Funny- just the other day I was thinking to myself, what President Obama could probably use now is a really bitter Supreme Court confirmation fight.
Also, I predict we will soon see the official death of the “up or down vote.”
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DeadlyShoe
Well, at least we know who to blame.
Cat Lady
Yup. I’m expecting the alien invasion any day now. And I don’t mean the illegal kind.
cleek
@DeadlyShoe:
blame Canada!
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i was actually wondering, Wednesday night when Obama was giving his list of burdens, when this stuff would get going, too.
robertdsc
This is the mother of all gut check times for Harry Reid. If he can’t organize the caucus, he needs to be ejected from his leadership role.
** Atanarjuat **
When running in a marathon race (that’s 26.2 miles, for those not familiar), most people can only complete the course by maintaining a pace that won’t leave them thoroughly tired and spent after only a few miles.
That’s called pacing yourself.
Since conservatives have refused to pace themselves in their hysteria-driven attacks against President Obama, I can’t imagine what firepower they hope to bring against any of Obama’s Supreme Court nominees that won’t get laughed at or dismissed immediately (with the exception of the overpaid concern trolls on Fox News and the smattering of he said/she said “journalists” on the other news networks.
Truly, Republicans and conservatives in general have cried wolf one too many times, and ramping up the yelling won’t get other people to take the shrill partisan whining any more seriously.
-A
Scruffy McSnufflepuss
I think he should nominate himself. Take that, Senate Judiciary Committee fuckers! Show me where in the Constitution it says the President can’t be a Supreme Court Justice!
Tom G
It will never happen, but I REALLY wish Judge Andrew Napolitano (host of Freedom Watch on, yes, FOX) was nominated.
MattF
But every time Republican Senators like McConnell or Cornyn get up on their hind legs and bark, Obama’s approval rating goes up. Nominating a Supreme Court justice is an opportunity for Obama to nail the Republican party’s balls to the wall and, –supposing, e.g., that Obama’s half the politician I think he is– I expect him to do just that.
SpotWeld
Countdown to the rumors that Hillary Clinton will be the nominee?
Captain Haddock
My prediction:
Obama drops some hints he will pick someone (say Person A) that the Dem base absolutely loves. GOP has a major freak out and promises Obama that they will obstruct Person A with every fiber of their being. GOP says “nominate Person B, he/she is only slightly anti-choice. We will give you the votes”.
Obama nominates Person B – Dem base flips out, GOP obstructs anyhow.
Punchy
I think we’re about to find out that President Obama’s nominee, (insert any name here), is the mostest-liberal, radical, communist, fascist, and socia’listic judger EVAH.
Natch.
joe from Lowell
Perhaps Obama should approach Orrin Hatch about another deal like the one Bill Clinton worked out for his appointments, where Hatch is allowed to pick his favorite liberals in exchange for keeping the loons in line.
Don’t sell this idea short – that’s how we got Ruth Bader Ginsberg.
Dennis-SGMM
“Steamroller”
“Activist judge”
“Obama shouldn’t think that he can ram [Name] down our throats.”
“The will of 48% of Americans must not be overlooked.”
“The nomination of someone like [Name] would go a long way toward healing the rift between our parties.”
“It is our duty to oppose anyone who we feel is out of the judicial mainstream.”
“Democrat control of all three branches of government would be dangerous and unprecedented.”
There, Republicans, I’ve done your work for you. Go forth into the land and start yapping.
BenA
I don’t think we’ll be hearing Republican Senators crying about a litmus test…
I was listening to something the other day on some NPR/PRI something…. and one of the things they mentioned was that because Obama was moving on some many different things at once, it made the Republican message jump around to a bunch of different things at once… so they can’t get their heels in and repeat the same talking point constantly… I just find it interesting that just a couple of days after the budget passes magically the Souter news breaks.
Obama is defintely doing a ton of different things at once because he has to and a good president should be able to… but some of this is definitely orchestrated to keep the Republican noise machine reeling.
Scruffy McSnufflepuss
I think he should nominate Bybee, just so that the Goopers’ collective hissy fit over Bybee’s newly-discovered radical Democrat Soc ialist leftism forces Bybee not only to withdraw his nomination, but to retire from the bench.
cleek
@Captain Haddock:
i’m pretty sure Obama has already figured out the GOP’s M.O.; he mentioned it multiple times during his Wed presser, in fact.
i’l be very surprised if has to retract a nominee over the GOP’s objections. if he has to retract one, it’ll be due to the objections of the Blue Dogs.
Stooleo
What if he nominated Spector. What a clusterfuck that would be.
Kirk Spencer
No matter who Obama nominates, the Republicans will object. I recommend everyone get out their high-scale hypocrisy meters to avoid “out of range” errors.
Holds? Filibusters? “We never said ‘up or down’?”
