RIP Antonin Scalia

Scalia was politically brilliant within the context of the Supreme Court and Constitutional law. He put his policy positions in play and manipulated the court with the help of Reagan and Bush appointments to carry out policy changes. He and his minions were the most activist judges in history. His legal theories? Not original, deep or game changing like Douglas, Black, Frankfurter or Brandeis.

He was Tomas de Torquemada. He was evil because he was able to get people to say "whether you liked his positions or not, you couldn't help but be charmed by him". Classic identication of Satan.

Rest uneasily Antonin

 

I really wouldn't mind that. I get tired of the constant pearl-clutching that the other side won't just unilaterally disarm. Obama should nominate whoever the hell he wants, he earned that right in 2012. And if liberals don't like it being rejected by a conservative Congress, shoulda showed up in 2014.

If the court has to sit at 4-4 for awhile,
oh well.

 

The difference, of course, was that the country was in much worse shape in 2009 than it is now.

 

Obama was elected twice. The people spoke in that regard. He has every right, and the duty, to nominate a justice. At that point it goes to the Senate.

That's where the Republicans have to decide which way to jump. If Obama nominates someone centrist and they block the nomination they risk the Democrats winning the Presidency and submitting a much more liberal nominee. If the Democrats win the Senate as well, they could be looking at a new Warren court. I don't think Obama will send a screaming liberal in at this point. He'll offer someone with a reasonable record and make them deal with that.

 

He should nominate Hillary

 

The GOP is pretty much stuck no matter what scenario. Their choices boil down to:

A. Confirm Obama's nominee, piss off their base, and watch them not come out in November and give the Democrats the presidency and Senate.

B. Confirm Obama's nominee, paint it as they're willing to govern, and win the presidency and keep the Senate. But they're stuck with Obama's nominee.

C. Reject Obama's nominee, have the country pissed off at them for not governing, and lose the presidency and Senate.

D. Reject Obama's nominee, have the country not care, win the presidency and keep the Senate.

E. Reject Obama's nominee, rally their base to win the presidency, but see the Democrats win the Senate and treat the Republican presidency exactly how they're treating Obama.

F. Reject Obama's nominee, lose the presidency but keep the Senate, meaning they may be stuck another four years of trying to say no to Hillary/Sanders.

In other words, there's really only one alternative that totally works for them, and another that is middling. Rock, meet hard place.

 

They are probably losing the presidency regardless. Obstructing Obama at every turn shores up their base in congress.

 

I'll take C, please, Mr. Baron.

 

Of course he was lying when he said that.

 

The real danger in McConnel's remarks is whether they keep the Senate or not, if it's a Democratic president they've already all but given him/her a free pass on a nominee. Their choice might be a moderate now or a liberal Scalia next year.

 

Wait till President Hillary nominates Obama.

 

I'm sure we can all agree on what a moderate judge looks like