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You are here: Home / Politics / Activist Judges! / Good Riddance to Bad Rubbish

Good Riddance to Bad Rubbish

by John Cole|  February 13, 20166:19 pm| 354 Comments

This post is in: Activist Judges!, Assholes, Sociopaths

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scaliagesture

Antonin Scalia is dead, and the world is a better place. He was a wretch of a human being, and I don’t even want to pretend I am anything less than giddy at his passing. If there is a hell, may he rot for eternity next to Andrew Breitbart, and may he be taunted for eternity by the ghosts of the people he helped sentence to death.

“There is no basis in text, tradition, or even in contemporary practice (if that were enough), for finding in the Constitution a right to demand judicial consideration of newly discovered evidence of innocence brought forward after conviction.”

“My concern is that in making life easier for ourselves we not appear to make it harder for the lower federal courts, imposing upon them the burden of regularly analyzing newly-discovered-evidence-of-innocence claims in capital cases (in which event such federal claims, it can confidently be predicted, will become routine and even repetitive).” – Antonin Scalia)

He was a horrible human being who seemed to almost take joy in handing down rulings that punished those already under the boot. He was racist:

“There are – there are those who contend that it does not benefit African Americans to ­­ to get them into the University of Texas where they do not do well, as opposed to having them go to a less­-advanced school, a less – a slower-track school where they do well.

“One of – one of the briefs pointed out that – that most of the – most of the black scientists in this country don’t come from schools like the University of Texas. They come from lesser schools where they do not feel that they’re – that they’re being pushed ahead in – in classes that are too ­­ too fast for them.”

He was a homophobe:

The Supreme Court’s decisions protecting gay rights were not rooted in the Constitution, and their logic could as easily apply to child molesters, Justice Antonin Scalia told a room filled with first-year law students at Georgetown University on Monday.

“What minorities deserve protection?” he asked. “What? It’s up to me to identify deserving minorities?”

He said those decisions should generally be made by the democratic process rather than by judges.

He also allowed that the First Amendment protects political and religious minorities but suggested that there was no principled way for courts to make further distinctions based on the text of the Constitution. “What about pederasts?” he asked. “What about child abusers?”

“This is a deserving minority,” he said sarcastically. “Nobody loves them.”

In my recollection, his only positive attributes were occasional support for the 1st and 4th amendment. But he was a horrible person, whatever his intellect, and it is worth noting that the VERY LAST thing Scalia was planning to do was to go on a hunting trip today, no doubt a canned hunt, to kill defenseless animals for sports.

In his death, he will do us one final favor- to further demonstrate how phony originalism is, as right-wing Constitution fetishists spend the next couple weeks just flat out making shit up on how a Supreme Court Justice is appointed, as they attempt to come up with a way to deny Obama the right to appoint a justice this year.

Fuck him.

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Reader Interactions

354Comments

  1. 1.

    My Truth Hurts

    February 13, 2016 at 6:21 pm

    Fuck him indeed.

  2. 2.

    eemom

    February 13, 2016 at 6:22 pm

    I luvz you John Cole.

  3. 3.

    Keith P.

    February 13, 2016 at 6:23 pm

    I tend to think his support for the 1st amendment was rooted in a personal affection for porn. Just my suspicion, though.

  4. 4.

    Iowa Old Lady

    February 13, 2016 at 6:23 pm

    It’s so nice to see everyone happy.

  5. 5.

    Trentrunner

    February 13, 2016 at 6:23 pm

    For all the kids: Scalia was the linchpin of a conservative majority that gave us Bush v. Gore (giving the election to Bush and stopping any recount), Citizens United (opening floodgates of corporate $ in politics), conservatives ruling on death penalty, gun rights, gay rights, and many, many more.

    If I could have wished the single most consequential conservative person out of office (retired would have been fine, not dead), it would have been Scalia.

    News: CNN is reporting that McConnell has just said there will be no vote on a replacement this year. (They have 54 seats. Dems don’t have enough seats to overcome filibusters.)

    Very interesting.

  6. 6.

    Felonius Monk

    February 13, 2016 at 6:24 pm

    To paraphrase Sammy Davis, Jr’s famous line from the Rowan and Martin Laugh In: There go da judge
    .

  7. 7.

    HeartlandLiberal

    February 13, 2016 at 6:24 pm

    I want to thank Cole for saying what we all feel, and not worrying about the tender sensibilities of people like those in the threads on DailyKos right now, where the sensitivity police are hushing those who are criticizing the dead.

    My response was to rush downstairs, and tell my wife that my agnosticism was temporarily suspended, and I wanted to personally thank God for taking Scalia, although I fully understood it was only a temporary visit before he transited on to much, much warmer climes he deserved for all eternity.

  8. 8.

    Corner Stone

    February 13, 2016 at 6:25 pm

    May he forever fellate the fiery cock of Beelzebub.

  9. 9.

    Fair Economist

    February 13, 2016 at 6:25 pm

    C’mon John, you’re among friends. Let us know how you really feel.

  10. 10.

    Botsplainer, Cryptofascist Tool of the Oppressor Class

    February 13, 2016 at 6:25 pm

    This.

  11. 11.

    Corner Stone

    February 13, 2016 at 6:25 pm

    I think I may actually choose to watch the debate tonight, now.

  12. 12.

    scott (the other one)

    February 13, 2016 at 6:26 pm

    Best day for our great nation since…when? Same sex marriage was legalized? Anyway: great damn day. Positive effects starting immediately. Doesn’t happen often that way.

  13. 13.

    Jim, Foolish Literalist

    February 13, 2016 at 6:26 pm

    @Corner Stone:
    May he forever fellate the fiery cock of Beelzebub.

    that fiery cock can do double duty, they have all eternity

  14. 14.

    JMG

    February 13, 2016 at 6:26 pm

    1. Remind me never to go quail hunting in Texas with Republicans. Seems really dangerous.
    2. He wasn’t the exactly the picture of health in recent years, plus all that bile and rage can’t be good for you.

  15. 15.

    J.

    February 13, 2016 at 6:26 pm

    When I heard that Scalia unexpectedly died, my first thought was “Was he hunting with Dick Cheney?”

    Also, re Ted Cruz’s stupid comment about waiting for the next president to pick Scalia’s replacement, I guess he doesn’t know that Donald Trump’s sister is a senior judge on the U.S. Court of Appeals for the Third District.

  16. 16.

    Yutsano

    February 13, 2016 at 6:27 pm

    I will shed no tears nor celebrate his passing. But holy shit did this election just get muy importante…

    @Jim, Foolish Literalist: Fuck Yertle. Obama should throw up an appointment anyway and let them obstruct. Then Hillary can use it as a wedge issue in the general and maybe even use it for some Senate races.

  17. 17.

    Mathguy

    February 13, 2016 at 6:28 pm

    There are few people that I will not mourn, and Scalia is one of them. Fck him, indeed.

  18. 18.

    trollhattan

    February 13, 2016 at 6:28 pm

    I approve this memorial.

  19. 19.

    Jim, Foolish Literalist

    February 13, 2016 at 6:29 pm

    McConnell has announced not confirmation until we get an elected president
    ETA: Short-Time Harry Reid tells him to stuff it

    probably because Obama never had him over for that drink

  20. 20.

    A Ghost To Most

    February 13, 2016 at 6:29 pm

    It’s the Jubilee! Fuck you Fat Tony.

  21. 21.

    Schlemazel (parmesan rancor)

    February 13, 2016 at 6:29 pm

    The evil that men do lives after them; the good is oft interred with their bones

    His evil wil live a long time. His grave can be tiny

  22. 22.

    hamletta

    February 13, 2016 at 6:30 pm

    @Trentrunner:

    News: CNN is reporting that McConnell has just said there will be no vote on a replacement this year. (They have 54 seats. Dems don’t have enough seats to overcome filibusters.)

    Y’know who else is in I’m-outta-here, no-fucks-to-give mode? Harry Reid, wily manipulator of Senate rules. McConnell’s said to be his equal, so I’m not getting my hopes up. If nothing else, the fireworks will be pretty great for us political nerds.

    Damn, it was glorious to watch Reid fuck with Bill Frist back in the day. Why they put that noob up against Reid is beyond me.

  23. 23.

    Roger Moore

    February 13, 2016 at 6:30 pm

    as they attempt to come up with a way to deny Obama the right to appoint a justice this year.

    They don’t have to deny him the right to appoint a replacement. They just have to exercise their entirely constitutional prerogative to deny him consent when he fails to listen to their advice to appoint somebody considerably to Scalia’s right on all issues.

  24. 24.

    ChrisH

    February 13, 2016 at 6:30 pm

    I don’t know the rules here but denying Obama a vote on his nomination to replace Scalia sounds like a constitutional crisis.

  25. 25.

    Keith P.

    February 13, 2016 at 6:30 pm

    @Iowa Old Lady: My mourning phase only lasted two threads. When Limbaugh dies, I won’t even post an obligatory respectful post…I’ll just go straight into the celebrating.

  26. 26.

    Corner Stone

    February 13, 2016 at 6:33 pm

    @Jim, Foolish Literalist:

    probably because Obama never had him over for that drink

    Why wasn’t he just a little more considerate of their feelings these past few years? And now the nation’s highest court will have an empty seat, due to his rudeness and unsocial behavior towards a co-equal branch.

  27. 27.

    Iowa Old Lady

    February 13, 2016 at 6:33 pm

    @Keith P.: Well, Limbaugh. What else could you do?

  28. 28.

    oldster

    February 13, 2016 at 6:33 pm

    de mortuis nihil nisi Tony

    i.e., don’t speak ill of the dead unless it’s Tony.

  29. 29.

    Elizabelle

    February 13, 2016 at 6:33 pm

    Ten months is too long to not have a vote on a new Justice. F*ck McConnell.

    Scalia’s son was a priest at our local church. He was very popular. Thought of him briefly — it’s hard to lose a parent — but I am not sorry his father is dead. No mixed feelings whatever on Scalia’s passing.

    Scalia was an awful jurist, and not a particularly loving Catholic. Good riddance, indeed.

    Mostly, I was thinking how differently we would feel had it been the notorious RBG.

    Also, that the Court needs protocol for what to do when a Justice’s mental abilities fail, as Scalia’s were.

    NBC saying Scalia was in “robust” health, so this was a surprise. Really?

  30. 30.

    Corner Stone

    February 13, 2016 at 6:33 pm

    I feel like Steph Curry when he’s stroking it nice and easy. I can go all night on this!

  31. 31.

    jacy

    February 13, 2016 at 6:33 pm

    There is a Santa! He’s just a little late.

  32. 32.

    debbie

    February 13, 2016 at 6:34 pm

    @Corner Stone:

    Any chance they’ll cancel or delay the debate?

  33. 33.

    Sonoran

    February 13, 2016 at 6:34 pm

    Don’t forget he was a misogynist too. Evidently the constitution doesn’t specifically cover women…

  34. 34.

    Rosalita

    February 13, 2016 at 6:34 pm

    Damn,took an afternoon nap, woke up and thought I was reading an Onion article.

    Karma

  35. 35.

    Doc Sportello

    February 13, 2016 at 6:35 pm

    This will help Make America Great Again.

