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liquid diamond

(1,917 posts)
Sat Dec 3, 2016, 03:13 PM Dec 2016

Why didn't the liberal justices retire from the Supreme Court during Obama's 2 terms?

Ginsburg has had serious health problems since the Bush administration, but she survived both of his terms. I applaud her for that. However, she should have retired when a democrat won the presidency. Breyer and Souter are almost 80, so they should have considered resigning during Obama's terms as well. Unfortunately, Obama will be replaced by a right wing sack of shit that will stack the courts with conservatives if any of the liberal justices die or are unable to perform their duties due to health problems.

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Why didn't the liberal justices retire from the Supreme Court during Obama's 2 terms? (Original Post) liquid diamond Dec 2016 OP
Or first. Hubris. La Lioness Priyanka Dec 2016 #1
That thought crossed my mind liquid diamond Dec 2016 #9
Souter retired in 2009... Cooley Hurd Dec 2016 #2
Thank you for the correction. liquid diamond Dec 2016 #10
David Souter retired MFM008 Dec 2016 #3
Yeah, wouldn't that have been sweet. Now we have a catastrophe PearliePoo2 Dec 2016 #4
I know things look dire, TexasTowelie Dec 2016 #5
I'm sorry TT, didn't you read the fine print on that precedent... CincyDem Dec 2016 #33
Actually the fine print says TexasTowelie Dec 2016 #34
because we would have 3 empty seats on the SC now. because they would never get confirmed so long putitinD Dec 2016 #6
Just how far can congress keep liquid diamond Dec 2016 #11
no, the Democrats would fold like an acordian and give the fuhrer anyone he chooses. putitinD Dec 2016 #14
Would he have been able to replace them? ucrdem Dec 2016 #7
Why did some self-identified progressives refuse to vote for Hillary? still_one Dec 2016 #8
Same answer: hubris and callousness towards others La Lioness Priyanka Dec 2016 #12
Hubris? Really? EffieBlack Dec 2016 #17
To answer your question.. yup. pangaia Dec 2016 #18
I am at least this judgemental about liberals La Lioness Priyanka Dec 2016 #22
Exactly Me. Dec 2016 #27
I believe they were waiting for Hillary brush Dec 2016 #21
Because liquid diamond Dec 2016 #13
They wanted to wait for a Democratic Senate FBaggins Dec 2016 #15
Why didn't the progressives who insisted that they were the "new revolution" that would help Bernie EffieBlack Dec 2016 #16
there is no revolution. single payer lost by a huge amount in colorado JI7 Dec 2016 #23
You can't do single payer on a state by state basis. Bernie learned that when his beloved Vermont's politicaljunkie41910 Dec 2016 #35
Yes so where is that revolution we heard so much about since they spoke loudly on Nov. 8 politicaljunkie41910 Dec 2016 #36
Hillary was suppposed to win, and the senate flip. TheCowsCameHome Dec 2016 #19
Did it work out any better for you than for us? La Lioness Priyanka Dec 2016 #32
Hindsight is a marvelous thing, no doubt. Paladin Dec 2016 #20
If it were hubris at all Uponthegears Dec 2016 #24
Really? Me. Dec 2016 #25
Given the GOP record of eight years of obstruction, guillaumeb Dec 2016 #26
Ok. liquid diamond Dec 2016 #28
That depends on how the Senate sets up its rules at the beginning of the next session guillaumeb Dec 2016 #29
That's confusing. Igel Dec 2016 #30
But the GOP leaders had already decided, in 2009 as we know, to obstruct Obama. guillaumeb Dec 2016 #31
Kagan got appointed in 2010 Txbluedog Dec 2016 #38
Maybe they were like the rest of us paigeatemyshoes Dec 2016 #37
It IS a "lifetime appointment"... BlueProgressive Dec 2016 #39
Well scalia died and that didn't help. Cha Dec 2016 #40

PearliePoo2

(7,768 posts)
4. Yeah, wouldn't that have been sweet. Now we have a catastrophe
Sat Dec 3, 2016, 03:20 PM
Dec 2016

Maybe no one thought it possible that a Winger could be POTUS?