And coming when they would rather have gone home for the summer – what fun.
mellowjohn
punchy @ #11…
don’t forget “secret islamist.”
joe from Lowell
There are a whole lot of experienced military judges who resigned their commissions over the kangaroo-court travesties at Guantanamo.
They’d probably need some time on the district and circuit benches, though.
Zifnab
@** Atanarjuat **:
Oh please. You know exactly what hysteria-driven attacks they plan to bring. It’ll start with hair-rending over abortion, build over foot stomping on tax issues, voice screeching about being soft on terrorism, and end in a cacophony of secession threats over 10th Amendment Rights and “Balance of Power” concerns.
anonevent
@Captain Haddock: I suspect it will be more like Ginsberg’s nomination: Obama will send a list out, and tell the Republicans to pick one. Then he’ll release to the public the name the Republicans chose, making it harder for them to deny it later. If they don’t pick any names then he can claim that he tried. Like **Atanarjuat** said (and I still can’t believe I am using him as a reference), they’ve already spent their ammunition; nothing they can try right now will have much of an impact because they’ve done it before. What they might say about a Supreme Court nominee has been used on the Secretary of Health and the OLC head.
EconWatcher
What Captain Haddock said. Obama is always, always playing chess, planning four or five moves ahead. That’s why he always gets “lucky” by having his opponents self-destruct. The man makes his own luck. Thank goodness he’s ours, not theirs.
dmsilev
He should nominate William Ayers. Then, once most of the Republicans have died from acute cases of exploding-head-itis, the nomination can be withdrawn and a real candidate named.
Hillary Clinton.
-dms
PeakVT
Also, I predict we will soon see the official death of the “up or down vote.”
Hopefully not until the DNC floods the airwaves with the inevitable Republican self-contradictions.
Lola
@Captain Haddock:
I don’t think you give Obama enough credit. His judicial nominees for the his administration have not been middle-of-the-road centrists. He is still having trouble with getting Koh and Johnsen confirmed because they are flaming liberals who stand up for their principles.
Obama just did a smackdown of the GOP during his press conference. He obviously knows their number: bitch and whine whenever he disagrees with them by claiming he was not bipartisan. I think Obama will do us proud. The short list sounds good and if he does pick a Latina woman I think he has the guaranteed support of Collins, Snowe, Martinez, and maybe even Hutchinson. A lot of women and Latinos want to be represented on that court.
I think this will be a moment where Obama says, “I won” and he will not cower. That is not to say his pick will not be strategic but it will not be a moderate or conservative.
BenA
@dmsilev:
Funny that’s almost the exact same process that Bush used to bring us Sam Alito.
Nim, ham hock of liberty
Given how we mostly rolled over and played dead for the last two ideologue wingnuts on the SCOTUS, I don’t want to hear a fucking peep out of the right.
Or rather, several of them can peep, but that’s it. They got their way completely. It’s Obama’s turn now.
zmulls
Maybe he should *name* Collins or Snowe ;-)
kuvasz
when clarence thomas was confirmed (by 53-48) the democrats did not filibuster his nomination. if the GOP filibusters obama’s nominee the democats ought to open up such a can of whup-ass that it will make republicans piss blood in their sleep.
the authoritarian steak in most republicans drives them to accept only power as their master and any conciliation by their adversaries is seen only as weakness and personal vice.
while a female nominee is fine with me i just wish larry tribe was 10 years younger. i would have loved to see scalia stroke out debating with tribe on constitutional issues.
Tom
I think Obama could nominate Alberto Gonzalez and the Rush Palin’s of the world would still attack him as a leftist, activist judge who founded ACORN and strapped explosives to live puppies when bombing the Statue of Liberty with Bill Ayers in the ’60s.
This should be fun.
jenniebee
Repubs throwing a hissy fit over a popular president’s nominee to a Supreme Court that will have just handed down an opinion approving of the strip searching of teenage girls suspected of possession of Advil, all just before the midterm elections?
Sheeyit, Christmas coming all year long on this one.
Brick Oven Bill
Justice Souter is one more example of why we should implement the personnel selection procedures of the old Soviet Union, as articulated by Yaroslava Krestovskaya:
“The civilized world needs to think about a decision when single politicians are not allowed to stay in power. This was a common practice in the Soviet political system. The matter of international relations is very subtle and exquisite. One single word or phrase may play an extremely important role in politics. This is not the place, where one can sublimate their personal sexual problems.”
Yaroslava goes into detail about Condoleezza Rice’s complexes (recommended reading), but his sentiments are also applicable for politicians like David Suitor, Janet Napolitano, Janet Reno, and potentially the President’s upcoming nominee. These are challenging times and we do not need to be putting goofy people in positions of authority.
Therefore, I will support President Obama if he nominates Sully Sullenberger for Supreme Court Justice. Sully appears to be happily married, with a strong sense of professional ethics.
