All Change

The Daily Caller reminds us of a time when there was a possibility that the next Presidential nominee to the Supreme Court could tilt the balance in a way that alarmed the opposition party. From their link to what is now ancient history at Politico, here is Amy Schumer's cousin in 2007:

Schumer to fight new Bush high court picks

By Carrie Budoff Brown  07/27/07 05:33 PM EDT

 

New York Sen. Charles E. Schumer, a powerful member of the Democratic leadership, said Friday the Senate should not confirm another U.S. Supreme Court nominee under President Bush “except in extraordinary circumstances.”

 

“We should reverse the presumption of confirmation,” Schumer told the American Constitution Society convention in Washington. “The Supreme Court is dangerously out of balance. We cannot afford to see Justice Stevens replaced by another Roberts, or Justice Ginsburg by another Alito.”

 

And some words of wisdom from wily old Chuck that will also be expunged:

Schumer said there were four lessons to be learned from Alito and Roberts: Confirmation hearings are meaningless, a nominee’s record should be weighed more heavily than rhetoric, “ideology matters” and “take the president at his word.”

“When a president says he wants to nominate justices in the mold of [Antonin] Scalia and [Clarence] Thomas,” Schumer said, “believe him.

But whatever Obama says will be fine.

Comments

[Jane]

Scalia found with a pillow over his face; did not have a heart attack. Who would want him dead?

OK that is my only conspiracy for this year.

Oh and First (I think)

[Comanche Voter]

Chuck You Schumer is worse than pond scum.

[henry]

The LIVs in the press will never notice.

[Threadkiller]

Who would want him dead?

Last week, I had the occasion to cross paths with “revered” Supreme Court Justice Antonin Scalia. Scalia has been for many years the darling of conservatives, a judge who they believed had the guts to enforce the Rule of Law and the Constitution in the face of corrosive influences, foreign and domestic. I took the occasion to ask him a simple question, one he would be able to answer. I asked the “constitutionalist” Scalia what he believed to be the definition of “natural born citizen,”...

 ...Looking like a deer in the headlights and stuttering sheepishly, Justice Scalia responded, “I don’t know. Isn’t a natural born citizen a person born in this country?”

http://mobile.wnd.com/2012/08/scalia-flummoxed-about-natural-born-citizenship/

That narrows down the suspects. Croaking in Texas narrows it down even more.

[I do not subscribe to this notion at all, I am only showing Jane how conspiracies theories get going]

[Ignatz Ratzkiwatzki]

I have learned through painful experience that the law, like many areas, is so vast that a layman can after some diligent study become more expert in areas than practitioners of the law who do not specialize in that area.
What we layman have a much harder time with is legal procedure and legal theory.
That's not really a criticism of lawyers. It's just simple reality in an age when lawyers have to specialize just to stay current with their narrow field.
SC justices are certainly less than conversant with many of the issues before them without plenty of research.
Where the law and common sense coincide there is a form of parity or at least common ground.
It is where the law enters its own world of hearsay rules and the hundreds of other arcane and perhaps necessary convolutions that lawyers earn their dough.
Whether that arcane world exists out of necessity or to ensure they continue to earn their dough I'll leave up to others to decide. :)
All of which is to say it doesn't surprise me one whit that Scalia hadn't any deep thoughts on NBC. Why should he? It had never come before him that I know of.

[Threadkiller]

I'm not surprised either.

[Clarice]

Wise observation, Iggy. It doesn't help that most articles about important decisions are written only in support of or against the outcome without regard to why the Ct did what it did.

[Miss Marple]

Clarice,

I remember Mark Levin going nutso on Fox because he felt that the Florida recount case was being taken to the court under the wrong theory (equal protection, I believe). I forget what he thought the case should have been based on, but he absolutely guaranteed that the Bush legal team would lose.

They, didn't, of course. I bring this up to point out that even when lawyers are on the same side theycan have severe differences about how to proceed.

That of course, was the same case in which the crack reporters Rita Cosby and Paula Zahn came out and read the DISSENT rather than the opinion, and Brit had to send Steve Centani out to explain things.

I am pretty sure that contributed to me having to take blood pressure pills.