  36. 36.

    Joshua Norton

    February 13, 2016 at 6:35 pm

    Scalia is what happens when your one black friend is Clarence Thomas.

  37. 37.

    Brachiator

    February 13, 2016 at 6:35 pm

    @Keith P.:

    I tend to think his support for the 1st amendment was rooted in a personal affection for porn.

    This would have been one of the few principled positions he ever took with respect to the Constitution.

  38. 38.

    bemused

    February 13, 2016 at 6:35 pm

    I heard the news in my car, let out a whoop and thought I’m a very bad person. Then they said it was not yet confirmed and I swore.

  39. 39.

    p.a.

    February 13, 2016 at 6:35 pm

    Too far?: if it’s merely a fine I’ll piss on his grave and pay.

  40. 40.

    Jim, Foolish Literalist

    February 13, 2016 at 6:36 pm

    @ChrisH: I don’t think so, the Court can still function with eight, but it’s when the obstructionism gets so blatant that even Lo-Infos start to figure out what’s going on. Cruz and Trump will echo McConnell, Bush, Katich and maybe Rubio will say “Dammit, you’re supposed to hope he offers a mutually acceptable nominee before he does, then you shut it down and blame him”

  41. 41.

    debbie

    February 13, 2016 at 6:36 pm

    @Elizabelle:

    Ten months is too long to not have a vote on a new Justice. F*ck McConnell.

    I can’t believe that is even legal.

    @Sonoran:

    All the more reason to nominate Anita Hill! (As someone said in the previous thread.)

  42. 42.

    Corner Stone

    February 13, 2016 at 6:36 pm

    @debbie: God no!! This is the ***PERFECT*** event for them to use as a foil!
    They are all walking around fully erect right now, waiting to red meat this mutha up tonight!

    ETA, and by erect I mean they are sporting their little tiny boners in their slacks. Just in case you didn’t catch my meaning.

  43. 43.

    beltane

    February 13, 2016 at 6:36 pm

    At tonight’s debate Trump will pledge to nominate a very yuuge and classy Supreme Court justice. I hear Chris Christie is available.

  44. 44.

    ? Martin

    February 13, 2016 at 6:36 pm

    You know, if Congress denies a hearing, Obama should repeatedly call Congress into session. Everyone in Congress is going to want to be fundraising and campaigning and Obama does have some authority to fuck with that.

  45. 45.

    BBA

    February 13, 2016 at 6:37 pm

    @Sonoran: The rejection of the Equal Rights Amendment should be interpreted to enact its reverse into the Constitution, or some such gibberish.

    (I think the ERA would be redundant with the 14th Amendment, but that’s not a reason to vote against it.)

  46. 46.

    Schlemazel (parmesan rancor)

    February 13, 2016 at 6:37 pm

    @Iowa Old Lady:
    Anything that makes the world less evil should be celebrated. It may be crude to rejoice in his death but he earned the response by making the world less kind and more dangerous and cruel. I can muster no grief for the end of an evil life.

  47. 47.

    jacy

    February 13, 2016 at 6:37 pm

    @JMG:

    I like to think that being a terrible, vile, hurtful, spiteful, bitter person does something to one’s overall health, Dick Cheney be damned.

  48. 48.

    JPL

    February 13, 2016 at 6:37 pm

    @Trentrunner: What about the Constitution? I thought they believed in the Constitution. I’m shocked.

    It appears that the whackos are going to run on, the next nominee is going to take away your guns…

  49. 49.

    pamelabrown53

    February 13, 2016 at 6:38 pm

    I think I must be a really bad person because I’m feeling giddy and almost gleeful. Can’t say I’ll miss him. Republicans are already trying to make the case for not confirming a replacement untill after the next president is sworn in. This is going to be a yoooge clusterfuck.

  50. 50.

    Jim, Foolish Literalist

    February 13, 2016 at 6:38 pm

    @Elizabelle: NBC saying Scalia was in “robust” health, so this was a surprise. Really?

    obese, to look at him maybe morbidly, and if he quit smoking it was within the last few years. Didn’t look like a man fond of exercise.

  51. 51.

    bemused

    February 13, 2016 at 6:38 pm

    What about pending decisions the SC is working on right now? I don’t suppose Republicans give a damn about that either. They are nothing but chaos creators.

  52. 52.

    Isobel

    February 13, 2016 at 6:39 pm

    If all funerals were like this, I might attend them more often. I approve.
    As Shakespeare said, “Nothing in his life became him like the leaving it.”
    Good riddance, fuck him and the horse he rode in and the whole stable for good measure for his horrible racist opinions.

    Eta: spelling

  53. 53.

    beltane

    February 13, 2016 at 6:39 pm

    Scalia wanted to emulate Thomas More but he did not die a martyr’s death. He will only be a saint among wingnuts.

  54. 54.

    Corner Stone

    February 13, 2016 at 6:40 pm

    I love how CNN was fluffing what a “brilliant jurist” he was. For fuck’s sake he quoted the TV show “24” from the damn bench in his reasoning!

  55. 55.

    rk

    February 13, 2016 at 6:40 pm

    I was thinking a few days ago that the best thing that can happen to this country is if both Scalia and Thomas were to drop dead. One out of two isn’t bad.

  56. 56.

    kc

    February 13, 2016 at 6:41 pm

    @Corner Stone:

    Oh yeah.

  57. 57.

    reality-based (the original, not the troll)

    February 13, 2016 at 6:41 pm

    @hamletta:

    Ok, I have an idea.

    Supposedly, Sandra Day O’Connor regrets BOTH her going along with Fat Tony in Bush V Gore and her voluntary retirement form the court.

    Obama should nominate her. She should publicly announce that she will only serve one term.

    She is a reliable vote to preserve roe v wade, at any rate – and not off-the-rails crazy on other stuff.

    Plus, how can the GOP refuse to confirm a woman appointed by ST. eagan?

  58. 58.

    Bill E Pilgrim

    February 13, 2016 at 6:41 pm

    The only legit reason to refuse to approve a Presidential nominee for appointment is that the person is unqualified. Let as many Republicans as possible like Cruz go on record opposing any nominee right now, which nails down that what they’re saying is “Whoever it is, he or she is unqualified”. Which is of course absurd, or should be.

    As opposed to once someone has been named, at which point they can try to pretend the person is actually unqualified.

    Let them sing this, in other words:

    https://www.youtube.com/watch?v=29E6GbYdB1c

  59. 59.

    Corner Stone

    February 13, 2016 at 6:42 pm

    Although to be honest, I do have some regrets on Scalia’s passing. Mainly I regret that I will not be able to watch him be first against the fucking wall when the Bernie Sanders’ Revolution comes to fruition.

  60. 60.

    SarahT

    February 13, 2016 at 6:42 pm

    Can’t bring myself to be anything other than happy he’s gone. Hell, my 82-year-old mother – a bonafide sweet little old lady if ever there was one – just called to told me she was treating herself to a double Johnny Blue ! So cheers, Ma – all we have in the house is a bottle of cheap Chianti and it’s WAY too cold to go to the Liquor Store, but I’ll drink a toast along with you: Here’s hoping the rat bastard died on the shitter !

  61. 61.

    bemused

    February 13, 2016 at 6:42 pm

    @Corner Stone:

    My sibling said he expects smarmy schmaltz at the GOP debate.

  62. 62.

    psychobroad

    February 13, 2016 at 6:43 pm

    I was so happy when I found out I wanted to take to the streets! He was a horrible horrible excuse for a human being, and the “originalist” stuff was such bullshit. I am 55, and never in my life have I been glad to hear someone was dead, until now.

  63. 63.

    Iowa Old Lady

    February 13, 2016 at 6:43 pm

    @rk: I confess I’ve had fantasies of them both being on a golf course and struck by lightning. It would be so poetic. But I’ll take this.

  64. 64.

    A Ghost To Most

    February 13, 2016 at 6:43 pm

    The best thing I can think of to say about Fat Tony dying is, it’s a good start.

  65. 65.

    Corner Stone

    February 13, 2016 at 6:45 pm

    Reid calling it out loud and proud now: Obama should send a nominee to the Senate right away.

  66. 66.

    joel hanes

    February 13, 2016 at 6:45 pm

    Along with Richard Bruce Cheney, Antonin Scalia is on the short list of people to whom I have long hoped to make that final salute that Byron endorsed for Lord Castlereagh.

  67. 67.

    Isobel

    February 13, 2016 at 6:45 pm

    @Corner Stone: I would describe CNN’s coverage as closer to fallating him at this point. I know they can’t speak ill of the dead, but quoting him directly can’t be that bad, can it?

  68. 68.

    oldster

    February 13, 2016 at 6:45 pm

    Elizabeth Warren for SCOTUS!

  69. 69.

    Kay

    February 13, 2016 at 6:47 pm

    @pamelabrown53:

    He really was unnecessarily nasty in his comments and pontificating, though. It was unseemly in someone with so much power, like he was showing off for some unseen audience of fellow conservatives by beating up on people who don’t have nearly the power he had. That sneering tone and grandstanding bullying were just uncalled for, like he was used to people kissing his ass and telling him how clever he was.

  70. 70.

    cbear

    February 13, 2016 at 6:47 pm

    Scalia deader than Kelsey’s nuts? That’s fucking wonderful. I do believe that I’m going to have a nice smooth Jack Daniels on the rocks in celebration.
    Fuck that fuck–just another shithouse rat sinking back down into shitpipe from which he came–with apologies to shithhouse rats.

  71. 71.

    Ultraviolet Thunder

    February 13, 2016 at 6:47 pm

    @SarahT:
    There are exactly two beers in our mostly teetotaling house, by chance. They have been opened and clinked for this occasion. Because we are terrible people.

  72. 72.

    Matt McIrvin

    February 13, 2016 at 6:48 pm

    @Trentrunner:

    CNN is reporting that McConnell has just said there will be no vote on a replacement this year.

    And just like that, it becomes normal.

    From now on, no Republican-controlled Senate will ever vote on a SCOTUS appointee from a Democratic President. Ever.

  73. 73.

    Baud

    February 13, 2016 at 6:48 pm

    @Kay: I didn’t like it either. And no way a liberal justice gets away with that.

  74. 74.

    Stacy

    February 13, 2016 at 6:50 pm

    I kinda feel like I did when they got Osama.

  75. 75.

    SarahT

    February 13, 2016 at 6:51 pm

    @debbie: Hand raised here. But Barney Frank would work for me, too.

  76. 76.

    Jim, Foolish Literalist

    February 13, 2016 at 6:51 pm

    Mark Kirk, Ron Johnson, Kelly Ayotte, Pat Toomey, Portman… none of them are going to want to defend McConnell’s stonewalling. Lisa Murkowski has bucked the GOP before, Lindsey Graham may get his good government hat on (25% chance)

  77. 77.

    trollhattan

    February 13, 2016 at 6:51 pm

    @SarahT:
    I (heart) your mom. :-)

  78. 78.

    Keith G

    February 13, 2016 at 6:52 pm

    BTW: It has been pointed out that SCOTUS decisions are not official until they are announced. This means that any 5-4 votes already held in which Scalia was in the majority are now 4-4. So his death impacts the entire term.

