabinet approved political paper on the party position. I followed up on his response with my reply which follows his letter.


Dear Mr.
Thank you for contacting me about the Supreme Court. I appreciate hearing from you.
As you know, Supreme Court Justice Antonin Scalia passed away on February 13, 2016. He was a great public servant, principled jurist, and tireless defender of the Constitution. My prayers are with Justice Scalia's family during these difficult times.
With Justice Scalia's passing, there has been much discussion about how the nomination process for this vacancy should be addressed. For me, I have long believed that objective qualifications, character, and adherence to the rule of law matter more than ideology in evaluating judicial nominees. Accordingly, during my five years in the Senate, I have worked across the aisle with Senator Bob Casey and the Obama White House to fill 16 vacancies on the federal bench in Pennsylvania-14 on district courts and two on the court of appeals. Only two other states-California and New York-have had more vacancies filled during this time. I also have voted to confirm over 100 of President Obama's judicial nominees, and I supported the confirmation of Justice Sonia Sotomayor to the Supreme Court.
The current vacancy on the Supreme Court, however, presents an unusual situation. In the final year of a presidency, it is extremely rare for vacancies that arise on the Supreme Court to be filled. In fact, the last time such a vacancy was filled was 1932. The vacancy created by Justice Scalia's passing is especially sensitive because it will fundamentally affect the balance of the Supreme Court for a generation or more.
Given that we are already well into the presidential election process and that the Supreme Court appointment is for a lifetime, it makes sense to give the American people a more direct say in this critical decision. I believe that the next court appointment should be made after the upcoming elections by the next president. If that new president is not a member of my party, I will take the same objective, non-partisan approach to that nominee as I have always done.
Under the Constitution, the power to appoint federal judges is a shared one. The Constitution vests the president with the power to nominate judges, and President Obama certainly has the authority to nominate someone to the Supreme Court. The Constitution vests the Senate with the power to grant or withhold its consent to a nomination. It does not require the Senate to provide any particular process or follow any particular timeframe when considering a nominee. In fact, Vice President Joe Biden and other prominent Democrats have argued that the Senate should exercise its constitutional power to withhold consent for Supreme Court nominations made during presidential election years, and that such nominees should not be confirmed by the Senate or receive a hearing. I believe this approach is as sensible now as it has been during previous presidential elections.
On March 16, 2016, President Obama nominated Judge Merrick Garland to serve as an associate justice of the Supreme Court. The White House's team asked if I would meet with Judge Merrick Garland, and I have agreed to do so out of courtesy and respect for both the President and the judge.
Thank you again for your correspondence. Please do not hesitate to contact me in the future if I can be of assistance.

Pat Toomey
U.S. Senator, Pennsylvania



My reply to his above letter:


Mr. Toomey,

Your response is basically your party approved partisan rhetoric.

Exactly how long does it take for a person of your vast resources to objectively "consider qualifications, character, and adherence to the rule of law" of a nominee? If, as you contend, those characteristics are more important than "ideology in evaluating judicial nominees" the consideration of Judge Garland's nomination and his qualifications for performing the prescribed duties should be more than a "courtesy" meeting on your part.

The judicial branch of the federal government is supposed to be free of and above petty partisan politics. The antics employed by republicans to ignore their constitutional duties have already resulted in 4 - 4 ties in SCOTUS decisions. The excuses for not properly handling this nomination are constitutionally weak or non-existent. Once again, I implore you to put politics aside and engage in collaboration, cooperation, and compromise to perform your duties for the benefit of the majority of Americans. In this particular case it is clear that the vast majority of Americans, regardless of party affiliation, expect their elected representatives to do their jobs, consider the nomination and vote on Judge Garland's appointment ASAP. If you do nothing, it is at your own peril with your re-election looming. With this type of inaction accompanied by purely partisan political rhetoric that earns you and your colleagues an approval rating of less than 12%.

I am a registered independent, veteran of the U.S. Navy, and retired small businessman.

Last edited by Rongone (4/09/2016 2:19 pm)

     Thread Starter
 

4/09/2016 3:38 pm  #27


Re: Obama nominates Merrick Garland for Supreme Court

Thanks for taking the time for posting his bland letter and your response to it.  As many of us already are aware,  what a  waste of time it is to contact our legislators and how little weight out letters to them matter.  At least you tried, Rongone.

 

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