A perfect choice.
DougJ
I think Atrios has the right idea here — the bipartisan thing would be to renominate Robert Bork.
JL
@Brick Oven Bill: Good selection, Sully is an advocate for unions and imo they need a strong voice on the court.
Hunter Gathers
Shorter Brick Oven Bill: when in doubt, bash the gays or people we think might be gay. Because gays or people who might be gay are obviously ‘goofy’, whatever the hell that is supposed to mean.
jon
Robert Bork was too moderate for some of these guys. Plus, anyone who talks over their heads is a liberal intellectual, since intellectuals only come in that flavor.
Republicans will freak out no matter what. Enjoy the show.
burnspbesq
I am fairly confident that the worst person on Obama’s list will be pretty damn good. Sotomayor, Wood, Koh … any of them will be just fine, thanks.
OT but worth sharing: Scott Horton gets his snark on, at the expense of Byron York.
http://www.harpers.org/archive/2009/04/hbc-90004875
TheFountainHead
My money says Obama will absolutely nominate a woman and that she will be a relative unknown. I do not think we will see him give the GOP any traction with public opinion on this one.
MikeJ
This is an excellent idea. At least float the names. Let the right very loudly say what they think of Collins and Snowe. Then nominate the person you want. Just don’t pass up the opportunity to hand the GOP bullets to shoot at their own feet.
Zifnab
@kuvasz:
To be fair, I believe they did filibuster Bork. And Thomas was a thorny issue because all the old white Democrats were afraid they’d look racist if they blocked that crazy bastard.
celticdragon
I’ve heard some rumors to the effect that Marjorie Rendell (wife of Ed Rendell) may be on the short list.
celticdragon
Yes, and the Bork confirmation fight is viewed (at least on the right) as the opening shot in the scorched earth partisan war we have had the last two decades.
Jim Henley
The only truly FUN nominee would be Dawn Johnsen.
Woody
Does anyone actually think Obama would nominate a ‘real liberal,’ or could get such an appointment through the senate?
Think BlueDawg/DINOS, 12 of whom butt-fucked the Party and the People yesterday at the behest of the banksters?
Woody
if the GOP filibusters obama’s nominee the democats ought to open up such a can of whup-ass that it will make republicans piss blood in their sleep.
Exactly WHEN have the Dims EVER done anything even remotely like what you describe?
TR
Don’t worry. There’s no chance in hell you get nominated.
Peter J
Is Harriet Miers still available?
Brian J
It does take two to tango, but both partners don’t have to be intent on stepping on the feet of the other one to cause a problem; only one does. And guess which one that will be? Based on how they’ve acted in recent months, my guess is, it’s going to be the Republicans.
That said, if he does want to move this process along, it seems likely that he’d pick someone who would face an easy confirmation.
Zifnab
@Woody:
Judicial nominees are a bit different from legislative packages. You can amend and tweak a bill and you know exactly what is in it, but you can’t really tweak a judicial nominee. It’s not like they can amend the nomination to be bank friendly.
Obama has a lot more leyway on the judicial front.
Mr. Stuck
Obama announces nomination of Lesbian Latino descendent of Che.
GOP puts both feet in mouth and swallows self.
Charity
I hope whoever “vetted” the Cabinet nominees are kept farrrrrrr away from the list of judges!
Pay your taxes, bitchez!
someguy
The bitterer, the better. I will judge the quality of the nominee by how angry she* makes Republicans.
Bring it on, bitchez. Going to be fun watching you try to suck on it.
* I’m hoping for a black Wahabbist Lesbian Ivy prof with a disability named Sanchez and a side gig as an MSNBC commenter, just to make their heads explode. Rachel Maddow in a head scarf would do the trick, if she could feign a limp for the hearings.
Ben
Brick Oven Bill = cumstain Darryl
oh really
Reid should have been replaced a long, long time ago (as in never chosen in the first place). No matter what he does on any issue, someone else could do it better. He is the most worthless Senate Majority Leader ever.
My hope is that his little deal with Specter will anger enough Dems to throw his sorry ass out. Then, for spite, he could switch to the Republican Party.
Egypt Steve
My thoughts? The uglier and the bitterer the confirmation fight gets, the better. Let the Rethugs dig themselves in with a filibuster over abortion or global warming or torture or whatever they latch onto to try to derail Obama’s nominee. Then run over them with a very large steam roller. Make them eat shit.
glocksman
I have the perfect candidate: Barack Obama.
Think about it.
He has the education, the coalition building/negotiation skills, and the temprament to be a really good Justice.
The only drawback would be President Biden. :)
jcricket
Republicans will bitch about not being consulted, or Obama not nominating a Republican, or Obama nominating a judge on the same day that Jesus died, or whatever. Doesn’t matter – the only thing that makes them happy is complete capitulation (they cannot be appeased).