    My spell checker asked me if I wanted to change Scalia to scaliness.

  79. 79.

    MomSense

    February 13, 2016 at 6:52 pm

    My dream nomination is Eric Holder not just for the head explosion factor but also because he more so than anyone was trying to fight the damage Scalia inflicted on the VRA.

    The head explosion factor would be outstanding though.

  80. 80.

    debbie

    February 13, 2016 at 6:52 pm

    @SarahT:

    Someone brought up Elizabeth Warren, which would be a waste of her voice. I think Rich Cordray over at the CFPB might be a fun selection.

  81. 81.

    SarahT

    February 13, 2016 at 6:53 pm

    @cbear:” Scalia deader than Kelsey’s nuts?” LOVE that expression ! My dad used to say it but never would explain who Kelsey was ! Do you know, I hope ?

  82. 82.

    kc

    February 13, 2016 at 6:53 pm

    I hope all the dipshits who were saying they’re going to sit out the election will change their tune.

  83. 83.

    D58826

    February 13, 2016 at 6:53 pm

    VERY LAST thing Scalia was planning to do was to go on a hunting trip today,

    Any one know if Dick Chaney was along for the trip?

  84. 84.

    MomSense

    February 13, 2016 at 6:53 pm

    @Ultraviolet Thunder:

    Cheers!

  85. 85.

    Corner Stone

    February 13, 2016 at 6:53 pm

    @Jim, Foolish Literalist:

    Lindsey Graham may get his good government hat on (25% chance)

    He just flat out harpooned that notion on MSNBC. Ari Melber asked him four times to clarify what he was saying.

  86. 86.

    Gian

    February 13, 2016 at 6:53 pm

    I can only wish that Obama finds a young person for appointment in his or her early 40s. Scalia was one of the first in the Right Wing’s plan to appoint young ideological nuts so as to have a multi-decade tenure. He was a Reagan appointee. about 7 full presidential terms that he was a poison to the country on the court

  87. 87.

    the Conster, la Citoyenne

    February 13, 2016 at 6:54 pm

    The Antonin Scalia parody twitter account I follow is hilarious.

    Antonin Scalia
    ‏@SCOTUS_Scalia

    The founders were clear in their omissions, 2nd amendment rights do not expire at death. Don’t let Obama dig me up and take my casket guns.

    Antonin Scalia
    ‏@SCOTUS_Scalia

    As a true originalist I chose to follow the Founders’ example and die early. I can only hope I made life slightly harder for the rest of you

  88. 88.

    Keith G

    February 13, 2016 at 6:54 pm

    @reality-based (the original, not the troll):

    She should publicly announce that she will only serve one term

    They all serve one term….Life

  89. 89.

    Just Some Fuckhead

    February 13, 2016 at 6:54 pm

    and it is worth noting that the VERY LAST thing Scalia was planning to do

    I’m thinking it probably wasn’t the last thing he planned.

  90. 90.

    SarahT

    February 13, 2016 at 6:54 pm

    @Ultraviolet Thunder: Yes. Yes we are. And I’m GLAD.

  91. 91.

    D58826

    February 13, 2016 at 6:54 pm

    @Keith G: smart spell checker

  92. 92.

    SarahT

    February 13, 2016 at 6:55 pm

    @kc: Right. On.

  93. 93.

    burnspbesq

    February 13, 2016 at 6:55 pm

    Thinking about who might be the biggest Fuck You Mitch nomination Obama could send up.

    Posner? Neal Katyal, who won all the Gitmo detainee cases? Mary Jo White? Warren? Deval Patrick?

    Holder!

  94. 94.

    schrodinger's cat

    February 13, 2016 at 6:55 pm

    Question: When did the Constitution become such a fetish for conservatives?

  95. 95.

    SarahT

    February 13, 2016 at 6:56 pm

    @trollhattan: After a double scotch she’ll love you right back ! :)

  96. 96.

    Graham

    February 13, 2016 at 6:56 pm

    @reality-based (the original, not the troll):

    Ok, I have an idea.

    I have an another idea.

    If the Senate Republicans stonewall on Scalia’s replacement, arrange for rumours from the Clinton campaign that Hillary intends to appoint Obama as soon as the Democrats take back the Senate next year.

  97. 97.

    the Conster, la Citoyenne

    February 13, 2016 at 6:56 pm

    @schrodinger’s cat:

    January 20, 2009.

  98. 98.

    Kay

    February 13, 2016 at 6:56 pm

    @Baud:

    He reminded me of a poorly-raised smart kid. He took every opening. Never had the grace to just let the chance to take a shot go by. I know he can destroy people, verbally. Lots of smart people can. The question is why he felt he had to.

  99. 99.

    Jim, Foolish Literalist

    February 13, 2016 at 6:57 pm

    @burnspbesq: the one who always stood out to me in previous game of speculation was Diane Wood

  100. 100.

    Gian

    February 13, 2016 at 6:57 pm

    @burnspbesq:
    David Boies

  101. 101.

    Heliopause

    February 13, 2016 at 6:58 pm

    Even money it was autoerotic asphyxiation.

  102. 102.

    Baud

    February 13, 2016 at 6:58 pm

    As president, I will appoint a liberal justice who is still in utero. Let’s see the conservatives debate when life begins then.

  103. 103.

    schrodinger's cat

    February 13, 2016 at 6:59 pm

    @the Conster, la Citoyenne: Nah, the craziness may have intensified but I remember that it was a shibboleth during the Dubya years too.

  104. 104.

    reality-based (the original, not the troll)

    February 13, 2016 at 6:59 pm

    @joel hanes: @joel hanes:

    ok, the Google failed me – exactly what DID Byron recommend for lord Castlereagh?

  105. 105.

    SarahT

    February 13, 2016 at 6:59 pm

    @debbie: Agree.

  106. 106.

    Matt McIrvin

    February 13, 2016 at 6:59 pm

    @JPL: Does the Constitution say they can’t do that? It says “advice and consent”, but it doesn’t give a time limit. If the Senate decides to simply refuse to consent to anybody, presumably they can; the remedy is to get new Senators.

  107. 107.

    trollhattan

    February 13, 2016 at 6:59 pm

    @schrodinger’s cat:
    AL posted moron Gov Abbott’s statement above, which has Constitution four times in the single paragraph, two of which are “written Constitution.”

    Some kind of conservative dog whistle, no doubt.

  108. 108.

    schrodinger's cat

    February 13, 2016 at 6:59 pm

    @Baud: May be Hillary can appoint Sponge Baud Square Pants to the Supreme Court.

  109. 109.

    C.S.Strowbridge

    February 13, 2016 at 7:00 pm

    “Antonin Scalia is dead, and the world is a better place. He was a wretch of a human being, and I don’t even want to pretend I am anything less than giddy at his passing.”

    I’m glad I’m not the only one who feels that way.

  110. 110.

    D58826

    February 13, 2016 at 7:00 pm

    @Matt McIrvin: Well that is logical according to Turtle’s
    s way of thinking. It would be inappropriate to fill the seat with an election coming up. Of course on Jan.21st 2017 there will be an election coming up in less than 2 years so we can’tr fill the seat then either. Since there is ALWAYs an election coming up Justice John Marshall’s seat would still be vacant.

  111. 111.

    Yutsano

    February 13, 2016 at 7:00 pm

    Supreme Court Justice Goodwin Liu from California. I’m good with that! First Asian on the court. Let the Republicans deny THAT hearing.

  112. 112.

    SarahT

    February 13, 2016 at 7:00 pm

    @burnspbesq: Ooh ! Eric Holder would be a fabulous choice !

  113. 113.

    eric

    February 13, 2016 at 7:01 pm

    I say Obama call Lawrence Tribe just to get his hopes up and then ask him if it is snowing where he is. I hate that prick.

    as for replacement…..Sri all the way.

  114. 114.

    Matt McIrvin

    February 13, 2016 at 7:01 pm

    @burnspbesq: Loretta Lynch.

  115. 115.

    Elizabelle

    February 13, 2016 at 7:01 pm

    @Jim, Foolish Literalist: I agree.

    One third of the Senate is up for re-election, and some of them may not be culture warriors eager to deny Obama a vote on a qualified nominee, or a vote AT ALL.

    Of course McConnell is going to bluster like that.

    Give it to him with both barrels, Harry Reid.

  116. 116.

    SarahT

    February 13, 2016 at 7:01 pm

    @Baud: Yes, and it should be an anchor baby fetus !

  117. 117.

    Tommy

    February 13, 2016 at 7:01 pm

    @Baud: Just coming to this thread and I assume like everybody has said this already, but NO chance Obama can get any justice approved.

  118. 118.

    schrodinger's cat

    February 13, 2016 at 7:02 pm

    @trollhattan: Abbott? Sounds like a butler at some great English house. Is that the governor of Texas.

  119. 119.

    eric

    February 13, 2016 at 7:02 pm

    William Jefferson Clinton ;)

  120. 120.

    sparrow

    February 13, 2016 at 7:02 pm

    @reality-based (the original, not the troll): Actually not a bad idea…

  121. 121.

    JPL

    February 13, 2016 at 7:03 pm

    @Matt McIrvin: So much for the Constitution.

  122. 122.

    Jim, Foolish Literalist

    February 13, 2016 at 7:03 pm

    @Matt McIrvin: as with publicly saying his goal was to make Obama a one term president, McConnell jumped the gun. Two of the biggest Kinsleyan gaffes I can remember from the same dimwitted hack.

  123. 123.

    joel hanes

    February 13, 2016 at 7:03 pm

    @reality-based (the original, not the troll):

    the Google failed me

    Ah. Well:

    [clears throat]

    Posterity will ne’er survey
    a Nobler grave than this:
    Here lie the bones of Castlereagh:
    Stop, traveler, and piss.

  124. 124.

    lgerard

    February 13, 2016 at 7:04 pm

    Harriet Miers is tanned and rested

    …just saying

  125. 125.

    GregB

    February 13, 2016 at 7:04 pm

    @burnspbesq:

    Smart pool would be to put forth someone who’s stonewalling can be used as a club when the Senate won’t vote.

    Make the Blue State one offs like Kirk, Toomey and Johnson squirm under the heat.

  126. 126.

    Tripod

    February 13, 2016 at 7:04 pm

    If the fuckwits want to play politcs, the President should nominate a woman and/or minority and lob that in Yertle’s lap.

  127. 127.

    trollhattan

    February 13, 2016 at 7:04 pm

    @schrodinger’s cat:
    Yup. Third moron of the Lone Star trifecta.

  128. 128.

    Yutsano

    February 13, 2016 at 7:04 pm

    @burnspbesq: Goodwin. It’s a twofer.

    @Baud: Goodwin Liu is 45 years old. He’s already on the California Supreme Court and was under consideration for a federal judgeship before which got torpedoed but only because there’s a NI-CLANG!!! In the White House. I just feel he would turn it down but he’s beyond competent.

  129. 129.

    burnspbesq

    February 13, 2016 at 7:05 pm

    In ordinary circumstances, Srinivasan would be a lock. Age 47, and confirmed by 97-0 when Obama nominated him to the D.C. Circuit three years ago.