[lyle]

Per PJM, Precious is not going to make a recess appt. We'll see...

[_peter]

We have five states signed up for the Article V, just 28 to go, and I would love to see some term limits amendments, esp. on the SCOTUS. 14 years would seem to be reasonable IMHO.

[_peter]

I see that the Dutch have opened up the world's first poop bank for transplants, would infecation be the neologism for the procedure? Or refecation? Or just fecation?

[Porchlight]

It sounds like Zero is going to nominate someone during the regular session and dare McConnell to defy him.

[caro]

This SNL opening is pretty funny.

https://pjmedia.com/election/2016/02/14/watch-hillary-sings-a-sad-song-for-voters-wooed-by-bernie/

[Old Lurker]

Just words from a lying rope a dope punk until the recess has ended.

[What kind of President is he?]

Heh, Porch, so he's not going to ask them nicely for their advice, and abide cheerfully if they fail to consent?

[Thomas Collins]

Porchlight, it makes sense that Obama would nominate someone with the expectation that the Senate wouldn't hold hearings, and then try to make political hay out of the Senate putting the nomination on ice. My guess is Loretta Lynch. I seriously doubt it would be an of pallor male or of pallor female. A South Asian male would be more likely than an of pallor female. Obama will want to nominate someone who would be the first this or that diversity if confirmed. Of course, Janice Rogers Brown would be the first AA female if nominated and confirmed, but that type of diversity, an AA female who doesn't carry the prog water, is a no-no in Obama land.

[Old Lurker]

Porch, the logic of waiting is that he can fire up the FSA base for the election. The same would hold for "our side", and so the election could be cast as a winner takes all consensus battle on the direction of the country.

I'm not sure the Progs would want that, yet, though I'm not sure about it.

[Miss Marple]

The way to figure out what he would do is to ask yourself, "What would be the worst thing for the country?" That's what he will do.

Personally, I think he will pick a real commie and maybe a Muslim and nominate at the very end of the recess.

[Thomas Collins]

The other approach would be for Obama to cut a deal with Senate RINOs on a "moderate conservative" who would no doubt "evolve" when on SCOTUS.

[Old Lurker]

I got a bridge right here for you TC. Bring your checkbook.

[Thomas Collins]

I could only afford a small Lego bridge, OL. :-))

[Old Lurker]

:-)

[Pagar a bacon, ham and sausage supporter]

MM@11:54 Agree 100%!

[Thomas Collins]

In any event, in the GOP race, I think Cruz is the main beneficiary of Justice Scalia's death, and Trump is hurt the most.

[DublinDaveForever]

****BREAKING NEWS*****SCALIA'S AUTOPSY REVEALS JUSTICE HAD A SMALL PIECE OF GARLIC BREAD INSERTED IN HIS RIGHT NOSTRIL*****NOT CLEAR IF THIS WAS FOUL PLAY******FBI INVESTIGATING AND RUNNING MORE TESTS ON GARLIC BREAD******GARLIC BREAD MANUFACTURERS RUSHING TO DENY BREAD BELONGS TO THEM*****

[Clarice]

TC, much as i love you, I find you a reverse bellwether.Don't feel badly about that--on directions my family counts on me being always 180 degrees off and that works well for us.

[jimmyk on iPhone]

"In any event, in the GOP race, I think Cruz is the main beneficiary of Justice Scalia's death, and Trump is hurt the most."

Oh, so now you're suggesting Cruz knocked off Scalia??!!

Seriously, I don't think Scalia's death makes a Hillay indictment less likely. If she continues to stumble, Barry and ValJar may want to nudge her over the cliff. Especially if Trump flounders and it looks like the Rs might nominate a stronger candidate.

[rich@gmu]

Posted by: Miss Marple | February 15, 2016 at 11:54 AM

That is what I was thinking reading all the back and forth. and Pagar too!

Yay snow!

[James D.]

TC's approach actually makes sense for Zero. If it worked, it would blow up the GOP for good - can you imagine the reaction of conservatives to that?

If there's anything that would depress R turnout more than the Senate cutting a deal with Zero to give him his choice on an SC pick, I can't imagine what it would be.

[Miss Marple]

JamesD.,

You are looking at this through the lense of reason.

