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Author | Topic: Ruth Bader Ginsberg | ||||||||||||||||||||||||
AZPaul3 Member Posts: 8556 From: Phoenix Joined: Member Rating: 4.9 |
I am not aware of any legal angles in this. No court has jurisdiction over Senate functions and the courts cannot stop the president from making nomination. Since the question strictly and only rests with the Senate and the president I don't see any other players having a role.
You thinking of something sneaky? Factio Republicana delenda est.
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AZPaul3 Member Posts: 8556 From: Phoenix Joined: Member Rating: 4.9 |
That would be sneaky. But, do you have Constitutional chapter and verse on this?
Edited by AZPaul3, : No reason given.Factio Republicana delenda est.
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AZPaul3 Member Posts: 8556 From: Phoenix Joined: Member Rating: 4.9 |
How would that delay anything? The Senate's rules are theirs. They don't have to stop functioning because of a bunch of lawsuits. And the courts cannot issue any restraining order that the Senate is required or bound to honor.
Remember, we are dealing with a co-equal branch of government. The courts have NO jurisdiction over the Senate's rules or operations. Edited by AZPaul3, : No reason given. Edited by AZPaul3, : No reason given. Edited by AZPaul3, : No reason given.Factio Republicana delenda est.
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AZPaul3 Member Posts: 8556 From: Phoenix Joined: Member Rating: 4.9 |
The Republicans "were" the Senate, just like now. In the Garland nomination they were well within their rights to do nothing until Trump was in office.
The Republicans are "still" the Senate and it is well within their rights to confirm as quickly or slowly as they damn well please and no court or other body has any right to interfere with their decisions.Factio Republicana delenda est.
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AZPaul3 Member Posts: 8556 From: Phoenix Joined: Member Rating: 4.9 |
And when that court also decides against them and sends it back down to the original court, Metamucil Lad's Army then just starts the same cycle all over again by making the same specious claims ready to appeal all the way back up to the US Supreme Court. And during all this lawsuit flinging the House continued its investigations. That chamber of the co-equal branch continued its work regardless and the courts, as expected, refused to become involved telling the parties to negotiate a solution. The lawsuits were the president's answer to the House's subpoenas just as the House's lawsuits sought to enforce them. The courts bowed out. The lawsuits delayed nothing.
But if you file lawsuits claiming that it does, then the courts have to process those lawsuits and come down with the obvious decision. No, they do not. They are of the habit, as seen in history, to say "go figure it out yourselves" while taking their damn sweet time "studying the issue" just as they did during the recent impeachment hearings. With the actions done the lawsuits were moot and no rulings were issued. Lawsuits seeking to bar the president from making a nomination or seeking to keep the Senate from voting to confirm will delay nothing. Edited by AZPaul3, : No reason given.Factio Republicana delenda est.
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AZPaul3 Member Posts: 8556 From: Phoenix Joined: Member Rating: 4.9 |
"Lame duck session" means nothing. It is a social construct without any Constitutional meaning or affect. The Senate can meet and conduct business all it wants until noon January 3rd when the Constitution requires the next elected congress be seated. There are no bars to its legal actions during any part of its legal session whether before or after the election.
Confirming before or after the election means nothing since lame duck means nothing. Edited by AZPaul3, : No reason given. Edited by AZPaul3, : No reason given.Factio Republicana delenda est.
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AZPaul3 Member Posts: 8556 From: Phoenix Joined: Member Rating: 4.9 |
But remember who is in charge. The Republicans can change and set ANY rules they so desire any time. Their confirmation hearings DO NOT have to be long or even be at all. The constitution does NOT require hearings, lengthy or otherwise. The Republicans can short circuit the processes in any way they desire and the Democrats have no power to stop them.
Two, three days of hearings then a straight-up vote. If that is what the Senate wants no one can stop them. Edited by AZPaul3, : No reason given.Factio Republicana delenda est.
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AZPaul3 Member Posts: 8556 From: Phoenix Joined: Member Rating: 4.9 |
Why? The decision is not mine.
Republicans have done their search and will announce their pick. You can bet their nominee will be a strict constructionist and will be vested in conservative (as Republicans now see it) causes. What I will be interested in is what rating the nominee gets from the ABA. Edited by AZPaul3, : No reason given.Factio Republicana delenda est.
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AZPaul3 Member Posts: 8556 From: Phoenix Joined: Member Rating: 4.9 |
Still, I want to hear what they have to say.
I know it will make no difference now but history may care very much.Factio Republicana delenda est.
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AZPaul3 Member Posts: 8556 From: Phoenix Joined: Member Rating: 4.9 |
Who is Amy Barrett?
She appears to have a good judicial resume and has the intellect of a scholar. She studied law at Notre Dame Law School on a full-tuition scholarship. She served as an executive editor of the Notre Dame Law Review and graduated first in her class in 1997 with a Juris Doctor summa cum laude. She also was voted "Distinguished Professor of the Year" three times at Notre Dame where she taught Constitutional Law, Civil Procedure, Evidence, Federal Courts, Constitutional Theory, and Statutory Interpretation. Intellectually, she has the chops. Yes, she is a religionist with strong conservative views. Not my first thru 100th choice but no one is asking me. Gotta watch out for all the crap that is about to flood the internet, both pro and con, on her history and writings. We can expect most of it, both left and right, to be BS. So, it begins. -- Data from Wiki Edited by AZPaul3, : No reason given.Factio Republicana delenda est.
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AZPaul3 Member Posts: 8556 From: Phoenix Joined: Member Rating: 4.9 |
I haven't seen all that much but at this point she seems to have drawn her own lines and is quite productive at being a jurist and a mother. We'll see.
Factio Republicana delenda est.
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