So Obama should nominate who he wants, and let the Republicans bitch, moan, obstruct, yell, scream and whine. They will look like idiots, and his nominee will get approved, and Obama and Democrats will come out with a couple additional approval % points.
That’s how every battle is shaping up. Even when it appears we are losing the temporary media moment, we’re winning the larger battle of shaping who stands for progress and sensibility, and who stands for “no”. Obama’s even winning the battle as to what “bipartisanship” and “compromise” mean. This is winning more and more independents. So ultimately it won’t matter if 100% of the remaining Republicans oppose Obama and the Democrats. In fact, that will drag make the GOP look even more out of touch and obstructionist given that 75-80% of people will approve of the Dems/Obama.
Scruffy McSnufflepuss
@glocksman:
I already put him out there in Comment #6. But show me where in the Constitution it says the President can’t have a seat on the Supreme Court at the same time. Shit, show me where it says he can’t be in the House AND Senate, too.
If America’s economy has reached the point where the average Joe has to work 2-3 jobs to make ends meet, the President should show some solidarity by picking up an extra job or two himself. Either he should get a gig over at the Supreme Court, or at a local Pizza Hut or something.
joe from Lowell
I think law professor Obama is going to pull out all the stops for his Supreme Court nominees, but that straight-up liberalism isn’t going to be precisely what he wants.
Brachiator
Ain’t gone be no fightin’. Just No Drama Obama mowing down Republigoons. it’s a nice touch that Obama now has Specter over in the DEM column, and they might be able to finally get the Franken issue settled.
I am as giddy as a Catholic School Girl at a Jonas Brothers concert over the prospect of Obama appointing a justice to the Supreme Court. Way to kick off the Second Hundred Days.
During the primary and the general election, I was a bit surprised that the importance of a potential Supreme Court pick wasn’t mentioned more by the Democrats as a “this is why you should vote for me” debating point. No matter.
According to a Washington Post news story:
I take this as a signal from Souter to Obama to bring down some thunder on the Republicans. To paraphrase a great line from the movie, Tombstone:
Barack Obama: All right, Boehner… you called down the thunder, well now you’ve got it! You see that?
[pulls open his coat, revealing a seal]
Barack Obama: It says President of the United States!
John Boehner: [terrified, pleading] Obama, please, I…
Barack Obama: [referring to Rush Limbaugh, laying in a heap] Take a good look at him, Boehner… ’cause that’s how you’re gonna end up!
[shoves Boehner down roughly with his boot]
Barack Obama: The Republicans are finished, you understand? I see a GOP elephant, I butt-kick the man wearin’ it!
[lets Boehner up to run for his life]
Barack Obama: So run, you cur… RUN! Tell all the other curs the law’s comin’!
[shouts]
Barack Obama: You tell ’em I’M coming… and justice is coming with me, you hear?…
[louder]
Barack Obama: Justice is coming with me!
Steve V
A few observations. First, I think it’s weird that Souter is the *youngest* of the so-called liberal bloc and he’s the first one retiring. Second, my impression of the circuit courts is that they are pathetically thin on progressive/Dem-nominated judges. The GOP has had 20 of the last 28 years to fill the courts, and Clinton tended to appoint people who were (1) older than the average GOP appointment when they were nominated, and (2) less ideological. And I’d prefer that Obama not nominate someone in his/her 60s if possible.
I haven’t heard anyone talking about state supreme court justices. I imagine there’s a great deal more ideological diversity in the states, and there must be some great and accomplished judges in that area. As for appointing someone directly from academia (Tribe, Kagan, whoever else), that would be pretty unusual given the way things have been done for the last few decades. They usually would need to spend a couple of years on the circuit court first. But we’ll see. This nomination is coming very early in Obama’s presidency, and I bet hardly any of his circuit court appointments have even taken the bench yet.
TenguPhule
Succeed or Die.
Tom Q
Just to correct something above: Bork wasn’t filibustered; he was flat-out defeated, by (I believe) the worst margin of any Supreme Court nominee in history. It probably wouldn’t have happened had the Dems not taken back the Senate in the previous Fall’s election, but it was a bi-partisan rejection: the Southern Dems and the then-still-active moderate Republicans (Chafee et al.) voted against him en masse.
Sasha
@Jim Henley:
Both Johnsen and Koh are eminently qualified, left-of-center, minorities, opposed to the concept of a unitary executive, and young. Nominate either one and the Right will go absolutely apoplectic.
Ron
It’s stuff like what’s bound to be happening with this that makes me wish Tim Russert was still around. If nothing else, the GOP senators who talk filibuster should be forced to go out and explain why it’s so DIFFERENT now that even though a few years back they said filibustering a judicial nominee was a horrible thing and probably unconstitutional, NOW it’s a civic duty.