Try looking at it through the lense of someone who hates the country, hates white people, hates Christians and Jews, and wants to create maximum chaos and maybe inspire riots.

Muslim and Marxist, in some combination, before the recess is over.

[Old Lurker]

Don't forget cocktails at 6pm, MM, this being your first full day out here on the Ledge. Lyle FedEx'd in some wine just for you.

[Miss Marple]

Why thank you, OL. Can we see the smoke rising from the rubble from your viewpoint?

Do I need to bring a covered dish?

[henry]

meanwhile vlad is eliminating Syrian Hospitals, especially those associated with Medicines Sans Fronteres.

[Appalled]

The advent of Trump has me reading a lot of H.L. Mencken and Sinclair Lewis right now. I don't know if I am relieved or troubled that it does not seem all that applicable.

But one benefit -- Mencken did not delight in the world, but he did delight in the use of language, and you do get some phrases of general applicability that begs to be used on someone. Today's pairing of phrases can be applied to some Trumpian debate closing statement, or many a deluded blogger's posting:

"A farrago of snufflining, pecksniffian nonsense. The vaporings of a bombastic vacuum with a messianic delusion."

Use with care -- remember that D. Dave not worth the use of such majestic language. Trump -- who I think would require Charles Dickens, rather than Sinclair Lewis (who is more about the perceived failings of the mob) among the fiction writers -- could use a liberal sprinkling of HLM.

[Old Lurker]

Yes, we have a nice view from the Ledge.

And our food requirements are all catered, so no need for a covered dish from new arrivals.

[Miss Marple]

Excellent, OL!

One thing about you, your ledge is well-stocked and elegant.

Now I must go back to work as the Fred Sanford of Greenwood.

BBL.

[Old Lurker]

MM, so was the Titanic, but I am still hoping to hire the string quartet so that we can duplicate the setting.

[DebinNC]

McConnell won't return the best digs to Harry willingly. He's a lot more cut-throat and savvy than he gets credit for here imo. And, thankfully, McConnell's not a lightening rod that Dems can demonize easily, as I bet most Americans have never heard of him.

[Appalled]

The GOPe, as often depicted in these precincts, sounds like a bunch of nerd boys trying to get a pledge from the cool frat. They really aren't that way. They are just another group of power hungry types trying to hold on to their power and get more.

A swing of the Court to its liberal wing is going to decimate the GOPe as much as average America. They won't let that power go easily. Not unless they get something in return, and I doubt the DemocratE has any interest in giving the GOPe anything.

[jimmyk]

Even though it's a sad occasion, I'm enjoying some of the Scalia anecdotes. This one (via Landsburg) is from Ted Cruz's book:

This took place in 1986, when the departure of Warren Burger had created a vacancy on the Supreme Court, and it was clear that attorney general Ed Meese would be President Reagan’s most influential advisor on choosing a nominee. According to Cruz:

Everyone knew that two of the stars on the conservative side, and thus possible nominees, were Robert Bork and Scalia, both on the D.C. Circuit. So one day Scalia was walking in a parking garage at the appellate court when two U.S. marshals stopped him. “Sorry, sir,” one of them said. “We’re holding this elevator for the attorney general of the United States.”

Scalia pushed past them, entered the elevator, and pressed a button. As the doors closed, Scalia shouted out, “You tell Ed Meese that Bob Bork doesn’t wait for anyone!”

[Thomas Collins]

Ha ha! I thought no one remembered my predictions, but clarice does! Well, take this, clarice! Did you pick Broncos over Pats!?!? :-)

But seriously, my prediction is not that Obama will be able to cut a deal with the RINOs. I follow the crowd's prediction on this one: Obama will nominate a lefty and try to make hay. But, like James D, I think if Obama could make a deal with the RINOs, it would be a big win.

My favorite conspiracy theory so far, jimmyk, is that Leonard Nimoy, who faked his own death, is behind Scalia's death. Something to do with the Illuminati.

[Beasts of England]

Thanks for sharing that, jimmyk.

[jimmyk]

if Obama could make a deal with the RINOs, it would be a big win.

