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[SCOTUS] thread we dreaded updates for because RIP RBG

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    TetraNitroCubaneTetraNitroCubane The Djinnerator At the bottom of a bottleRegistered User regular
    Preacher wrote: »


    Justice Ginsburg in the hospital with a fear of an infection. 2020 please please no more.

    Christ, that sounds bad. And being in the hospital right now is double bad.

    This is really the worst fucking timeline.

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    AbsalonAbsalon Lands of Always WinterRegistered User regular
    Keep court packing in the pocket.

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    Undead ScottsmanUndead Scottsman Registered User regular
    Sadly, even if Biden wins election and even if RBG lasts till then, Biden is just going to replace her with a socially minded corporatist, further solidifying corporate control over the supreme court.

    It's better than what Trump and the Pubs would put up there, but it's still bad.

    Also $5 says Trump and his cronies start pushing a "Ginsberg should retire" narrative and starts trotting out potential replacements. Hell, is there actually a rule that says a seat needs to be empty before they confirm the next judge?

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    TetraNitroCubaneTetraNitroCubane The Djinnerator At the bottom of a bottleRegistered User regular
    Sadly, even if Biden wins election and even if RBG lasts till then, Biden is just going to replace her with a socially minded corporatist, further solidifying corporate control over the supreme court.

    It's better than what Trump and the Pubs would put up there, but it's still bad.

    Also $5 says Trump and his cronies start pushing a "Ginsberg should retire" narrative and starts trotting out potential replacements. Hell, is there actually a rule that says a seat needs to be empty before they confirm the next judge?

    Holy shit, don't give them ideas.

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    Phoenix-DPhoenix-D Registered User regular
    Sadly, even if Biden wins election and even if RBG lasts till then, Biden is just going to replace her with a socially minded corporatist, further solidifying corporate control over the supreme court.

    It's better than what Trump and the Pubs would put up there, but it's still bad.

    Also $5 says Trump and his cronies start pushing a "Ginsberg should retire" narrative and starts trotting out potential replacements. Hell, is there actually a rule that says a seat needs to be empty before they confirm the next judge?

    I mean the response to that last paragraph would just be RGB giving them the finger for the rest of her existence.

    You could replace a judge early but it takes massive shenanigans they need the house for.

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    Commander ZoomCommander Zoom Registered User regular
    There are almost surely many "good Christians" out there earnestly praying for this woman to die, and swiftly.

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    KrieghundKrieghund Registered User regular
    Phoenix-D wrote: »
    Thread title: still accurate.
    She needs to make it five to six months depending on election results. Five if Dems win the Senate, six if not.

    How does that make a difference?

    Congress seats three weeks before the President does.

    Can you imagine a Republican Senate pushing a new SCOTUS through in 3 weeks before a President Biden replaces Trump? People would be apoplectic.

    What people? Democrats? What would they do about it? Republicans would be partying in the streets that got one last over before they left.

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    cckerberoscckerberos Registered User regular
    I dunno... I think the long-term ramifications of a lame duck SCOTUS appointment might be enough to give enough Senate Republicans pause that it wouldn't happen. It would all but guarantee court packing if they ever lost their Senate majority and they don't need Ginsburg's seat for a conservative majority on the Court.

    At least some of them seem to be somewhat aware that they won't be in power forever (note that they've only weakened - and not outright abolished - the filibuster and other minority perks).

    cckerberos.png
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    Munkus BeaverMunkus Beaver You don't have to attend every argument you are invited to. Philosophy: Stoicism. Politics: Democratic SocialistRegistered User, ClubPA regular
    Never assume the GOP have anything approaching shame.

    Humor can be dissected as a frog can, but dies in the process.
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    AthenorAthenor Battle Hardened Optimist The Skies of HiigaraRegistered User regular
    Oh no. If anyone, ANYONE on the court steps down for any reason (voluntary or otherwise), you will see a SCOTUS confirmation at a speed that nothing else in government can match. Republicans will not waste their chance to cement ultimate power for decades to come, and literally nothing in our democracy will stop them.

