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The New Coffee Room

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  3. Breyer to retire

Breyer to retire

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  • CopperC Online
    CopperC Online
    Copper
    wrote on last edited by
    #32

    You guys forgot the job requirements

    And having the right wig helps

    6b53d9dc-2038-4159-92b4-5450d564d723-image.png

    1 Reply Last reply
    • George KG George K

      @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:

      https://archive.is/ZGLIB

      "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.

      jon-nycJ Offline
      jon-nycJ Offline
      jon-nyc
      wrote on last edited by jon-nyc
      #33

      The Dersh:
      Lawrence Tribe:

      Two partisan tools that should have retired by now.

      Only non-witches get due process.

      • Cotton Mather, Salem Massachusetts, 1692
      1 Reply Last reply
      • ImprovisoI Improviso

        @george-k said in Breyer to retire:

        Well...

        dexter.jpg

        MikM Away
        MikM Away
        Mik
        wrote on last edited by Mik
        #34

        @improviso said in Breyer to retire:

        @george-k said in Breyer to retire:

        Well...

        dexter.jpg

        You can’t send him to Washington. He’d be exhausted.

        “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

        George KG 1 Reply Last reply
        • MikM Mik

          @improviso said in Breyer to retire:

          @george-k said in Breyer to retire:

          Well...

          dexter.jpg

          You can’t send him to Washington. He’d be exhausted.

          George KG Offline
          George KG Offline
          George K
          wrote on last edited by
          #35

          @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.

          "Now look here, you Baltic gas passer... " - Mik, 6/14/08

          The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

          ImprovisoI 1 Reply Last reply
          • George KG George K

            @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.

            ImprovisoI Offline
            ImprovisoI Offline
            Improviso
            wrote on last edited by
            #36

            @george-k said in Breyer to retire:

            And, if you watched the mini-series, you'd know he's unavailable.

            I'm only on season 7. Don't tell me.

            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.

            1 Reply Last reply
            • George KG Offline
              George KG Offline
              George K
              wrote on last edited by
              #37

              It's a trap!

              "Now look here, you Baltic gas passer... " - Mik, 6/14/08

              The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

              1 Reply Last reply
              • MikM Away
                MikM Away
                Mik
                wrote on last edited by
                #38

                I saw that today. Did not read it (Newsmax, y’know), but how exactly would that work? I don’t want to have to wade thru all the ED potion ads.

                “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

                1 Reply Last reply
                • jon-nycJ Offline
                  jon-nycJ Offline
                  jon-nyc
                  wrote on last edited by
                  #39

                  Only non-witches get due process.

                  • Cotton Mather, Salem Massachusetts, 1692
                  LuFins DadL CopperC 2 Replies Last reply
                  • jon-nycJ jon-nyc

                    LuFins DadL Offline
                    LuFins DadL Offline
                    LuFins Dad
                    wrote on last edited by
                    #40

                    @jon-nyc said in Breyer to retire:

                    Did you read the replies?

                    The Brad

                    jon-nycJ 1 Reply Last reply
                    • jon-nycJ jon-nyc

                      CopperC Online
                      CopperC Online
                      Copper
                      wrote on last edited by
                      #41

                      @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.

                      1 Reply Last reply
                      • LuFins DadL LuFins Dad

                        @jon-nyc said in Breyer to retire:

                        Did you read the replies?

                        jon-nycJ Offline
                        jon-nycJ Offline
                        jon-nyc
                        wrote on last edited by
                        #42

                        @lufins-dad said in Breyer to retire:

                        Did you read the replies?

                        I try not to.

                        Only non-witches get due process.

                        • Cotton Mather, Salem Massachusetts, 1692
                        LuFins DadL 1 Reply Last reply
                        • jon-nycJ jon-nyc

                          @lufins-dad said in Breyer to retire:

                          Did you read the replies?

                          I try not to.

                          LuFins DadL Offline
                          LuFins DadL Offline
                          LuFins Dad
                          wrote on last edited by
                          #43

                          @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.

                          The Brad

                          1 Reply Last reply
                          • George KG Offline
                            George KG Offline
                            George K
                            wrote on last edited by
                            #44

                            Let the memes begin.

                            image.jpeg
                            Racist Joe.

                            "Now look here, you Baltic gas passer... " - Mik, 6/14/08

                            The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

                            89th8 1 Reply Last reply
                            • George KG George K

                              Let the memes begin.

                              image.jpeg
                              Racist Joe.

                              89th8 Offline
                              89th8 Offline
                              89th
                              wrote on last edited by
                              #45

                              @george-k Hahaha that one from The Office is perfect.

                              1 Reply Last reply
                              • IvorythumperI Offline
                                IvorythumperI Offline
                                Ivorythumper
                                wrote on last edited by
                                #46

                                @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.

                                CopperC LuFins DadL 2 Replies Last reply
                                • jon-nycJ Offline
                                  jon-nycJ Offline
                                  jon-nyc
                                  wrote on last edited by
                                  #47

                                  Justice Jackson. That will be her.

                                  Only non-witches get due process.

                                  • Cotton Mather, Salem Massachusetts, 1692
                                  1 Reply Last reply
                                  • IvorythumperI Ivorythumper

                                    @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.

                                    CopperC Online
                                    CopperC Online
                                    Copper
                                    wrote on last edited by
                                    #48

                                    @ivorythumper said in Breyer to retire:

                                    Ketanji

                                    That name doesn't hurt her chances.

                                    1 Reply Last reply
                                    • IvorythumperI Ivorythumper

                                      @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.

                                      LuFins DadL Offline
                                      LuFins DadL Offline
                                      LuFins Dad
                                      wrote on last edited by
                                      #49

                                      @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?

                                      The Brad

                                      1 Reply Last reply
                                      • MikM Away
                                        MikM Away
                                        Mik
                                        wrote on last edited by
                                        #50

                                        @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.

                                        “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

                                        1 Reply Last reply
                                        • MikM Away
                                          MikM Away
                                          Mik
                                          wrote on last edited by
                                          #51

                                          She's been a stalwart Trump foe. That much I can find.

                                          “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

                                          George KG 1 Reply Last reply
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