Even Kelly Ayotte has said they should wait till next year. On the other hand, given doubts about the election outcome (both the presidency and control of the Senate), if Barry were to nominate a genuine moderate, it might make sense at least to consider it. I would still push for blocking anyone but a genuine conservative.

[Jane]

So OL, do you have heaters on your ledge?

[new lurker]

Who is anybody here trying to kid? McConnell said recently that he would not try to thwart anything Obama tried to do until after the election. IE The Repubs will fold, IMO. Very, very sad.

[glasater]

Don't think McConnell will walk back anything he's said, nl. I have Rick Ballard's faith in him.. ;-)

[Appalled]

nl:

What's in folding for Mitch? Also, are you aware of his record in slowing down and stopping appointments? Harry Reid killed the filibuster over appointments -- and Mitch really valued the filibuster.

[new lurker]

Appalled, "Working with the other side." And, therefore, winning the election. IMHO.

[Porchlight]

That Scalia story is awesome, jimmyk. Will you please continue to share, with links if possible? I am having trouble keeping up.

If there's anything that would depress R turnout more than the Senate cutting a deal with Zero to give him his choice on an SC pick, I can't imagine what it would be.

This is how I see it also, James D. That's why I was encouraged by McConnell's immediate statement.

[Porchlight]

new lurker,

Think of it this way. McConnell wants to continue to be the majority leader. If squishes allow themselves to be peeled off over a nomination fight pre-election, the base will erupt and we will lose the majority.

[Porchlight]

Thought this was good from WSJ:

Scalia’s Legacy and the Court:
The Senate can honor the great Justice by refusing an election-year confirmation fight.

[Appalled]

nl:

What Porchlight said. If the GOPe did not get how angry the Conservative base was before, months of Trump & Cruz dominance has at least provided some education.

[Rick Ballard]

GLasater,

I have faith in the ability of the Great Supine Turtle to select the path which will best assure his re-election as Majority Leader.

[Cecil Turner]

2 predictions: GOP senators are not going to confirm an Obama SCOTUS pick (why should they?) . . . and the GOP will win the presidency . . . unless Trump gets the nomination or runs as an independent; then all bets are off.

[Beasts of England]

Recess Appointment Recipe

2 lbs. - hubris
3 cups - constitutional crisis
1 cup - obstructionist Republicans
1 cup - balance of the court
2 tbsp. - will of the voters
pinch - parliamentary window
dash - not who we are as a people

Incinerate at 454° Fahrenheit

[DebinNC]

Ayotte (NH), Kirk (IL), Toomey (PA). Portman (OH), Johnson (WI) and maybe more ... All R senators on the Nov. ballot in states BOzo won by 5+ pts. Rubio's senate seat is open. McConnell's job, with only an 8 R advantage including people like Lindsey and McRINO, has been a lot harder than Dingy's.

[Ignatz Ratzkiwatzki]

I have a friend here in CA originally from from Wyoming whose brother still runs the family ranch in WY.

I don't have any particular anecdotes about it, but Scalia did go on a pronghorn and mule deer hunt there a year or two ago with, I think, Elena Kagan in tow.
Said he was hugely entertaining and warm hearted.

[Porchlight]

That's great to hear, Ignatz. I had known he was close to Ginsburg but it wasn't until yesterday that I learned that he and Kagan were also good friends. Think how much they must be missing him now, even if politically they are probably excited about a new lefty colleague.

[BB Key]

TC, re your 12:04
My oldest brother is a big time Dem and a retired Superior Court Judge in NC . The first thing out of his mouth when I asked him about the coming fight, was that it helps Cruz the most

[jimmyk]

Not sure if this was posted before, but it's Ginsburg on Scalia:

http://thehill.com/blogs/blog-briefing-room/news/269458-ginsburg-on-scalia-we-were-best-buddies

[Janet S.]

Next time this guy gets invited to some Dem function/TV show or his "It Gets Better" organization gets charity money...remember this.

a tweet -

Dan Savage
✔
@fakedansavage

Dedicating the rest of this weekend's marital sodomy to the memory of Antonin Scalia.
5:33 PM - 13 Feb 2016

http://newsbusters.org/blogs/nb/kristine-marsh/2016/02/15/12-tweets-liberal-journalists-celebrating-scalias-death

[Porchlight]

Dan Savage is not a nice human being.