    Nagahappen.

  130. 130.

    reality-based (the original, not the troll)

    February 13, 2016 at 7:05 pm

    @Keith G:

    well, of course – but there’s nothing to stop a prospective nominee from publicly announcing that if confirmed, she would be retiring at the end of the 2016/2017 COURT term – –

    and, of course, my mostly tongue in cheek suggestion would only go into effect AFTER the Dems have gone balls to the wall fighting for whoever Obama nominates , made a huge stink about republican obstructionism –
    THEN pull the Sandra rabbit out of the hat –

  131. 131.

    Baud

    February 13, 2016 at 7:05 pm

    Stop suggesting old people, folks.

  132. 132.

    pamelabrown53

    February 13, 2016 at 7:06 pm

    @Kay:
    There was an aura of cruelty about him. He seemed like he was better suited to the Borgias.

  133. 133.

    Corner Stone

    February 13, 2016 at 7:06 pm

    @schrodinger’s cat: All my wingnut ass associates have been waving their shirt pocket sized Constitution since the WJC admin.
    “RULE OF LAW!! RULE OF LAW!!!”

    *Not kidding. They would actually pull the pocket sized Constitution out of their shirt pocket and wave it in my direction while foaming at the mouth.

  134. 134.

    joel hanes

    February 13, 2016 at 7:06 pm

    @Yutsano:

    Supreme Court Justice Goodwin Liu

    A superb choice, strategically, tactically, and in terms of judicial philosophy.

  135. 135.

    Botsplainer, Cryptofascist Tool of the Oppressor Class

    February 13, 2016 at 7:06 pm

    How does the Senate reject someone like, say Posner?

  136. 136.

    burnspbesq

    February 13, 2016 at 7:06 pm

    @Yutsano:

    Th Republicans refused to confirm Liu to the Ninth Circuit.

  137. 137.

    WereBear

    February 13, 2016 at 7:06 pm

    @SarahT: Kelsey was a famous dead body during the Yellow Journalism period. They kept finding more of him, if you know what I mean.

  138. 138.

    Corner Stone

    February 13, 2016 at 7:06 pm

    @Baud: No shit. If they can drive 55MPH they are out of contention. Period.

  139. 139.

    trollhattan

    February 13, 2016 at 7:07 pm

    @lgerard:
    And Dubya is still dreeeeamy.

    What an episode that was.

  140. 140.

    divF

    February 13, 2016 at 7:08 pm

    @Heliopause: Seriously, I’m betting he stroked out, with heart attack a close second.

  141. 141.

    Nate Dawg

    February 13, 2016 at 7:08 pm

    @Botsplainer, Cryptofascist Tool of the Oppressor Class: Cuz he’s fucking ancient and Obama won’t nominate him.

    Frankly, we need a millennial justice. I nominate Justin Bieber.

  142. 142.

    joel hanes

    February 13, 2016 at 7:08 pm

    @pamelabrown53:

    an aura of cruelty about him

    Read up on Opus Dei. He was a member.

  143. 143.

    schrodinger's cat

    February 13, 2016 at 7:08 pm

    For many conservatives, the Constitution is like the Bible and the founding fathers are like the biblical patriarchs. I have seen some awful art that expresses a similar POV.

  144. 144.

    GregB

    February 13, 2016 at 7:09 pm

    @Yutsano:

    And there you go.

    A built in get out the vote effort.

  145. 145.

    Yutsano

    February 13, 2016 at 7:09 pm

    @burnspbesq: Doesn’t mean Obama can’t nominate him. Not to mention the optics of denying an Asian Supreme Court justice are even more stark than a 9th Circuit judge. I also happen to think he’d do amazing in the role.

    @divF: If it wasn’t for the fact that he reportedly died in his sleep, I’d think the cannoli finally won.

  146. 146.

    WaterGirl

    February 13, 2016 at 7:09 pm

    @reality-based (the original, not the troll): I would never put Sandra Day O’Connor back on the court. Anyone who would vote like that in Bush v. Gore and knew better even as she did it… that person has no business being on the supreme court.

  147. 147.

    BBA

    February 13, 2016 at 7:09 pm

    @Botsplainer, Cryptofascist Tool of the Oppressor Class: He supports marijuana legalization, which is downright un-American.

  148. 148.

    AnotherBruce

    February 13, 2016 at 7:09 pm

    @Jim, Foolish Literalist:No, Miss Lindsay already stated that he’s pissed that the Democrats changed the rules. He just slightly danced around the fact that the Republicans were filibustering every Obama nominee, and were setting records for filibusters. Fuck him, I hope he gets his worthless ass primary’d.

  149. 149.

    schrodinger's cat

    February 13, 2016 at 7:10 pm

    @Nate Dawg: JB is Canadian, how about Miley Cyrus.

  150. 150.

    raven

    February 13, 2016 at 7:10 pm

    @Botsplainer, Cryptofascist Tool of the Oppressor Class: Pitty Pat said it doesn’t matter who Obama nominates. No vote because of the change in filibuster rules.

  151. 151.

    Nate Dawg

    February 13, 2016 at 7:11 pm

    @schrodinger’s cat: Oh fuck, that’s right. Well, Lindsey Graham wants a consensus candidate, so maybe Lady Gaga would do it for him?

  152. 152.

    Roger Moore

    February 13, 2016 at 7:11 pm

    @divF:

    Seriously, I’m betting he stroked out, with heart attack a close second.

    Complications of senile dementia. He’s been showing the signs for a while now.

  153. 153.

    NotMax

    February 13, 2016 at 7:11 pm

    Harry Reid:

    “There is no doubt Justice Antonin Scalia was a brilliant man. We had our differences and I disagreed with many of his opinions, but he was a dedicated jurist and public servant. I offer my condolences to his family.”

    “The President can and should send the Senate a nominee right away. With so many important issues pending before the Supreme Court, the Senate has a responsibility to fill vacancies as soon as possible. It would be unprecedented in recent history for the Supreme Court to go a year with a vacant seat. Failing to fill this vacancy would be a shameful abdication of one of the Senate’s most essential Constitutional responsibilities.” Source

    @divF

    He was a longtime cigrarette and pipe smoker.

  154. 154.

    BBA

    February 13, 2016 at 7:11 pm

    @schrodinger’s cat: For many liberals, too. I’ve taken to calling it ancestor worship.

  155. 155.

    burnspbesq

    February 13, 2016 at 7:12 pm

    Oh, shit. Do you know who the Chair of the Senate Judiciary Committee is?

    Chuck Fucking Grassley.

  156. 156.

    Tommy

    February 13, 2016 at 7:12 pm

    @Baud: I want a young person. Maybe I am not super old. 47. I am not so old that it isn’t foreign to assume somebody of my age has some clue. Pretty sure there is a legal guy/gal out there that will stand the test of time.

  157. 157.

    liberal

    February 13, 2016 at 7:13 pm

    @burnspbesq: Mary Jo White and Eric Holder are way too close to Wall Street.

  158. 158.

    SarahT

    February 13, 2016 at 7:13 pm

    @WereBear: Thank you- So good to FINALLY have an answer to the Kelsey’s Nuts question !

  159. 159.

    Tripod

    February 13, 2016 at 7:13 pm

    @joel hanes:

    Nominate a Latino, and hammer away. They’ll knuckle under.

  160. 160.

    superpredators4hillary

    February 13, 2016 at 7:13 pm

    While some may be horrified, we have to send a message that celebrating death is an entirely appropriate activity on a pro-Hillary blog.

  161. 161.

    Roger Moore

    February 13, 2016 at 7:13 pm

    @AnotherBruce:

    No, Miss Lindsay already stated that he’s pissed that the Democrats changed the rules.

    Yes, but they didn’t change them for Supreme Court nominations, so that’s a pretty lame excuse.

  162. 162.

    Corner Stone

    February 13, 2016 at 7:14 pm

    50 to 53 should be the top most limit for any nominee. Anybody over 55 who is liberal enough to swing the scales will never get confirmed anyway. At this point if we could find a black thespian schmorgsboard of Kagan and Sotomayor I may follow Scalia and stroke out to indentured servitude pr0n.

  163. 163.

    divF

    February 13, 2016 at 7:14 pm

    @Yutsano:

    I’d think the cannoli finally won.

    It would have only been fitting – Scalia did have the Peter Clemenza look to him.

  164. 164.

    rk

    February 13, 2016 at 7:14 pm

    @Yutsano:

    An Asian on the supreme court. I wonder how the republicans will deal with that. However they deal with it, it’ll guarantee that they’ll lose the asian vote (the only minority that they’ve not publically berated or offended yet).

    But how about a muslim? I want that to happen just to watch the emotional nuclear bomb that’ll go off.

  165. 165.

    Elizabelle

    February 13, 2016 at 7:15 pm

    I wonder if Scalia died instantly, or if he had a few moments to contemplate he was dying on a (Kenyan) Democratic president’s watch.

    Whatever. Dead is dead, and I am glad he is off the Court.

  166. 166.

    liberal

    February 13, 2016 at 7:15 pm

    @A Ghost To Most: Hopefully Roberts will die of an epileptic fit soon, the corporate-beholden scum.

  167. 167.

    burnspbesq

    February 13, 2016 at 7:15 pm

    @liberal:

    If you think that, you haven’t been paying attention to what the SEC has been doing during her chairmanship.

  168. 168.

    JPL

    February 13, 2016 at 7:15 pm

    @Matt McIrvin: They are refusing to have a hearing. They aren’t even allowing the advise part.

  169. 169.

    Fair Economist

    February 13, 2016 at 7:15 pm

    @Jim, Foolish Literalist:

    Mark Kirk, Ron Johnson, Kelly Ayotte, Pat Toomey, Portman… none of them are going to want to defend McConnell’s stonewalling. Lisa Murkowski has bucked the GOP before, Lindsey Graham may get his good government hat on (25% chance)

    They won’t want to defend it, but it would take 60 votes to bring a nomination up and even all of those with all the non-Republicans is only 53.

  170. 170.

    Nate Dawg

    February 13, 2016 at 7:15 pm

    @Tripod: The base hates Latinos. What we need is a white Protestant woman. Church lady, but secret liberal. Let’s see them tear down a family woman with children and God on her side. Go for it, assholes.

  171. 171.

    WereBear

    February 13, 2016 at 7:16 pm

    It gives me hope that smug assholery will prove eventually fatal.

  172. 172.

    Corner Stone

    February 13, 2016 at 7:16 pm

    @superpredators4hillary: I’m enjoying that line of approach but you’re not going to get much traction with this vile fuck being gone.

  173. 173.

    Corner Stone

    February 13, 2016 at 7:16 pm

    @WereBear: Well…eventually.

  174. 174.

    Roger Moore

    February 13, 2016 at 7:17 pm

    @rk:

    the only minority that they’ve not publically berated or offended yet

    Except for that time when Bush was saying anchor babies were about Chinese birth tourism. And, in general, immigrant bashing is likely to anger Asians even more than Latinos, since a higher percentage of Asians are immigrants.

