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originally posted by: dawnstar
a reply to: Gryphon66
It would be a real shame if the party split!! which I do see as a possibility still. This would not be that good for the country either. another reason why I kind of hope that the nominee is a old fashioned moderate conservative. maybe it will diffuse the situation. then again, maybe the hard right wing of the party will manage to obstruct even an old fashioned moderate conservative. if that happens, well, the party needs to split anyways!
originally posted by: Gryphon66
It would be a real shame if the Republican's votes were split in the fall, between right-wingers and moderates.
A real shame.
Nothing in the Constitution says they HAVE to appoint someone right away.
originally posted by: ketsuko
a reply to: Gryphon66
Interesting to note that they did fight President Johnson over an appointee for 9 months or so in a similar fashion and Nixon got the appointment.
Funny how back then, Democrats also agreed that a lame duck president had no business appointing a SCOTUS nominee and fought Johnson on the issue too.
In the wake of the death of Justice Antonin Scalia, questions have arisen about whether there is a standard practice of not nominating and confirming Supreme Court Justices during a presidential election year. The historical record does not reveal any instances since at least 1900 of the President failing to nominate and/or the Senate failing to confirm a nominee in a presidential election year because of the impending election. In that period, there were several nominations and confirmations of Justices during presidential election years.
And in 1968, President Lyndon B. Johnson nominated Abe Fortas, who was already sitting as an Associate Justice, to succeed Chief Justice Earl Warren, but the Fortas nomination was the target of a bipartisan filibuster – principally in reaction to the Warren Court’s liberalism and ethical questions about Fortas, although objections were certainly also made that it was inappropriate to fill the seat in an election year. That filibuster prompted Homer Thornberry, whom Johnson nominated to succeed Fortas as an Associate Justice, to withdraw his name from consideration in October 1968, because there was no vacancy to fill. Moreover, the failure to confirm Fortas as the Chief Justice did not leave the Court short a Justice, because Chief Justice Earl Warren remained on the bench.
originally posted by: ketsuko
originally posted by: Gryphon66
It would be a real shame if the Republican's votes were split in the fall, between right-wingers and moderates.
A real shame.
Uh-huh ... I can just feel the faux sympathy oozing out of that post.
I think you missed the "/sarc" label there.
originally posted by: CB328
Nothing in the Constitution says they HAVE to appoint someone right away.
What is this crap? Obama has the right to appoint who he wants when he wants, he is the damn president and there is nothing that requires him to delay.
The Republicans should just shut up and do their jobs for once.
There is historical precedent for this circumstance that points to the Court ordering the cases reargued once a new Justice is confirmed.