[Janet S.]

from Hillary's closing statement at the last debate - "...or whether it is any other American today who feels somehow put down and oppressed by racism, by sexism, by discrimination against the LGBT community, against the kind of efforts that need to be made to root out all of these barriers, that's what I want to take on."...

"But if we were to stop that tomorrow, we would still have the indifference, the negligence that we saw in Flint. We would still have racism holding people back. We would still have sexism preventing women from getting equal pay. We would still have LGBT people who get married on Saturday and get fired on Monday."....

What is with the vague "LGBT community" getting special victim status?
Their powerful organizations are some of the most ugly, ruthless, & wealthy organizations out there.

How come Dems never have to answer any questions about Dan Savage?... or Terry Bean & his Human Rights Campaign??

Where are the questions to the Dems about the whole transgender bathroom/locker room issue? That is being pushed all over America & NOBODY wants it. Where are those questions?

[Porchlight]

Thanks, jimmyk. Here's another, about Scalia's famous Thomas More hat:

https://www.thomasmoresociety.org/the-secret-behind-justice-scalias-hat/

[James D.]

In happier news (it would pretty much have to be, considering the real news of the day), the new book is finished, at least as a first draft.

It'll definitely be out on March 29th, but it's up on Amazon right now for pre-order. Tell your friends!

http://getBook.at/FindersKeepers

[glasater]

Thanks, RB @ 1:29 for clarifying my earlier obscure observation :-)

[Rick Ballard]

GLasater,

I'm hoping McConnell will announce Wednesday the Senate will open for business on Friday. The change of any Senate Rule affecting his announcement would be the first order of business with adjournment the second.

[centralcal]

Cool link, Porch. Thanks for sharing!

[mad jack]

I don't know who Mr Savage is and I'm not twitter savvy but is @fakedansavage the address he uses?

[maryrose]

I agree with Captain
McConnell will defy Obama because he really doesn't like him
Cruz does benefit
Kasich may do better than you think in SC
I like Carson but after SC and Nevada we will see
Carson got a second wind after Iowa
Don't know how long it will last
How do you guys think this would play out without Trump in it?

[Cecil Turner]

. . . is @fakedansavage the address he uses?

I spent a couple minutes google-fu-ing that point, and apparently it is.

[henry]

No Trump? Jeb! cash! wins! all!

[Porchlight]

Does that mean that if Trump wins he will have saved us from Jeb!?

[henry]

At this point, Trump has saved us from Jeb. Trump going on to win would be a different choice of doom. Right now it looks like Trump will ease Kasich in to loose as only a mailman's son can.

[mad jack]

"I spent a couple minutes google-fu-ing that point, and apparently it is"

Thanks, CT. I'd tell Mr. Savage to stick it where the sun don't shine but I that appears to be his SOP.

[Miss Marple]

I am afraid henry is right, although there still would have been the fight between Jab and Rubio, because the Jeb people think Rubio should have waited his turn.

Also, Cruz would have attacked Jeb but the anti-"outsider" fury would have brrn directed to him instead of Trump.

End result would have been Jeb as the nominee.

[lyle]

Skiied with a retired bankruptcy atty today. He's furious that there apparently won't be an autopsy on Scalia. There's a yuuuge case coming to the SC involving an Los Angeles school district and the unions (redundancy alert) and by his death it probably won't get get heard saving the union hundreds of $MILLIONS. Conspiracy now!

[Porchlight]

I think there should be an autopsy, too. But I suppose even that wouldn't put all the rumors to rest.

[Momto2]

Did I hear correctly? I thought at the end of Rush's program he stated something like, "apparently now there will be an autopsy." Did anyone else hear that?

Seems I read he was embalmed so that would seem impossible.

[Cecil Turner]

I'd tell Mr. Savage to stick it . . .

Heh. As long as you know it's wrong . . .

And although most of the dweebs at that link are forgettably insignificant, I find myself somewhat agreeing with Greenwald (at least to the point that not speaking ill of the dead shouldn't necessarily apply to politicos' policy positions) . . . because I'm certainly not going to say anything nice about a few Dem politicians I might name when they meet their timely ends.

