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When Things Will Get Really Bad


It seems like the Hagel nomination will really only be held up. As Johnathan says, where things are really going to get crazy is if Obama or another Democratic president is in a position to replace Scalia or Kennedy.

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  • swearyanthony

    “A republic, if you can keep it”

  • oldster

    you have a link to an article called “my deep, dark secret”, which seems to be about a woman confronting an episode of sexual abuse in her childhood.

    I agree that there are parallels, but are you sure that’s the link you intended?

    • Scott Lemieux


  • Mike Dixon, BFA
  • xaaronx
    • xaaronx

      Oops, cross-post.

  • c u n d gulag

    Look, they won’t even hold a Senate vote to approve some of President Obama’s Federal Court appointees, so of course, if the President has to replace one of the Conservative “Gang of Four – Plus One,” the Reich-wing Senators will go beyond ballistic.

    Hagel is just a warm-up.
    Walter Johnson, Dizzy Dean, Nolan Ryan, and Justin Verlander don’t start a game before trying out their “crazy” fastballs in the bullpen first.

    And FSM monster help us if the President has to replace one of SCOTUS’s Conservative members before the ’14 mid-terms, because Senator Limpseed Cornpone Grahamcracker (R – Closet) will have to wheel around his faintin’ couch and keep squeezin’-out his weepin’-hankie to maximize the number of TV channels that can televise his epic hissy-fits.

    I think losing Lieberman’s really unhinged the old girl.

    • Decrease Mather

      The difference between SCOTUS and O’s Fed Court nominees is that no one pays attention to the latter.

      The odds are probably better for SCOTUS, where Obama can take his argument to the people. It doesn’t mean the GOP won’t be an nuisance, nor that we’ll get Karlan or an equivalent. But the GOP will likely bear some cost for their antics.

      • c u n d gulag

        They’re chomping at the bit, after the loss in last years election, to give someone the “Bork Treatment.”

        • NBarnes

          In which they will ignore that Bork couldn’t get 50 votes in the Senate. He wasn’t filibustered, he just lost.

          • c u n d gulag

            Of course they’ll ignore that.

            Ignoring facts is what they do best.

            They just want an Obama SC appointee to Bork around.

            • Joe

              “Bork around”? Curious term. The term is usually used disparagingly to imply Dems (and Arlen Specter apparently) abused him in some fashion by citing his record and allowing him to sound like a jerk with views the general public didn’t like.

              The Rs tried to do that with Goodwin Liu as appeals judge but given his actual record and tone, the fact Liu was mean to Alito and some selective cites to writings didn’t amount to much. But, they could filibuster lower court appointments so dealt with him that way.

            • Jameson Quinn

              The question is, will the media ignore it? I’d bet that they’d like to, but won’t be able to. But I’m not sure.

  • Joe

    Replacement of Scalia/Kennedy would be a big deal but Hagel was personally a big deal — he is seen in effect as a traitor, one who in fact threatens the legacy of some Republican senators.

    BTW, interesting how Sentelle is stepping down as chief judge of the DC Circuit and Merrick Garland is stepping in. MG was on the short list to the SC the last couple times.

    • A lot of them also see Hagel as being to the left (on defense/national security issues, anyway) of most of the Democrats who might’ve otherwise been appointed.

    • Chief Judge’s terms are set by statute (does not mean that Sentelle had to take senior status) and the replacement chief is also set by statute (I think it is most senior active judge under a certain age). Obama had nothing to do with Garland becoming Chief.

      • Looked it up — 28 USC 45.

        The Chief Judge of a Circuit is automatically the most senior active judge under 65. The Chief Judge serves 7 years or until 70.

        Chief Judge returns to being regular circuit judge when their term ends (see, e.g., Richard Posner). No judicial vacancy is created merely because another person is statutorily elevated to Chief Judge.

        Sentelle, however, decided to take senior status (basically, the best job in the judicial world where you get to be a part-timer at full time pay, full time staff (law clerks and secretary, and get opt out of categories of cases that suck [for example, most 9th Circuit senior judges opt out of death cases]). By doing this, he creates a judicial vacancy which Obama has to fill. He also no longer sits on en banc panels.

  • LosGatosCA

    As Johnathan says, where things are really going to get crazy totally fucking weird is if Obama or another Democratic president is in a position to replace Scalia or Kennedy.

    What Hunter Thompson said about the weird turning pro.

    One thing the weird Confederate wing of the nation doesn’t seem to realize, while peak wingnut will never be reached, the tolerance for their attempts to reach it is wearing thin. They can definitely take out a SCOTUS nominee if they choose their fights more carefully. But going after everything at every level every day is just using up their ammo when the targets aren’t even in sight.

    Hope they keep it up.

  • Crackity Jones

    A Scalia retirement would be grand, but I think he’s still got some miles left on him. He’s going to do whatever’s humanly possible to stay on through the rest of obama’s term.

    He did have a hand in Roberts and Alito making it to SCOTUS so he has no business being butthurt of Obama replaces him.

    • Jameson Quinn

      Hard to be butthurt if you’re dead. Chances of one of the 4+1 biting it in the next 4 years are over 50% if you just go by actuarial tables for gender and age, but probably under that if you factor in the fact that they’re the power elite. Still, it’s not a possibility that can be neglected.

      • It will be a great day in Hell when a Democratic president appoints Scalia’s replacement and Scalia is welcomed to his final resting place among the naturally steamed broccoli he will be forced to eat for eternity.

        • LosGatosCA

          I’m also looking for a transcript of the first verbal exchange between the evil twins, Lucifer and Scalia:

          Scalia: I demand a recount.

          Lucifer: Get over it. Enjoy the broccoli.

  • Crackity Jones

    Scalia will turn into a (bigger) sputtering rage muppet on November 8, 2016, when President Clinton is elected, and he realizes he won’t make it to January 20, 2021, much less January 20, 2025.

    • LosGatosCA

      It’s not a sin if we acknowledge that no one lives forever. And that the finite number of years are much reduced when a person hits 80. Without wishing anyone less than their actuarial due, I look forward to the day, hopefully sooner rather than later, that the more senior justices of all wings of the court prove their basic physical humanness.

      It would be poetic justice if Obama was to name 4 more replacements (Ginsburg, Scalia, Kennedy’, Breyer). That would be quite a legacy for Obama. And it would trigger (almost terminal) historical rage on the Confederate wing of the nation and leave Roberts, Alito, and Thomas to endless irrelevancy in dissenting opinions.

      • Crackity Jones

        I’m of the opinion that Ginsburg should be a head in a jar a la Futurama. Keep that woman for 20 more years, please. But Kennedy and Scalia, good riddance to bad rubbish. I want Obama to replace a solid conservative vote this time. That should set some heads spinning.

        • LosGatosCA

          The reason I’d like to see Obama make 4 appointments is to preclude any chance of the White House flipping in 2016 and a Republican replacing a non-conservative with a Scalia replacement.

  • kmeyer57

    You are delusional if you think for one second that any of of these wackos will step down while a democrat is in office. They will die first, even Kennedy.

    • LosGatosCA

      I’m hoping Pope Benedict provides an excellent role model for these reprobates.

  • I don’t think the Republicans can really hold together to deny an important nominee. They’re going to confirm Hagel.

    So what do these little performances accomplish? The Republicans look like idiots.

    • LosGatosCA

      I think you answered your own question.

      Republicans are very suspicious of people who have triple digit IQs, can think 3 steps behind, or expect that investing in the next generational so they can be smarter than George W Bush is a good idea.

      That pretty much describes an idiot in my book. That’s what they are aiming for.

      As I said earlier, I hope they keep it up.

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