    He/Him | "A boat is always safest in the harbor, but that’s not why we build boats." | "If you run, you gain one. If you move forward, you gain two." - Suletta Mercury, G-Witch
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    NobeardNobeard North Carolina: Failed StateRegistered User regular
    cckerberos wrote: »
    I dunno... I think the long-term ramifications of a lame duck SCOTUS appointment might be enough to give enough Senate Republicans pause that it wouldn't happen. It would all but guarantee court packing if they ever lost their Senate majority and they don't need Ginsburg's seat for a conservative majority on the Court.

    At least some of them seem to be somewhat aware that they won't be in power forever (note that they've only weakened - and not outright abolished - the filibuster and other minority perks).

    Their plan is to rig the system so that they are in power forever. They would absolutely pull a lame duck appointment as that would greatly further that goal.

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    TetraNitroCubaneTetraNitroCubane The Djinnerator At the bottom of a bottleRegistered User regular
    It will come down to a select few Republicans who are "very concerned" about the appointment, and also "very concerned" about Trump's behavior.

    They will continue to be "very concerned" right up until they vote to confirm whatever miserable insipid compost heap was nominated.

    And the new court will then gladly uphold any election fuckery.

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    shrykeshryke Member of the Beast Registered User regular
    Sadly, even if Biden wins election and even if RBG lasts till then, Biden is just going to replace her with a socially minded corporatist, further solidifying corporate control over the supreme court.

    It's better than what Trump and the Pubs would put up there, but it's still bad.

    Also $5 says Trump and his cronies start pushing a "Ginsberg should retire" narrative and starts trotting out potential replacements. Hell, is there actually a rule that says a seat needs to be empty before they confirm the next judge?

    Why would you assume that?

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    HandkorHandkor Registered User regular
    edited July 2020
    We need to plaster everywhere with McConnel's line from 2015: "Let the people decide". So close to an election and there is precedence now for this sort of behavior. Throw their bad behavior back in their faces.

    Handkor on
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    shrykeshryke Member of the Beast Registered User regular
    Handkor wrote: »
    We need to plaster everywhere with McConnel's line from 2015: "Let the people decide". So close to an election and there is precedence now for this sort of behavior. Throw their bad behavior back in their faces.

    They will nod their heads and ram their pick through anyway. They do not give a shit.

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    Munkus BeaverMunkus Beaver You don't have to attend every argument you are invited to. Philosophy: Stoicism. Politics: Democratic SocialistRegistered User, ClubPA regular
    Handkor wrote: »
    We need to plaster everywhere with McConnel's line from 2015: "Let the people decide". So close to an election and there is precedence now for this sort of behavior. Throw their bad behavior back in their faces.

    Yeah, because that’s a thing that has worked on them.

    Humor can be dissected as a frog can, but dies in the process.
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    GyralGyral Registered User regular
    Yeah, McConnel gives zero fucks about any attempt to shame him with his own words. The man is a fucking Dignity Wraith.

    25t9pjnmqicf.jpg
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    FencingsaxFencingsax It is difficult to get a man to understand, when his salary depends upon his not understanding GNU Terry PratchettRegistered User regular
    He has already said he would ignore that

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    Commander ZoomCommander Zoom Registered User regular
    "for thee but not for me"

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    zepherinzepherin Russian warship, go fuck yourself Registered User regular
    It’s not a time for alarm yet. My aunt is RBGs age and she’s in the hospital every month for one thing or another. And has been doing it for 3 years it’s a downside of age, but my aunt is still kicking and I think RBG will be as well. And she doesn’t even need to show up to work. She can call in sick for 6 months.

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    NobeardNobeard North Carolina: Failed StateRegistered User regular
    shryke wrote: »
    Sadly, even if Biden wins election and even if RBG lasts till then, Biden is just going to replace her with a socially minded corporatist, further solidifying corporate control over the supreme court.

    It's better than what Trump and the Pubs would put up there, but it's still bad.

    Also $5 says Trump and his cronies start pushing a "Ginsberg should retire" narrative and starts trotting out potential replacements. Hell, is there actually a rule that says a seat needs to be empty before they confirm the next judge?

    Why would you assume that?