  175. 175.

    reality-based (the original, not the troll)

    February 13, 2016 at 7:17 pm

    @joel hanes:

    Ah. Well. An appropriate salute, but one more easily performed by you gentlemen than us ladies – especially in Byron’s day.

    However, for the honor of pissing on Fat Tony’s grave – i would cheerfully unlace and unsnap all the bloomers and petticoats and complicated undergarments necessary!

  176. 176.

    kc

    February 13, 2016 at 7:17 pm

    @Tripod:

    Yep.

  177. 177.

    Just Some Fuckhead

    February 13, 2016 at 7:17 pm

    @Nate Dawg:

    I nominate Justin Bieber.

    Hear, hear! Justice Bieber!

  178. 178.

    ChrisH

    February 13, 2016 at 7:18 pm

    @Matt McIrvin: If stuff like this was being pulled by a nation in East Asia or South America, I bet you’d have people calling it a failed state.

    Though this builds into the larger narrative of this upcoming election: Republicans can’t really be trusted. They will subvert the rule of law to try to hold onto more power, and when given control have a nasty tendency to poison their constituents or bring about other negative results.

  179. 179.

    Matt McIrvin

    February 13, 2016 at 7:18 pm

    @JPL: “Fuck you” is a kind of advice, I guess.

  180. 180.

    divF

    February 13, 2016 at 7:19 pm

    @Roger Moore:

    Complications of senile dementia. He’s been showing the signs for a while now.

    That’s why I’m betting stroke. His behavior had been consistent with little cerebral bleeds. Then he finally got the big one.

  181. 181.

    Hildebrand

    February 13, 2016 at 7:19 pm

    @burnspbesq: I think Obama should nominate Cecile Richards.

  182. 182.

    Felonius Monk

    February 13, 2016 at 7:19 pm

    @Baud:

    As president, I will appoint a liberal justice who is still in utero.

    I think this is an excellent idea given that your candidacy is currently in vitro.

  183. 183.

    Graham

    February 13, 2016 at 7:20 pm

    @JPL:

    They are refusing to have a hearing. They aren’t even allowing the advise part.

    Then Obama can make a recess appointment.

  184. 184.

    burnspbesq

    February 13, 2016 at 7:20 pm

    Justice Justise Winslow.

  185. 185.

    Eric S.

    February 13, 2016 at 7:20 pm

    I was in a small furniture store with The Girl. It was just us and the salesman. The salesman’s sister called to tell him the news. When he told us, The Girl asked, “Who? ” I barely kept myself from dancing a jig.

  186. 186.

    Trentrunner

    February 13, 2016 at 7:21 pm

    CNN: Obama intends to nominate a new Supreme Court Justice.

    LOL Obama still giving absolutely no fucks bout the GOP’s fake feelings.

  187. 187.

    NotMax

    February 13, 2016 at 7:21 pm

    @Tommy

    Was under the impression you don’t turn 47 until July.

    Don’t rush it, the years add up all too fast as it is. ;)

  188. 188.

    p.a.

    February 13, 2016 at 7:21 pm

    @eric: Wasn’t he a Bushite?

  189. 189.

    rk

    February 13, 2016 at 7:21 pm

    @WereBear:

    It gives me hope that smug assholery will prove eventually fatal

    .

    Actually it seems proves the opposite. Assholery, smoking, obesity and evil seems to lead to a long life. He wasn’t exactly a spring chicken at 79.

  190. 190.

    GregB

    February 13, 2016 at 7:21 pm

    The Constitution says that the sitting President gets to nominate Supreme Court appointees.

    Get over it.

  191. 191.

    eemom

    February 13, 2016 at 7:22 pm

    I really wish the folks prognosticating about what’s gonna happen with the successor Justice — especially those confidently proclaiming out their ignorant asses that “NO WAY is any successor Obama appoints gonna be approved” — would kindly STFU. Cuz you have no idea what you’re talking about, nor does anybody else who makes any predictions on that subject at this point. kthxbai.

  192. 192.

    lgerard

    February 13, 2016 at 7:23 pm

    So who are the other 2 of the death trifecta going to be?

    Schlafy and Limbaugh would be nice

    Dobson and O’Reilly would also be acceptable

  193. 193.

    Just Some Fuckhead

    February 13, 2016 at 7:23 pm

    @Roger Moore:

    Complications of senile dementia. He’s been showing the signs for a while now.

    This must be what Crazy Pat Robertson has been suffering from the last 40 years.

  194. 194.

    Nate Dawg

    February 13, 2016 at 7:23 pm

    @superpredators4hillary: He literally supports throwing good, hard-working family people into the gulag for the crime of sucking dick.

    How awful does someone have to be before you will celebrate their death?

  195. 195.

    NotMax

    February 13, 2016 at 7:24 pm

    @Trentrunner

    Memo to CNN:

    DUH! It’s. His. Job.

    Would become news if he announced he wasn’t going to nominate.

  196. 196.

    Jim, Foolish Literalist

    February 13, 2016 at 7:24 pm

    @Trentrunner: CNN: Obama intends to nominate a new Supreme Court Justice.

    Good

  197. 197.

    divF

    February 13, 2016 at 7:24 pm

    @lgerard:
    Don’t waste one on Phyllis – she’s 91, and likely to go soon anyway.

  198. 198.

    GregB

    February 13, 2016 at 7:25 pm

    God must love the shit out of Fidel Castro.

  199. 199.

    Roger Moore

    February 13, 2016 at 7:25 pm

    @WereBear:

    It gives me hope that smug assholery will prove eventually fatal.

    Life is eventually fatal, so I wouldn’t read too much into Scalia dying. If smug assholery were genuinely dangerous, you’d hope he would have died a long time ago.

  200. 200.

    Felonius Monk

    February 13, 2016 at 7:26 pm

    @efgoldman:

    Three posts and he’s still dead.

    Well, I guess that proves he was no messiah and God wants him to stay dead. Whew.

  201. 201.

    Trentrunner

    February 13, 2016 at 7:26 pm

    @NotMax: Right, but the point is that Obama came out NOW, a few hours after the death announcement, to lay down his marker and say, “No, dickheads, I won’t cower over your petty fucking threats.”

    This is good. Now waiting for HRC’s statement.

  202. 202.

    Roger Moore

    February 13, 2016 at 7:27 pm

    @lgerard:

    Dobson and O’Reilly would also be acceptable

    I’m holding out for Thomas and Roberts.

  203. 203.

    Nate Dawg

    February 13, 2016 at 7:27 pm

    MSNBC just telling me that he is “so well liked”. Our liberal media!

  204. 204.

    Mike in NC

    February 13, 2016 at 7:27 pm

    President Ted Cruz would nominate himself to sit on the Supreme Court, because he thinks he’s so freaking awesome he could easily do both jobs simultaneously.

  205. 205.

    ChrisH

    February 13, 2016 at 7:27 pm

    @Graham: Wikipedia says you can recess appoint Supreme Court justices, and I think it’s impossible to pro-forma the gap between this congress and the next one, so this could potentially fly if the GOP does prevent a vote. The only caveat is a recess appointment to SCOTUS is only temporary and has to be re-endorsed by the next senate. This may mean such a recess appointment would last either two years or less than a week.

    Assuming the 2 years works out though…there seems to be a fun carrot and stick. Obama nominates a more reasonable canddiate and looks for a vote, and then if none comes, recess appoints whomever would make the GOP’s heads explode the most.

  206. 206.

    SarahT

    February 13, 2016 at 7:28 pm

    The Onion : “Justice Scalia Dead Following 30-year Battle With Social Progress”

  207. 207.

    JPL

    February 13, 2016 at 7:28 pm

    @Graham: haha.. Then the Supreme Court can overrule it.. Oh whoops.. maybe not.

  208. 208.

    Keith G

    February 13, 2016 at 7:28 pm

    @eemom:

    ..would kindly STFU. Cuz you have no idea what you’re talking about….

    Of course!

    But there ya go, peeing all over some understandably restorative, jubilant excess.

  209. 209.

    AxelFoley

    February 13, 2016 at 7:29 pm

    Cole, please don’t hold back.

    While I won’t celebrate the man’s death, I won’t be shedding any tears for him.

  210. 210.

    Immanentize

    February 13, 2016 at 7:29 pm

    This is such an excellent opportunity to troll the senate. I have two favorites:
    Tom Perez, former head of the DOJ civil rights division or Elizabeth Warren.

    The republicans will say. Al sorts of racist a-hole mysogony things

  211. 211.

    Trentrunner

    February 13, 2016 at 7:30 pm

    I fucking hate the cable news coverage of the “human side” of these figures.

    Recap Scalia’s judicial history and assess the consequences of his rulings.

    I do not give a fuck how many kids or grandkids this dude had, or how “salty” his private exchanges (of bodily fluids) were.

  212. 212.

    Keith G

    February 13, 2016 at 7:30 pm

    @GregB: This is a great retort.

  213. 213.

    Davis X. Machina

    February 13, 2016 at 7:30 pm

    @Trentrunner: Pres gets to nominate, all right — and the Senate gets to log-roll for as long as it likes, or can stand the gaff.

    I’m guessing that’s six months, anyways.

    All in line with the political theory “That government is best that can’t, or refuses to.”

  214. 214.

    AxelFoley

    February 13, 2016 at 7:30 pm

    @Iowa Old Lady:

    LOL a rare thing here.

  215. 215.

    Tripod

    February 13, 2016 at 7:30 pm

    @Trentrunner:

    Why did McConnell immediately roll over and show a weak hand?

  216. 216.

    p.a.

    February 13, 2016 at 7:31 pm

    @WereBear: What did I ever do to you!

  217. 217.

    The Republic, Blah Blah Blah...

    February 13, 2016 at 7:31 pm

    @p.a.:

    if it’s merely a fine I’ll piss on his grave and pay.

    There’s a quality C&W song hiding inside that phrase…

    And as far as Scalia is concerned, you could probably sell tickets for the chance to do so…

  218. 218.

    Matt McIrvin

    February 13, 2016 at 7:32 pm

    @eemom:

    I really wish the folks prognosticating about what’s gonna happen with the successor Justice — especially those confidently proclaiming out their ignorant asses that “NO WAY is any successor Obama appoints gonna be approved” — would kindly STFU.

    What, like Mitch McConnell?

  219. 219.

    lgerard

    February 13, 2016 at 7:32 pm

    McConnell:

    “The American people‎ should have a voice in the selection of their next Supreme Court Justice”.

    They already exercised that voice dumbass. Millions of people voted for Obama for just this moment.

  220. 220.

    reality-based (the original, not the troll)

    February 13, 2016 at 7:32 pm

    @WaterGirl:

    yes, but – here’s her chance to atone. Hey, I’m not saying she’s a GOOD choice, or anyone I’d want on for life –

    – just positing her as fuck-you to the ReThugs is they do stonewall

  221. 221.

    Tommy

    February 13, 2016 at 7:34 pm

    @SarahT: On a scale of 1-10 I got no desire to dance on this man’s grave. None. But his replacement is going to be fierce. An epic fight.

  222. 222.

    Nate Dawg

    February 13, 2016 at 7:34 pm

    It’s just so deeply irresponsible for the Senate (representing a minority of the population, mind you, given the skewing to land instead of people) to leave the court in a 4-4- situation during an election year.