[Jeff Dobbs]

Miss Marple:
End result would have been Jeb as the nominee.

I think Trump's presence hurt Walker more than anyone else. A low key, uber successful governor whose deeds in slaying the left in his state outshines his persona in speeches and debate performances just didn't stand a chance against the bombastic reality star.

Maybe Walker wasn't right for the times regardless of Trump - maybe it was never going to be a primary about competence and accomplishment in governing.

[Miss Marple]

Jeff,

I wasn't even thinking of Walker, was only looking at the current field.

I thin you are right about it hurting Walker.

And that goes right back to those darn debates, where the first one (where Megyn Kelly made herself the star) was full of attack questions and each candidate only got a minute or so to answer.

And the debate was mostly concentrated on Trump. Walker could hardly get a word in.

[Jane]

I don't think it would have gone to Jeb without Trump.

[Clarice]

I,agine--it Trump hadn't blown Jeb out of the running...shudder.

[Porchlight]

There were just too many damn candidates.

[MarkO]

Obama always asks just one question: Who's going to stop me? I think we should do the same.

[Cecil Turner]

Trump is taking voters from JEB now? Good grief.

Far be it from me to suggest ex post facto self-justification for supporting an obviously unsuitable candidate, but . . .

[Captain Hate]

Why can't Ass Carter get this treatment:

http://nypost.com/2016/02/14/troops-betrayed-as-army-dumps-hundreds-of-heroic-war-dogs/

[jimmyk]

Interesting chart, shows how the 4 liberal justices tend to vote more in lockstep, notwithstanding the left's smear of Thomas on that account. (May need to right-click to see the whole thing.)

[Thomas Collins]

I'm with the NY Times for once. Trump has hurt Christie and Perry the most.

http://www.nytimes.com/2015/09/15/upshot/the-candidates-donald-trump-has-hurt-the-most.html?_r=0

I haven't seen any polls on who Trump is hurting now. My sneaking suspicion is that Trump's celebrity is still stopping Cruz's operation from rapping it up, but won't for long.

[jimmyk]

There were just too many damn candidates.

A debate with that many candidates was a bonehead idea. Shocking that the RNC couldn't realize that. And that's in addition to the other bonehead move of letting the MSM or even Fox have anything to do with the debates.

[Texas Liberty Gal]

Did anyone see Trump's presser earlier today? I heard snippets from Rush & Sean about it. He was railing against Cruz calling him a liar again. Rush surmised Cruz must be surging in the polls.

[Thomas Collins]

Make that wrapping it up. Although with Cruz's theatrical skills, perhaps he could do a good job at rapping it up.

[Thomas Collins]

Rubio, Kasich and Bush are canceling each other out, Texas Liberty Gal. Carson has faded, and Trumpster, while he won't implode, will fade. Cruz will cruise to victory.

Of course, those Cruz supporters who agree with clarice that I am a solid negative bellwether are in full panic mode! :-)

[Porchlight]

Priebus really has to go.

[henry]

Fun with employment numbers for Rick from our lurking friend. "Unemployment truthers"

[Miss Marple]

Thomas Collins,

I have no idea what will happen. My grandson is still firm for Rubio. I am just watching until May, hoping I get a sign as to who to vote for.

One of my friends is off Trump because of his comments about W. Her husband (the retired biochemist) is still for Trump.

So there you go. You can't tell what will attract or repel individuals.

Foe example, I find Kasich annoying, but the Captain and I have watched him for years, while a lot of people believe his exaggerated success story in Ohio and think he's a nice guy.

[Texas Liberty Gal]

TC-I've always looked at you as a positive bellwether and continue to do so!! You've made my day!!!

[Miss Marple]

henry,

Isn't Bruce Bartlett a former WSJ guy who went off the rails a few years ago?

[henry]

Yay, I get to vote tomorrow!

No local primaries, just the State a Supreme Court primary Bradley vs Kloppenburg vs McDonald... top two advance to the April election.

Milwaukee has a primary for Mayor with three, so Barrett could lose. The thing to watch for is Donovan getting in the top two. He could beat Barrett in April.

This will be the first election since we got voter ID back... Should be fun.