    I wouldn't call it an absolute given but it's highly plausible given (what I know of) Biden's overall political career.

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    Munkus BeaverMunkus Beaver You don't have to attend every argument you are invited to. Philosophy: Stoicism. Politics: Democratic SocialistRegistered User, ClubPA regular
    We need to stop treating republicans like Pokémon whose moves are super effective against their type..

    They’re not Ghosts, they’re Poison.

    Humor can be dissected as a frog can, but dies in the process.
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    Captain InertiaCaptain Inertia Registered User regular
    We need to stop treating republicans like Pokémon whose moves are super effective against their type..

    They’re not Ghosts, they’re Poison.

    Omg

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    Phoenix-DPhoenix-D Registered User regular
    We need to stop treating republicans like Pokémon whose moves are super effective against their type..

    They’re not Ghosts, they’re Poison.

    The point of throwing their bullshit in their face isn't to shame them into action- though that very occasionally works- so much as to piss people off to throw them out. Which does work.

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    ElJeffeElJeffe Not actually a mod. Roaming the streets, waving his gun around.Moderator, ClubPA mod
    edited July 2020
    Fencingsax wrote: »
    He has already said he would ignore that

    To be fair, I don't think he said he would ignore that when asked the question, I think he laughed. Like, literally, I think he just laughed in their face.

    ElJeffe on
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    ElJeffeElJeffe Not actually a mod. Roaming the streets, waving his gun around.Moderator, ClubPA mod
    It will come down to a select few Republicans who are "very concerned" about the appointment, and also "very concerned" about Trump's behavior.

    They will continue to be "very concerned" right up until they vote to confirm whatever miserable insipid compost heap was nominated.

    And the new court will then gladly uphold any election fuckery.

    There's what, 53 Republicans in the Senate?

    The will be two people who are allowed to be Very Concerned enough to not vote to confirm. Pretty sure Mitt would be one of them. "Moderate" Republicans will draw straws to see who gets to be number two.

    I submitted an entry to Lego Ideas, and if 10,000 people support me, it'll be turned into an actual Lego set!If you'd like to see and support my submission, follow this link.
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    shrykeshryke Member of the Beast Registered User regular
    Nobeard wrote: »
    shryke wrote: »
    Sadly, even if Biden wins election and even if RBG lasts till then, Biden is just going to replace her with a socially minded corporatist, further solidifying corporate control over the supreme court.

    It's better than what Trump and the Pubs would put up there, but it's still bad.

    Also $5 says Trump and his cronies start pushing a "Ginsberg should retire" narrative and starts trotting out potential replacements. Hell, is there actually a rule that says a seat needs to be empty before they confirm the next judge?

    Why would you assume that?

    I wouldn't call it an absolute given but it's highly plausible given (what I know of) Biden's overall political career.

    I don't see how that tracks at all. Like, you can look at his platform right now.

    The absolute worst you would get from Biden is probably like a Merrick Garland.

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    Dark_SideDark_Side Registered User regular
    edited July 2020
    shryke wrote: »
    Sadly, even if Biden wins election and even if RBG lasts till then, Biden is just going to replace her with a socially minded corporatist, further solidifying corporate control over the supreme court.

    It's better than what Trump and the Pubs would put up there, but it's still bad.

    Also $5 says Trump and his cronies start pushing a "Ginsberg should retire" narrative and starts trotting out potential replacements. Hell, is there actually a rule that says a seat needs to be empty before they confirm the next judge?

    Why would you assume that?

    It's probably a safe assumption for damn near any president, because that's a safe option that isn't going to rattle too many cages and keeps the status quo, while also protecting the admin from a bruising confirmation process. However, and especially if democrats control congress, there'd be no reason not try for someone a little more progressive.

    Dark_Side on
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    PolaritiePolaritie Sleepy Registered User regular
    Dark_Side wrote: »
    shryke wrote: »
    Sadly, even if Biden wins election and even if RBG lasts till then, Biden is just going to replace her with a socially minded corporatist, further solidifying corporate control over the supreme court.

    It's better than what Trump and the Pubs would put up there, but it's still bad.