    Basically taking one of the checks & balances put in place to fend off coups and unrest and saying “naw, fuck that.”

    Patriots, they surely are. Country first.

  223. 223.

    Roger Moore

    February 13, 2016 at 7:34 pm

    @Nate Dawg:

    MSNBC just telling me that he is “so well liked”. Our liberal media

    My impression is that he was genuinely well liked by people who knew him personally. It sounds as if his former clerks really loved him, and he was Notorious RBG’s BFF. That sounds like somebody who was well liked.

  224. 224.

    The Pale Scot

    February 13, 2016 at 7:34 pm

    Ding Dong the Bastards’ Dead…. the Bastards’ Dead….. the Bastards’ Dead

    Ding dong the dickish Bastards’ dead….

  225. 225.

    AdamK

    February 13, 2016 at 7:35 pm

    I am moved to mourn him in the spirit of Bob Dylan:

    And I hope that you die
    And your death’ll come soon
    I will follow your casket
    By the pale afternoon
    And I’ll watch while you’re lowered
    Down to your deathbed
    And I’ll stand o’er your grave
    ‘Til I’m sure that you’re dead

  226. 226.

    WereBear

    February 13, 2016 at 7:36 pm

    Considering the timing, I can say: nothing became his life more than the leaving of it.

  227. 227.

    SarahT

    February 13, 2016 at 7:37 pm

    @Tommy: Hey, I don’t want to dance on his grave, either – it’s too damn cold outside.

  228. 228.

    p.a.

    February 13, 2016 at 7:37 pm

    @GregB: No, the Constitution specifically states that in the last year of a 2 term Presidency SCOTUS nominations must wait for the next President. q.e.d.

  229. 229.

    Roger Moore

    February 13, 2016 at 7:37 pm

    @Immanentize:

    This is such an excellent opportunity to troll the senate. I have two favorites:
    Tom Perez, former head of the DOJ civil rights division or Elizabeth Warren.

    I propose going whole hog and nominating Richard Trumka. He’s a lawyer, and an obvious expert on labor law. We could use a mind like his on the Supreme Court.

  230. 230.

    Jim, Foolish Literalist

    February 13, 2016 at 7:37 pm

    even the liberal politico agrees…

    Glenn Thrush ‏@ GlennThrush
    Ladies and gentlemen — don’t get spun — there’s nothing normal/routine about Senate leader telling a president not to even try a nominee

    who the hell would be buying it who isn’t already a Republican?

  231. 231.

    debbie

    February 13, 2016 at 7:40 pm

    @Baud:

    I like that! You could just float the idea in your inaugural and then gauge the reaction.

  232. 232.

    SarahT

    February 13, 2016 at 7:41 pm

    @lgerard: “They already exercised that voice dumbass. Millions of people voted for Obama for just this moment.” This times infinty

  233. 233.

    liberal

    February 13, 2016 at 7:41 pm

    @burnspbesq: LOL. You’re the guy who kept blithering that the TPP needs 2/3 of the Senate to pass, right? What should anyone listen to a blubbering idiot?

  234. 234.

    Misamericanthrope

    February 13, 2016 at 7:42 pm

    Can we get the Westboro Baptist Church to protest at his funeral? Perhaps they would fall into the open grave and we’d be done with the lot of them!

  235. 235.

    Davis X. Machina

    February 13, 2016 at 7:43 pm

    The underlying GOP rationale for McConnell’s move is airtight, if implicit.

    A justice of the US Supreme Court should be an American.
    No Democrat is an American.
    No Democrat should be a SC justice. QED.

    So we’ve got basically a civil war, where half of the country thinks the other half of the country isn’t actually part of the country. It’s 1860, mutatis mutandis –then the logic was no Republican can be president of the US, because Republicans aren’t really Americans…

    No shooting this time, yet, Thank God for small favors.

  236. 236.

    The Republic, Blah Blah Blah...

    February 13, 2016 at 7:43 pm

    @Heliopause:

    Even money it was autoerotic asphyxiation.

    That was my first wish too… like the opening scene from The Ruling Class…

  237. 237.

    oldgold

    February 13, 2016 at 7:44 pm

    If the GOP wants to play politics with this, so can Obama. In selecting a nominee he needs to carefully consider how a denial of a vote on the nominee could positively impact the upcoming election.

  238. 238.

    feebog

    February 13, 2016 at 7:45 pm

    @Roger Moore:

    Well, my choices would be Alito and Thomas. Think about it for a minute. If either of those assholes should also croak then the liberals would have a 4-3 majority. Conservative heads would explode all over the country.

  239. 239.

    Davey C

    February 13, 2016 at 7:46 pm

    I have been vacillating between Hilary and Bernie. Until this news. Now my only consideration is who is more electable. I presume that person to be Hilary, although I’m happy to entertain arguments to the contrary.

  240. 240.

    eemom

    February 13, 2016 at 7:47 pm

    Incidentally, wrt scumbag McConnell — wow, isn’t THAT a fine classy thing for a republican party leader to be doing — politicizing the death of poor Tony before he’s even COLD….

  241. 241.

    DesertFriar

    February 13, 2016 at 7:47 pm

    @GregB:

    Absolute best result.

    President Obama nominates a liberal nominee. McConnell says “we are not doing anything on this”,

    Supreme Counts says “Hold on here! That is not what the Constitution had in mind. So we will rule on this because of the putting a time limit is Unconstitutional.”

    Kennedy sides with the Liberals justices. Obama’s nominee is affirmed by the Court 5-3 without a confirmation hearings.

  242. 242.

    Keith G

    February 13, 2016 at 7:48 pm

    On the other hand, a GOP stonewall of Obama allows the Dems the chance to retain the presidency and regain the Senate (Chuck Schumer?) and Allow HRC to make her first of several choices over the objection of the GOP.

    “No No Boys, we are not going to let you filibuster SCOTUS nominations.”

  243. 243.

    Steve in the ATL

    February 13, 2016 at 7:48 pm

    @feebog: Roberts is the one who needs to go. Take him out, appoint an honest CJ, and then Alito and Thomas don’t matter much.

  244. 244.

    Germy

    February 13, 2016 at 7:48 pm

    Can Obama nominate himself?

  245. 245.

    Renie

    February 13, 2016 at 7:49 pm

    Unfortunately not many voters are going to care about this. We know its a Biden BFD but most people have no idea. That’s why the Democrats really need to be visible and loud about the consequences cuz you know the GOP is going to spin this immediately. McConnell already saying ‘the people should have a say in this” is such b.s. cuz half of those jerks in the Senate only care about their own interests regardless of what their constituents say.

  246. 246.

    Steeplejack (phone)

    February 13, 2016 at 7:50 pm

    @WereBear, @SarahT:

    Maybe not.

  247. 247.

    p.a.

    February 13, 2016 at 7:50 pm

    From driftglass:
    Supreme Court Justice Antonin Scalia found dead in Texas

    U.S. Supreme Court Justice Antonin Scalia was found dead Saturday, CBS News has confirmed.

    According to the San Antonio News-Express, which was first to report his death, Scalia was found dead in his room at a West Texas resort.

    Scalia, 79, was one of the staunchest conservative members of the court. He was nominated in 1986 by President Ronald Reagan and is the longest-serving member on the court.
    …
    Reports of Clarence Thomas showing up in John Roberts’ office asking “Are you my daddy now?” remain unconfirmed.

  248. 248.

    Roger Moore

    February 13, 2016 at 7:51 pm

    @feebog:
    I’d rather go for Roberts than Alito, since that would let Obama nominate a new Chief Justice. Either way, losing another two conservative justices would A) make it much harder for the Senate to stonewall any nominations and B) tip the ideological balance way to the left.

  249. 249.

    PurpleGirl

    February 13, 2016 at 7:52 pm

    Fell asleep for part of the afternoon so I’m only coming back to blog reading now… And I find the three threads on Scalia. I always wondered if he took drugs for hypertension which I presumed he suffered from given how swollen his hands looked. So I haven’t read the thread yet, will do that shortly. May he RIP in Hell for his beliefs and what he tried to do to our country.

  250. 250.

    Matt McIrvin

    February 13, 2016 at 7:54 pm

    @lgerard: The Republicans have never regarded either of Obama’s elections as legitimate.

  251. 251.

    debbie

    February 13, 2016 at 7:55 pm

    Patrick Fitzgerald? David Iglesias? They’re younger and were no friends of the Bush-Cheney gang.

  252. 252.

    p.a.

    February 13, 2016 at 7:55 pm

    @PurpleGirl:

    what he tried to do to our country.

    Too often, DID do. But most especially for Bush v Gore. So much flowed from that.

  253. 253.

    WereBear

    February 13, 2016 at 7:55 pm

    @Steeplejack (phone): It is from this book:

    The Murder of the Century: The Gilded Age Crime that Scandalized a City and Sparked the Tabloid Wars

    Which predates Nixon.

  254. 254.

    WereBear

    February 13, 2016 at 7:57 pm

    At this point, a four year old would have a better sense of fairness, and that would be a long term.

    We’d get opinions written in crayon, but that is what law clerks are for.

  255. 255.

    Nate Dawg

    February 13, 2016 at 7:59 pm

    I wonder if they’ll canonize Scalia like St. Ronnie?

    Will he have a permanent seat on the court, only filled by his reincarnated self? Will they send emissaries to the four corners of the country to see what child can identify his canoli?

  256. 256.

    The Golux

    February 13, 2016 at 8:00 pm

    @Jim, Foolish Literalist:

    …that fiery cock can do double duty, they have all eternity…

    With any luck, he’ll be hollowed out and used as a prophylactic by thorn-cocked Gulbuth The Rampant.

  257. 257.

    SarahT

    February 13, 2016 at 8:01 pm

    @Steeplejack (phone): @werebear : Hmmm…that makes sense too. So confused…must drink more..and wake up with a horrible hangover….and Scalia will STILL be deader that Kelsey’s nuts !

  258. 258.

    Heliopause

    February 13, 2016 at 8:01 pm

    $20 reward for anyone who digs up the underage prostitute who was with him.

  259. 259.

    Raven Onthill

    February 13, 2016 at 8:01 pm

    SCOTUSblog points out that in the normal course of things, it would be some months before a Justice who died unexpectedly would be replaced — months to nominate, months to approve — , so the Republican obstructionism is only going to drag that out. Meantime, some hard cases are not going to be decided by a conservative majority, which can only be a good thing.

  260. 260.

    redshirt

    February 13, 2016 at 8:02 pm

    OMG! I just got back in the world and heard this here, on BJ, for the first time!

    SO HAPPY!!!

  261. 261.

    Villago Delenda Est

    February 13, 2016 at 8:03 pm

    I am happy that this sick fascist asshole is dead.

  262. 262.

    Iowa Old Lady

    February 13, 2016 at 8:03 pm

    I’m looking forward to hearing what the Rs say about this in tonight’s debate.

  263. 263.