TexasTowelie

(116,854 posts)
5. I know things look dire,
Sat Dec 3, 2016, 03:21 PM
Dec 2016

but as long as none of the liberal justices die within the first three years of a Trump administration then we got things covered. The Republicans set the precedent of not confirming President Obama's pick during the fourth year of his second term so the Democrats will be justified in saying that any selection should wait until after the election. Quite frankly, the Democrats should only give two years for President Trump's nominees considering the likelihood that he will select someone that has no qualifications whatsoever.

CincyDem

(6,936 posts)
33. I'm sorry TT, didn't you read the fine print on that precedent...
Sat Dec 3, 2016, 06:10 PM
Dec 2016


..."only to be used by a Republican majority when there's a Democrat in the WH"

More seriously, if McConnell is still majority leader in October 2020 and vacancy opens up, he's going to be racing to fill it before election day. His defense "Our President is president until he's not...and until he's not we need to afford him all the authority of the office".

ya know - just like they did for BHO.

TexasTowelie

(116,854 posts)
34. Actually the fine print says
Sat Dec 3, 2016, 06:18 PM
Dec 2016

that as long as the Republican majority exists in the Senate that the president can make a nomination on January 19 of 2021 and it will get fast-track approval.

That's in the 2 point print written in invisible ink. Get with the program!

putitinD

(1,551 posts)
6. because we would have 3 empty seats on the SC now. because they would never get confirmed so long
Sat Dec 3, 2016, 03:22 PM
Dec 2016

as Obama is President.

 

liquid diamond

(1,917 posts)
11. Just how far can congress keep
Sat Dec 3, 2016, 03:30 PM
Dec 2016

that shit up? Let's say the fuhrer picks a Supreme Court Justice in his first year as president. Can democrats play the same game and block that nominee during his whole presidency?

ucrdem

(15,703 posts)
7. Would he have been able to replace them?
Sat Dec 3, 2016, 03:22 PM
Dec 2016

The new normal is the GOP makes its own rules and they might not have been inclined to.

 

EffieBlack

(14,249 posts)
17. Hubris? Really?
Sat Dec 3, 2016, 03:43 PM
Dec 2016

Ginsberg and Breyer were supposed to give up their seats in hopes that Obama could have gotten a judge as liberal or more liberal than they confirmed before he left office and the fact that they continued working and fighting for us is "hubris and callousness toward others?"

Are you this judgmental of the liberals who didn't vote for Hillary?

 

La Lioness Priyanka

(53,866 posts)
22. I am at least this judgemental about liberals
Sat Dec 3, 2016, 04:03 PM
Dec 2016

Who allowed trump to become president by voting for incompetent leaders like stein and Johnson

Yes, it's hubris to risk this much knowing what's at stake. It's not like they were young in 08.

Me.

(35,454 posts)
27. Exactly
Sat Dec 3, 2016, 04:29 PM
Dec 2016

Is there some fantasy going round that supposes that for once the Cons were going to stand aside and let the Pres. have his way, again and again, thereby ‘loading’ the court.

brush

(57,624 posts)
21. I believe they were waiting for Hillary
Sat Dec 3, 2016, 03:49 PM
Dec 2016

Even if they had retired during Obama's time that still wouldn't have changed the 5-4 conservative advantage.

And there's the chance the repugs might have thought of their stalling tactic sooner.

FBaggins

(27,726 posts)
15. They wanted to wait for a Democratic Senate
Sat Dec 3, 2016, 03:38 PM
Dec 2016

They expected next year to be Hillary picking with a Democratic majority in the Senate (with the threat of the nuclear option to block filibusters)

 

EffieBlack

(14,249 posts)
16. Why didn't the progressives who insisted that they were the "new revolution" that would help Bernie
Sat Dec 3, 2016, 03:40 PM
Dec 2016

get single payer and all manner of other liberal legislation through start their revolution earlier and force the Senate to confirm Obama's judges?