    Also $5 says Trump and his cronies start pushing a "Ginsberg should retire" narrative and starts trotting out potential replacements. Hell, is there actually a rule that says a seat needs to be empty before they confirm the next judge?

    Why would you assume that?

    It's probably a safe assumption for damn near any president, because that's a safe option that isn't going to rattle too many cages and keeps the status quo, while also protecting the admin from a bruising confirmation process. However, and especially if democrats control congress, there'd be no reason not try from someone a little more progressive.

    Pick the public defender under 50 with the most years of experience. Then start looking at the various legal advocacy groups.

    No judges. No prosecutors. Period.

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    monikermoniker Registered User regular
    ElJeffe wrote: »
    It will come down to a select few Republicans who are "very concerned" about the appointment, and also "very concerned" about Trump's behavior.

    They will continue to be "very concerned" right up until they vote to confirm whatever miserable insipid compost heap was nominated.

    And the new court will then gladly uphold any election fuckery.

    There's what, 53 Republicans in the Senate?

    The will be two people who are allowed to be Very Concerned enough to not vote to confirm. Pretty sure Mitt would be one of them. "Moderate" Republicans will draw straws to see who gets to be number two.

    I could see Romney, Murkowski, and Collins balking at it. Which means the appointment goes through with Pence anyway.

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    Dark_SideDark_Side Registered User regular
    edited July 2020
    Polaritie wrote: »
    Dark_Side wrote: »
    shryke wrote: »
    Sadly, even if Biden wins election and even if RBG lasts till then, Biden is just going to replace her with a socially minded corporatist, further solidifying corporate control over the supreme court.

    It's better than what Trump and the Pubs would put up there, but it's still bad.

    Also $5 says Trump and his cronies start pushing a "Ginsberg should retire" narrative and starts trotting out potential replacements. Hell, is there actually a rule that says a seat needs to be empty before they confirm the next judge?

    Why would you assume that?

    It's probably a safe assumption for damn near any president, because that's a safe option that isn't going to rattle too many cages and keeps the status quo, while also protecting the admin from a bruising confirmation process. However, and especially if democrats control congress, there'd be no reason not try from someone a little more progressive.

    Pick the public defender under 50 with the most years of experience. Then start looking at the various legal advocacy groups.

    No judges. No prosecutors. Period.

    Oh god yeah, this. Get some people on that court that haven't been living in a bubble their entire professional life. Maybe then we could get some decisions that don't literally tell people its only bribery if you trade a big bag of money with a dollar sign on it. Or that racism is totally over in regards to states fucking over minorities from voting.

    Dark_Side on
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    enlightenedbumenlightenedbum Registered User regular
    edited July 2020
    On the other hand, more Sotomayors would be good. And your most likely Biden nominations are probably people like her.

    EDIT: Though I think he's promised the first seat goes to a black woman, so start your research there.

    enlightenedbum on
    Self-righteousness is incompatible with coalition building.
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    DarkPrimusDarkPrimus Registered User regular
    Jane Kelly is a former public defender who was floated alongside Merrick Garland as a possible Obama pick back in 2015, but she's white so that disqualifies her as a Biden pick using that criteria.

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    ElJeffeElJeffe Not actually a mod. Roaming the streets, waving his gun around.Moderator, ClubPA mod
    On the other hand, more Sotomayors would be good. And your most likely Biden nominations are probably people like her.

    EDIT: Though I think he's promised the first seat goes to a black woman, so start your research there.

    Michelle Obama, just for the troll factor.

    I submitted an entry to Lego Ideas, and if 10,000 people support me, it'll be turned into an actual Lego set!If you'd like to see and support my submission, follow this link.
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    Commander ZoomCommander Zoom Registered User regular
    edited July 2020
    Nobeard wrote: »
    cckerberos wrote: »
    I dunno... I think the long-term ramifications of a lame duck SCOTUS appointment might be enough to give enough Senate Republicans pause that it wouldn't happen. It would all but guarantee court packing if they ever lost their Senate majority and they don't need Ginsburg's seat for a conservative majority on the Court.

