Breyer to retire
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Seen on Twitter:
"The main character of the last show you watched has been nominated to the Supreme Court."
Well...
We have the freedom to choose our actions, but we do not get to choose our consequences.
Yes, there are two paths you can go by, but in the long run, there's still time to change the road you're on. -
@jon-nyc I'd forgotten about Trump's pledge, but not the others.
Continuing about the GOP blocking the nomination via procedures path (see "inside baseball" - above).
Nope:
"Motion to discharge" requires a simple majority.
But it's interesting what happens when the senate is tied - does the VEEP have a say?
There seems to be a difference of opinion.
The Dersh: https://www.newsweek.com/can-vice-president-break-tie-supreme-court-confirmation-opinion-1533563
Never in our history has a Supreme Court nomination been confirmed by an equally divided vote among U.S. senators, with the vice president breaking the tie. But if one more Republican senator decides to vote no on President Donald Trump’s nominee—whoever she may be—we may face that situation. Did the Framers of our Constitution consider such a result? Several provisions and statements of the Framers cast light on this question.
There are three provisions of the Constitution that are most relevant. Article 2 empowers the president to “nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges of the Supreme Court.” Article 1 provides that “The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.” Article 1 also states that “Each house may determine the Rules of its Proceedings.”
It is clear, therefore, that in voting on proposed statutes, the vice president is authorized to cast a tie-breaking vote. But did the Framers intend the same rule to apply when the president is seeking the advice and consent of senators to a judicial nomination? We can’t know for certain, because the Constitution and Federalist Papers focus on the vice president’s role in breaking ties over legislation, not confirmation.
Lawrence Tribe: https://archive.is/qPnVS
While the vice president has the power to cast a tiebreaking vote to pass a bill, the Constitution does not give him the power to break ties when it comes to the Senate’s “Advice and Consent” role in approving presidential appointments to the Supreme Court.
You don’t have to take my word for it. Alexander Hamilton said the same thing way back in 1788, in Federalist No. 69: “In the national government, if the Senate should be divided, no appointment could be made.” Hamilton contrasted that rule with how appointments worked back then in his home state of New York, where the governor actually did have the power to break ties to confirm nominations to New York state offices.
Consistent with Hamilton’s understanding, as two thoughtful recent scholarly analyses have pointed out, no vice president in our history has ever cast a tiebreaking vote to confirm an appointment to the Supreme Court. If Pence tried to cast the deciding vote to confirm Trump’s nomination to replace Justice Ruth Bader Ginsburg, who died last week at age 87, it would be the first time that has ever happened. That should matter to everyone — it certainly matters (or used to matter) to “originalists,” who emphasize the importance of history when interpreting our Constitution.
I doubt it'll come to that, with Collins being the 51st vote.
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@improviso said in Breyer to retire:
@george-k said in Breyer to retire:
Well...
You can’t send him to Washington. He’d be exhausted.
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@improviso said in Breyer to retire:
@george-k said in Breyer to retire:
Well...
You can’t send him to Washington. He’d be exhausted.
@mik said in Breyer to retire:
You can’t send him to Washington. He’d be exhausted.
And, if you watched the mini-series, you'd know he's unavailable.
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@mik said in Breyer to retire:
You can’t send him to Washington. He’d be exhausted.
And, if you watched the mini-series, you'd know he's unavailable.
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Only non-witches get due process.
- Cotton Mather, Salem Massachusetts, 1692
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The Brad
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@jon-nyc said in Breyer to retire:
quota-based diversity
Yes, another black justice will make 22% of the court black
Only 12% of the country is black, 22% appears to be too many justices of color
But wait, you are doing the wrong math. There have 114 Supremes, and only 2 black. There is a long way to go.
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@jon-nyc said in Breyer to retire:
@lufins-dad said in Breyer to retire:
Did you read the replies?
I try not to.
Pseudo-Intellectuals trying to explain how it’s justified because the black history and experience is SOOOOOO different than anywhere else or any other people in history.
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@lufins-dad said in Breyer to retire:
judge that got the position at least in part because she is a black female be on the
A Black woman? Ketanji Brown Jackson.
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@lufins-dad said in Breyer to retire:
judge that got the position at least in part because she is a black female be on the
A Black woman? Ketanji Brown Jackson.
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@lufins-dad said in Breyer to retire:
judge that got the position at least in part because she is a black female be on the
A Black woman? Ketanji Brown Jackson.
@ivorythumper said in Breyer to retire:
@lufins-dad said in Breyer to retire:
judge that got the position at least in part because she is a black female be on the
A Black woman? Ketanji Brown Jackson.
A graduate ofHarvard and Harvard Law? I wonder if she will recuse herself from the case?
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@lufins-dad said in Breyer to retire:
Ketanji Brown Jackson.
Wiki lists all the mock trials she participated in with the Shakespeare company and none of what she has heard in her 7 months at the appellate level.
I'm not saying she isn't qualified, but I haven't found much yet to say she is. To be continued.
