Possible Ginsburg replacements if she retires? (user search)
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  Possible Ginsburg replacements if she retires? (search mode)
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Author Topic: Possible Ginsburg replacements if she retires?  (Read 34129 times)
True Federalist (진정한 연방 주의자)
Ernest
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« on: December 06, 2014, 06:42:59 PM »

She's already ruled out retiring, and I don't think having stent put in her heart recently is going to change that.  She enjoys her work and feels she can continue to do a good job, and more importantly, that there is no way her replacement would be similar to her.  Indeed, she felt that way even before the Dems lost the Senate.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #1 on: December 30, 2014, 11:59:34 PM »

Can anyone seriously maintain that if a Justice (any Justice) were to pass over the next two years, the GOP wouldn't just force Obama to leave the seat vacant until the next Administration?

could Obama recess-appoint a Justice to SCOTUS?

Yes, but it would not be a lifetime appointment, only until either the Senate rejected the appointee, or until the end of the term.  Washington himself used the recess appointment power to appoint a Chief Justice while the Senate was in recess, and the Senate rejected his nominee when they returned.  The last president to make recess appointments to the Court was Eisenhower, who did so three times, including for Chief Justice Warren, altho all three of his appointments were confirmed later by the Senate.

However, this assumes the Congress will ever be out of session long enough to permit Obama to make a recess appointment.  I really don't see that happening.  However, the Democrats could if they wished interfere with the holding of pro forma sessions by making quorum calls and compelling the other members to show up.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #2 on: January 01, 2015, 11:09:20 PM »

How long could a recess appointee last? I remember John Bolton serving as the UN Ambassador for well over a year and never being confirmed.
If not acted upon, a recess appointment lasts until the end of the next session, so at most two years, if one were to be appointed early in a session.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #3 on: January 16, 2015, 02:29:01 AM »

30 of the 46 Democratic Senators (including Bernie Sanders and Angus King) have law degrees, but only 19 were practicing law when they got elected to their first office.  Of those 19, most are either too old or too liberal to be approved by a Republican Senate.

I would think these 3 senators would be 'moderate'  enough to be approved
1.Amy Klobuchar, Minnesota, former Hennepin County Attorney 85% ADA in 2013 4% ACU
2.Kirsten Gillibrand, New York, 90% ADA, 0% ACU (but she was more conservative in the House)
3.Tim Kaine, Virginia, 85% ADA, 0% ACU

Cabinet Secretaries
1.Thomas Perez, Maryland, Secretary of Labor, Former Assistant (or Deputy) Attorney General for Civil Rights
2.Jeh Johnson, Secretary of Homeland Security, former Department of Defense council

Former Cabinet Secretary
1.Janet Napolitano, formerly of Arizona,  former Secretary of Homeland Security,  Former Arizona Attorney General and Governor

I could also see the Republicans allowing an essentially temporary appointment to the Supreme Court (as long as they replace a 'liberal' Justice)  by a liberal Senator who is in his 70s.
1.Richard Durbin, Illinois
2.Ben Cardin, Maryland
3.Pat Leahy, Vermont


Yeah, the GOP won't mind if Obama appoints an old guy that would give them a chance to fill the seat themselves in a few years.  The older the nominee is, the easier it will be to get them approved.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #4 on: April 22, 2015, 12:20:07 AM »

Can anyone seriously maintain that if a Justice (any Justice) were to pass over the next two years, the GOP wouldn't just force Obama to leave the seat vacant until the next Administration?

could Obama recess-appoint a Justice to SCOTUS?

No Obama can't appoint a SCOTUS in recess.

Only because the Senate these days is never in recess specifically to deny Presidents the use of the recess appointment power.  There have been a number of recess appointments to SCOTUS dating back to when Washington was President, not all of which have been approved.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #5 on: June 02, 2015, 09:51:42 PM »

Why do people keep suggesting politicians for SCOTUS? The tradition of picking judges or legal scholars is best, IMO. I know the Court is basically just another chamber of Congress these days, but those poor lawyers need to have their profession account for something.
Why? Because most people are far more familiar with politicians than with judges or legal scholars. However, that familiarity is precisely why politicians are seldom nominated these days as they've likely left a paper trail that would derail their nomination if it were made.
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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #6 on: December 15, 2020, 08:29:08 AM »

Obama should have forced RBG to retire in 2013.  He should have kept bugging her about retiring until she gave up and did so.

If he had tried, we more likely would've gotten President Biden in 2014 when Obama gave up and retired.
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