And let's not even talk about how many progressives didn't bother to vote for Hillary because she was no better than Trump.

Enough with the "Why didn't THEY do something?"

JI7

(90,555 posts)
23. there is no revolution. single payer lost by a huge amount in colorado
Sat Dec 3, 2016, 04:08 PM
Dec 2016

And that's a state Clinton won.

politicaljunkie41910

(3,335 posts)
35. You can't do single payer on a state by state basis. Bernie learned that when his beloved Vermont's
Sat Dec 3, 2016, 06:37 PM
Dec 2016

single payer system failed this past year.

politicaljunkie41910

(3,335 posts)
36. Yes so where is that revolution we heard so much about since they spoke loudly on Nov. 8
Sat Dec 3, 2016, 06:42 PM
Dec 2016

by either staying home or voting 3rd Party candidates? Probably out playing Pokemon or smoking pot while Rome burns.

Paladin

(28,781 posts)
20. Hindsight is a marvelous thing, no doubt.
Sat Dec 3, 2016, 03:46 PM
Dec 2016

Honestly, I never saw the Supreme Court situation as that critical---because I never in my darkest dreams ever contemplated there being enough stupid and/or insane and/or lazy voters in this country to put a monstrosity like Trump in the White House. Mea fucking culpa.....

 

Uponthegears

(1,499 posts)
24. If it were hubris at all
Sat Dec 3, 2016, 04:10 PM
Dec 2016

It was the hubris of those who believed a Democrat president and a Democrat Senate in 2016 were inevitable.

Ginsburg and Souter are heroes and caused changes that Democratic Party leadership never even came close to accomplishing in the political arena. What's more, without a filibuster proof Senate, we would have got three young Garlands, at best.

Pray for their health. Don't even think about questioning their judgment.

Me.

(35,454 posts)
25. Really?
Sat Dec 3, 2016, 04:22 PM
Dec 2016

Then there would be even more justices for the Cons to block and stall and more for DT to pick

guillaumeb

(42,649 posts)
26. Given the GOP record of eight years of obstruction,
Sat Dec 3, 2016, 04:28 PM
Dec 2016

what makes you think that the GOP would have acted on a SCOTUS vacancy in 2009?

guillaumeb

(42,649 posts)
29. That depends on how the Senate sets up its rules at the beginning of the next session
Sat Dec 3, 2016, 04:49 PM
Dec 2016

of Congress. McConnell could decide that a simple majority is enough tp pass all legislation.

Igel

(36,119 posts)
30. That's confusing.
Sat Dec 3, 2016, 05:22 PM
Dec 2016

I remember 2009. There was a small (D) majority in the Senate--57 or 58 (D) + 2 (I) for most of the year.

"The nomination was confirmed by the U.S. Senate in August 2009 by a vote of 68 to 31, making Sotomayor the first Latina Supreme Court Justice in U.S. history." http://www.biography.com/people/sonia-sotomayor-453906#first-hispanic-supreme-court-justice


At least 7 or 8 (R) voted for Sotomayor. So we know how the GOP acted on a SCOTUS vacancy in 2009. Most voted against, some voted for.

That was early, and before an additional 7 years of "gotcha" and scorched-earth politics.

guillaumeb

(42,649 posts)
31. But the GOP leaders had already decided, in 2009 as we know, to obstruct Obama.
Sat Dec 3, 2016, 05:25 PM
Dec 2016

Perhaps they felt that 2009 was too early to start on SCOTUS level Judicial obstruction, but as I recall there are still vacancies in the District Courts that have been there for years.

 

paigeatemyshoes

(25 posts)
37. Maybe they were like the rest of us
Sat Dec 3, 2016, 08:05 PM
Dec 2016

Maybe they thought Hillary would never lose to Donald Trump. Most of us thought that too.

 

BlueProgressive

(229 posts)
39. It IS a "lifetime appointment"...
Sun Dec 4, 2016, 12:05 AM
Dec 2016

It's up to the justice to decide if they ever want to retire, or die in office.

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