    At least some of them seem to be somewhat aware that they won't be in power forever (note that they've only weakened - and not outright abolished - the filibuster and other minority perks).

    Their plan is to rig the system so that they are in power forever. They would absolutely pull a lame duck appointment as that would greatly further that goal.

    Got to admit, I do consider this to be pretty much a "game over" scenario. But since there's absolutely nothing I can do about it, I'm going to file it in the same box as "asteroid strike" or "Yellowstone eruption" and try not to worry.

    Commander Zoom on
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    MillMill Registered User regular
    Only thing that would give the rat fucker party pause if we had a vacancy during the lame duck session; especially, if it was RBG's seat is if they had lost the Senate. They wouldn't fill the seat because of shame. They'd avoid doing it because they'd hope that would be an olive branch to trick democrats into letting bygones be bygones. They know full well that speed running a confirmation under the worst fucking POTUS in history during a lame duck in a desperate attempt to cling to power, would likely result in the democrats expanding the court and packing it as a hardy fuck you.

    Pretty much if democrats don't secure a trifecta, they'll fill that seat with worst fucker they can. Hell, even if democrats do get a trifecta, they might still fill or try filling in that seat without shame, thinking the democrats won't pack the court. By all rights the democrats should pack the court and then push for an amendment or a few to really shut down some of the GOP's bullshit with the judicial branch.

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    knitdanknitdan In ur base Killin ur guysRegistered User regular
    Kamala Harris scares all the right people but i think she’s got her sights set on the White
    House first

    “I was quick when I came in here, I’m twice as quick now”
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    WACriminalWACriminal Dying Is Easy, Young Man Living Is HarderRegistered User regular
    The real problem is that we're too large a country for a 9-person chief judiciary. My plan is simple:

    1) Admit DC as a state.
    2) Restructure the court so that it must always contain exactly one representative justice from each state, who hear cases in groups of 9 (overlap allowed between groups). The chief justice delegates the groups, subject to approval by the entire 51-justice body, and within each group the most senior justice serves the role of chief during proceedings.
    3) Kick Roberts, keep Sotomayor or Kagan as New York's rep. Let RBG retire already, goddamn.
    4) Appoint young progressives from all the currently unrepresented states.
    Yes it's a bad idea. But it would be a little funny.

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    enlightenedbumenlightenedbum Registered User regular
    The obvious court packing scheme is to align them with the circuit courts. And make California its own circuit. Bam, four new justices.

    Self-righteousness is incompatible with coalition building.
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    MorganVMorganV Registered User regular
    WACriminal wrote: »
    The real problem is that we're too large a country for a 9-person chief judiciary. My plan is simple:

    1) Admit DC as a state.
    2) Restructure the court so that it must always contain exactly one representative justice from each state, who hear cases in groups of 9 (overlap allowed between groups). The chief justice delegates the groups, subject to approval by the entire 51-justice body, and within each group the most senior justice serves the role of chief during proceedings.
    3) Kick Roberts, keep Sotomayor or Kagan as New York's rep. Let RBG retire already, goddamn.
    4) Appoint young progressives from all the currently unrepresented states.
    Yes it's a bad idea. But it would be a little funny.

    This is easily the worst idea I've read in a long time.

    Lets give rural states even MORE comparative power. Let's have California have a single Justice, and Wyoming, North Dakota, Alaska, South Dakota, Idaho, Nebraska, West Virginia, Utah, Kansas, Arkansas, Mississipi, Iowa, Oklahoma, Kentucky, Louisiana all have their own, despite having a smaller population in total.

    I know it was a throwaway joke, and I don't actually mind the idea of a rotational grouping (though that does raise risks of inconsistency, especially if two "courts" rule differently on similar matters, ie, anti-gay baker in a heavy conservative grouping and anti-gay caterer in a heavy liberal grouping, both heard simultaneously).

    But the only way I'd see "state representation" being even close to reasonable, is if you amalgamated states and split states, like you do Congressional districts, and as that's NEVER going to happen, the idea that states get equal representation when states don't have close to equal population, just needs to die. It's bad enough re: Senators.

This discussion has been closed.