    Zinsky

    February 13, 2016 at 8:04 pm

    It’s hard to think of a jurist who did more damage to American democracy than this man. His opinion in the remedial 5-4 decision of Bush v. Gore alone should earn him a very warm place in the inner rings of Hell. Think of what a different country this would be today, if Gore had served two terms and the imbecile Bush had spent the 2000’s gathering brush in Crawford Texas instead of de-stabilizing the Middle East!

  264. 264.

    TaMara (BHF)

    February 13, 2016 at 8:04 pm

    I await the rope-a-dope that will lead to the perfect candidate being confirmed. Obama has the most amazing way of getting his enemies to self-inflict fatal wounds.

  265. 265.

    Steeplejack (phone)

    February 13, 2016 at 8:07 pm

    @WereBear:

    Read the linked article. The source material way predates Nixon.

  266. 266.

    Kay

    February 13, 2016 at 8:07 pm

    @Corner Stone:

    50 to 53 should be the top most limit for any nominee.

    I love how we all coldly and dispassionately estimate their lifespans. “Not a day over 53 and that’s non-negotiable” :)

  267. 267.

    Citizen_X

    February 13, 2016 at 8:08 pm

    So, GOP: you’re not willing to confirm anybody? Well, thanks for nitro-fueled get-out-the-vote motivator, assholes!

  268. 268.

    Baud

    February 13, 2016 at 8:09 pm

    @Kay: I’m surprised nominees don’t have to undergo physicals.

  269. 269.

    Schlemazel (parmesan rancor)

    February 13, 2016 at 8:13 pm

    Great!! Let the gop refuse then pres Clinton or Sanders cap appoit Obama to the ussc

  270. 270.

    Chyron HR

    February 13, 2016 at 8:14 pm

    Obviously the ideal appointment is Glenn Greenwald, to troll both the GOP and GG himself.

  271. 271.

    Anoniminous

    February 13, 2016 at 8:14 pm

    Late to the party but

    WHOOOOO-HOOOOOOOOOOOOOOOOO!!!!!!!!!!!!!!!!!!!!!!!!!!

    Now to see if Obama can get anyone to the Left of Attila the Hun appointed.

  272. 272.

    PGFan

    February 13, 2016 at 8:15 pm

    Mr. Cole: I salute you!

  273. 273.

    Steve from Antioch

    February 13, 2016 at 8:17 pm

    @Schlemazel (parmesan rancor):

    Well put.

  274. 274.

    Trentrunner

    February 13, 2016 at 8:18 pm

    I would totally support a Justice Greenwald. Not ashamed to say it. He’d be a great foil.

    Also, Hillary’s statement was AWESOME.

  275. 275.

    PeakVT

    February 13, 2016 at 8:18 pm

    This is good news for the 99%, for women, for minorities, for the environment, and probably a whole lot of other animate and inanimate objects.

    But not John McCain. Seeing no upside for him in this one.

  276. 276.

    Kay

    February 13, 2016 at 8:21 pm

    @Zinsky:

    Bush v. Gore

    If people object to the tone we can quote the great man himself and tell them to “get over it”.

  277. 277.

    Schlemazel (parmesan rancor)

    February 13, 2016 at 8:21 pm

    The other reason the GOP should avoid being stupid on this is the if they refuse to vote every candidate is going to be asked to name who they would appoint. That can’t end well for the Republican nominee

  278. 278.

    Baud

    February 13, 2016 at 8:22 pm

    @Kay: You’re so on my short list, Kay.

  279. 279.

    The Pale Scot

    February 13, 2016 at 8:24 pm

    @reality-based (the original, not the troll):

    Posterity will ne’er survey
    a Nobler grave than this:
    Here lie the bones of Castlereagh:
    Stop, traveller, and piss!

  280. 280.

    Davebo

    February 13, 2016 at 8:24 pm

    From a comment on LGM the perfect nominee.

    https://en.wikipedia.org/wiki/Mary_Yu

    A lesbian with a Chinese father and Mexican mother on the WA Supreme Court.

    Senate heads would explode!

  281. 281.

    Betty Cracker

    February 13, 2016 at 8:27 pm

    Well played, Secretary Clinton!

  282. 282.

    Germy

    February 13, 2016 at 8:29 pm

    @Schlemazel (parmesan rancor):

    The other reason the GOP should avoid being stupid on this is the if they refuse to vote every candidate is going to be asked to name who they would appoint.

    Possible GOP candidate SCOTUS choices: Judge Judy, Walker Texas Ranger, The Incredible Hulk, Ted Nugent

  283. 283.

    SiubhanDuinne, Annoying Scoundrel

    February 13, 2016 at 8:30 pm

    Obama expected to speak on Scalia soon.

  284. 284.

    sheldon vogt

    February 13, 2016 at 8:35 pm

    @lgerard: cheney and graham the junior

  285. 285.

    BillinGlendaleCA

    February 13, 2016 at 8:36 pm

    @Baud: That nomination certainly won’t have any paper trail.

  286. 286.

    Cacti

    February 13, 2016 at 8:37 pm

    I can’t even pretend to be sad that this swine of human being is dead.

    The earth is one bigoted asshole lighter.

  287. 287.

    Trinity

    February 13, 2016 at 8:38 pm

    This. This. A thousand times T.H.I.S.

  288. 288.

    lgerard

    February 13, 2016 at 8:38 pm

    @sheldon vogt:

    junior Graham has moved up quite a bit on my list the last year

  289. 289.

    I'mNotSureWhoIWantToBeYet

    February 13, 2016 at 8:38 pm

    @SiubhanDuinne, Annoying Scoundrel: Linky – it was supposed to start at 8:30 PM EST.

    Cheers,
    Scott.

  290. 290.

    Steve

    February 13, 2016 at 8:39 pm

    @Matt McIrvin: Do Bork or Miguel Estrada ring any bells?

  291. 291.

    burnspbesq

    February 13, 2016 at 8:40 pm

    @eemom:

    OK, Elaine, I call. Map out ONE plausible scenario in which Obama gets a nominee confirmed. Just one.

    You’re the one talking out of your ass today.

  292. 292.

    opiejeanne

    February 13, 2016 at 8:40 pm

    “I did not attend his funeral, but I sent a nice letter saying I approved of it.”

    ― Mark Twain

  293. 293.

    Steve

    February 13, 2016 at 8:41 pm

    Its been over a Decade since I last posted here, sad to see the hate filled echo chamber.

  294. 294.

    debbie

    February 13, 2016 at 8:44 pm

    @Betty Cracker:

    Glad to see her statement, sorry to see how quickly the responses went negative. How useless Twitter has become.

  295. 295.

    Schlemazel (parmesan rancor)

    February 13, 2016 at 8:44 pm

    @burnspbesq:
    Here is one. The GOP clowndidates for President are all asked to name the person they would appoint. The general public is shocked at the horrific choices and/or the wingnuts are outraged that it was not Attila the Hun so to quell the fire they lit the GOP senate decide to go ahead and accept the Obama appointment & then try to make political hay from the alleged faults of said justice.

  296. 296.

    ellie

    February 13, 2016 at 8:44 pm

    I was so filled with glee when I heard Scalia died, I was immediately ashamed of myself. Thanks for turning me into a monster, you motherfucker.

  297. 297.

    opiejeanne

    February 13, 2016 at 8:45 pm

    @The Pale Scot: Hahaha! I’ve seen that before. I used to live on Castlereagh Street. Pronounced Castle Ray, in SoCal and assuredly different elsewhere.

  298. 298.

    John Cole

    February 13, 2016 at 8:45 pm

    @Steve: Sorry, you poor dear. Wanna see real hate- visit Scalia’s rulings.

  299. 299.

    Cacti

    February 13, 2016 at 8:46 pm

    It’s funny how the same people praising the “strict Constructionist” principles of the late Scalia, are simultaneously insisting that the sitting POTUS should not exercise his Constitutional prerogative to nominate a replacement.

  300. 300.

    Kay

    February 13, 2016 at 8:47 pm

    @Baud:

    They can’t help themselves, I swear:

    CNN notes that Obama will “technically” be president for the next 11 months. Technically?

    Won two national elections and they still can’t give him the authority he’s earned. Every single time we get this nonsense – the special, lesser Obama powers. Now they can debate this “controversy?” bullshit they just made up for the next 4 weeks.

  301. 301.

    Baud

    February 13, 2016 at 8:48 pm

    @Kay: Well, CNN is “technically” a news channel, so what do you expect?

  302. 302.

    Richard Mayhew

    February 13, 2016 at 8:50 pm

    Here is my 2% scenario.

    Mid-may, the early polling and indicators (money raised, economy etc) all are pointing to the Democrats holding onto the White House and probably picking up a Senate majority. At that point, a combination of Blue state Republican Senators looking to save their own ass AND institutional power brokers in the GOP caucus do some math and figure that the Democrats with a new majority in the Senate and a GOP controlled House will call the dare that the GOP has been advancing that the Senate and the House are to operate as near Parliamentary organizations and 51% is all you need for anything. And then a Democratic president with 51+ solid votes will nominate a Supreme Court justice whose liberality is constrained by Manchin or Heitkamp instead of Grassley or Collins. Therefore approving a Supreme Court justice who is acceptable to Obama and Grassley or Collins plus demotivating parts of the Democratic base to save a few marginal seats is the best of a bad set of choices.

    That is a plausible 2% scenario.

  303. 303.

    PurpleGirl

    February 13, 2016 at 8:51 pm

    @reality-based (the original, not the troll):

    Posterity will ne’er survey
    A nobler scene than this.
    Here lie the bones of Castlereagh.
    Stop traveller, and piss.

    I Googled: “Byron recommend for lord Castlereagh”

  304. 304.

    Corner Stone

    February 13, 2016 at 8:51 pm

    @Kay: 53 is the absolute top. I don’t give a damn if it’s Earl Warren redux, if that person is over 60 they have no business being nommed to the SCOTUS.
    No guarantees for a 45+ year old but I’ll take my stats chances.

  305. 305.

    Roger Moore

    February 13, 2016 at 8:52 pm

    @Steve:

    Do Bork or Miguel Estrada ring any bells?

    Comparing the situations is bullshit. In the case of both Bork and Estrada, the Senate did its constitutional duty by considering and rejecting specific candidates nominated by the President; those same Senates later confirmed different nominees. In this case, the Republicans are saying that they’ll refuse to consider any nominee until after the election, no matter who the President nominates. If you can’t see the difference between the cases, you’re either blind or stupid.

  306. 306.

    Chyron HR

    February 13, 2016 at 8:52 pm

    @Steve:

    Why can’t nigbama’s libtards be civil?

    :^(

  307. 307.

    Davebo

    February 13, 2016 at 8:52 pm

    @burnspbesq:

    Well, the new senate will be seated on January 3rd and Obama’s term isn’t up till January 20th.

    Now that would require Senate Republicans to make such fools of themselves that they lose 4 or 5 seats come November but it’s not outside the realm of plausibility.

  308. 308.

    Cacti

    February 13, 2016 at 8:54 pm

    The President has spoken:

    There will be a nominee. I will do my Constitutional duty, as the Senate should.

  309. 309.

    amk

    February 13, 2016 at 8:54 pm

    @Steve:

    aw steve, redstate is that way.

  310. 310.

    dww44

    February 13, 2016 at 8:55 pm

    Spouse and I just returned from his birthday dinner out and just now heard the news of Scalia’s demise via an email forward of an AJC news bulletin. So we switched on CNN and Jeffrey Toobin and a couple of other pundit types are sitting around the table discussing Scalia’s death. After Toobin talks about how Scalia, an avowed conservative, was approved to be a Supreme by more than 90 votes and a few years later, the verdict was the same for Ginsberg, an avowed liberal, but that was the way it was back in the day. Elections have consequences and the President gets to choose whom he wants as long as the person is qualified, ethical, etc., but that is no longer the case. ” So said Toobin.

    One of the pundits at the table with Toobin was Gloria Borger, and this is what she said: “Who would want to be nominated by Obama and be subjected to the vitriol as NO ONE selected by Obama will be approved by the GOP.” there was more in which she clearly implies, too, that the November elections will also mean that Obama won’t get his nominee through.

    I cannot relay exactly how pissed I am at her. So much so that I’m going to contact CNN. She should be brought to task for her partisanship. Golly, I am angry. Our President does not deserve her dissing and she will forevermore be on my s……. list.

    Please God, we have to win the Presidency next fall and take the Senate back!! Let the party of crazy nominate either the blatant egotist bullshitter or the egotist liar.. Also, God, if you’re truly just, please don’t let Bloomberg decide to run as an independent.

  311. 311.

    Chip Daniels

    February 13, 2016 at 8:57 pm

    @TaMara (BHF):

    Obama has the most amazing way of getting his enemies to self-inflict fatal wounds.

    Well, honestly, his most amazing ability is to stubbornly remain being both black and President, which drives them insane.
    But maybe its the being “competent” and “effective” that makes their insanity fatal.

  312. 312.

    I'mNotSureWhoIWantToBeYet

    February 13, 2016 at 9:00 pm

    @Cacti: Yup. His remarks about Scalia were very generous and appropriate. It’s also good that he explicitly said that he would send a nomination to the Senate “in time” and that the Senate had the Constitutional duty to act on it.

    He may not have the votes at this time, but he has a very strong hand and it sounds like he’s not afraid to use it.

    Cheers,
    Scott.

  313. 313.

    Citizen_X

    February 13, 2016 at 9:00 pm

    @Steve:

    Its been over a Decade since I last posted here

    Actually, it’s been literally two minutes. But you’re still here, scowling at the partygoers.

  314. 314.

    schrodinger's cat

    February 13, 2016 at 9:01 pm

    @John Cole: When did your cat starting posting here?

  315. 315.

    Kay

    February 13, 2016 at 9:10 pm

    @Corner Stone:

    I think so too. Everyone thinks about it. I don’t know if you remember this but there was a lot of nervousness on the Right when we found out Roberts had some kind of intermittent epileptic disorder or whatever it is:

    Let’s talk about Roberts. I’m going to tell you something that you’re not going to hear anywhere else, that you must pay attention to. It’s well known that Roberts, unfortunately for him, has suffered from epileptic seizures. Therefore he has been on medication. Therefore neurologists will tell you that medication used for seizure disorders, such as epilepsy, can introduce mental slowing, forgetfulness and other cognitive problems

    I had someone ask me once if Sotomayor is diabetic, all concerned :)

  316. 316.

    Cacti

    February 13, 2016 at 9:10 pm

    Leak of purported short list of Obama’s potential nominees:

    Merrick Garland, chief judge of the DC Court of Appeals
    Eric Holder, previous AG
    Loretta Lynch, current AG
    Donald Verilli, Solicitor General
    Sri Srinivasan, judge on DC Court of Appeals
    Jeh Johnson, Homeland Security Secretary
    Neal Katyal, Georgetown law professor, acting Solicitor General for 1-year

  317. 317.

    Davebo

    February 13, 2016 at 9:13 pm

    Dr Ben Carson just shows that he’s not even that bright when it comes to life expectancy (claiming the average expectancy was under 50 at the time the constitution was written and now it’s much longer so we should reconsider lifetime appointments.

    Hint Ben, infant mortality. Are we even sure he’s a bonofide sawbones?

  318. 318.

    Bobby Thomson

    February 13, 2016 at 9:13 pm

    A-fucking-men,John. @Cacti: my pretends would be Sri or Neal.

  319. 319.

    NotoriousJRT

    February 13, 2016 at 9:17 pm

    @Baud:
    I don’t believe a liberal justice would want to get away with it. Scalia was a bitter, bitter man who reduced himself to a caricature of a cranky, wacky conservative judge. His attempts at humor were just nastiness that revealed how shriveled he had become. I shed no tears.

  320. 320.

    NotoriousJRT

    February 13, 2016 at 9:21 pm

    @Kay:
    Exactly.

  321. 321.

    Karen

    February 13, 2016 at 9:21 pm

    @dww44:

    But she’s telling the truth. Anyone who Obama nominates will get killed in the media and if they have a family they’ll get killed in the media as well. And the GOP won’t even let Obama’s budget be heard, forget about even letting Obama’s nominee get voted on. I don’t know Gloria Borger’s politics or how she meant it but she is telling the absolute truth. I’m more upset about that truth.

  322. 322.

    Patricia Kayden

    February 13, 2016 at 9:22 pm

    Thank you, John for saying exactly what I felt when I read on Joemygod that Scalia had died. No need to pretend that I feel anything but shrugs. He was a horrible human being and was an awful Jurist. Hope President Obama quickly nominates a solid Leftwinger to replace him.

  323. 323.

    mclaren

    February 13, 2016 at 9:22 pm

    Anyone know where Scalia will be buried? I’m thinking of organizing a bus trip so people can piss on his grave.

  324. 324.

    dww44

    February 13, 2016 at 9:23 pm

    @Kay:

    CNN notes that Obama will “technically” be president for the next 11 months. Technically? Won two national elections and they still can’t give him the authority he’s earned.

    Geez, I tuned into CNN after that and got thoroughly angry as hell at Gloria Borger’s blatant disrespect of President Obama. Was she also the one who said that he’s only technically the President, or was from some of the others of the august assemblage of pundits at the CNN table?

  325. 325.

    Theodore Wirth

    February 13, 2016 at 9:23 pm

    Hear hear John Cole! The only blogger to have the cojones to say what we want to hear.

  326. 326.

    Applejinx

    February 13, 2016 at 9:26 pm

    Only just started reading the threads. Wow.

    Let’s elect Bernie Sanders to FORCE the Republicans to accept the SC Justice Obama suggests! The threat of this is great, great leverage :)

    Take Obama’s justice, or deal with Bernie…

  327. 327.

    Patricia Kayden

    February 13, 2016 at 9:27 pm

    @Cacti: All of those are great options. President Obama should nominate one ASAP. Let Republicans head explode to the max. Perhaps more of them can join Scalia. I’m sick and tired of them dogging my President.

  328. 328.

    Patricia Kayden

    February 13, 2016 at 9:29 pm

    @mclaren: My piss is too precious for the likes of Scalia.

  329. 329.

    dww44

    February 13, 2016 at 9:32 pm

    @Karen: But people like Borger perpetuate and expand that so called truth. If it weren’t for pundits like her, the Congress wouldn’t feel supported in refusing to do their constitutional duties. If pundits like her had consistently, from the get go, called out the GOP for being obstructionist and racist, then just perhaps we’d be in a different place by now. She was still disrespectful of Obama and I shall not forgive her ever for that. She’s guilty as charged in my book.

  330. 330.

    Hungry Joe

    February 13, 2016 at 9:40 pm

    For all the caterwauling — and I’m happy to join in — about the GOP’s probable stonewalling in the Senate, let’s not lose sight of the gain: It’s likely that we’ll get another Democratic president. That new president will surely get his/her (or, okay, her/his!) nominee confirmed. Ginsberg and Breyer could well resign within the next four years, and be replaced by newer models of the same brand. And Thomas, Alito, and Kennedy are getting up there; any one of them could punch out. There’s a real chance for a center-left Court for a generation.

    (Since when am I such an optimist? I dunno; for some reason I’m in a really good mood today.)

  331. 331.

    Ruckus

    February 13, 2016 at 9:42 pm

    v@Patricia Kayden:
    Not mine. I can make more. However. I do understand your point but piss is a waste by product and so was Scalia. They were made for each other.

  332. 332.

    Karen

    February 13, 2016 at 9:44 pm

    @dww44: Gotcha. She wasn’t saying this like it was a ridiculous, unconstitutional thing. She was saying it like the rethugs are justified.

  333. 333.

    Applejinx

    February 13, 2016 at 9:48 pm

    Specifically, here’s what should happen:

    Obama nominates a very decent, reasonable, liberal white man who’s obviously appropriate for the Supreme Court. Not a moonbat, just very clearly not a wingnut.

    Hillary vows that if she wins she will nominate Obama.
    Sanders vows that if he wins he will nominate Elizabeth Warren.
    Both vow that if there’s no SCJ by the election, they will turn the goddamn world over to make sure the Democrat wins, which should be quite obvious given the stakes now present.

    Ball’s in your court, wingnuts.

    I think they’d go for the Obama nominee just to desperately try to get the heat off, plus being able to run on being ‘persecuted’ and having a terrible crisis. Probably go with Cruz unless Trump is unbeatable on the R side. The danger there is there’s no telling what kind of person Trump would want, nor would that person’s conservative bona fides be at all trustworthy.

  334. 334.

    dww44

    February 13, 2016 at 9:49 pm

    @Karen: Exactly.

  335. 335.

    PurpleGirl

    February 13, 2016 at 9:50 pm

    @lgerard: This reminds me of Roman Hruska’s defense of G. Harold Casrswell’s nomination to the Supreme Court. To the charge that Carswell was mediocre, Hruska said that many judges are mediocre and many people are too and they deserve representation on the SC, too. Carswell was not confirmed.

  336. 336.

    roger

    February 13, 2016 at 9:59 pm

    @Heliopause: ask your doctor if your heart is healthy enough for sex

  337. 337.

    chris m

    February 13, 2016 at 10:07 pm

    @MomSense: too bad he’s also in Wall Street’s pocket.

  338. 338.

    g

    February 13, 2016 at 10:10 pm

    Hope it’s hot where he is.

  339. 339.

    Dice

    February 13, 2016 at 10:36 pm

    Was hoping for a twofer with the demise of Dick “Head” Cheney getting birdshot in the face from Nino’s gun.

  340. 340.

    Joel

    February 13, 2016 at 10:49 pm

    @lgerard: I’ll take Alito and Thomas, honestly.

  341. 341.

    Patricia Kayden

    February 14, 2016 at 12:05 am

    @Steve: Bye Felicia!

  342. 342.

    NotoriousJRT

    February 14, 2016 at 12:23 am

    @Patricia Kayden:
    Canines & kittehs welcome.

  343. 343.

    sukabi

    February 14, 2016 at 1:08 am

    @schrodinger’s cat: it’s fetish value for cons is the same as the flag and bible, used as a club to silence any debate, and shield against criticism, while selectively editing for their own twisted purpose.

  344. 344.

    AxelFoley

    February 14, 2016 at 4:10 am

    @eemom:

    Thank you.

  345. 345.

    Huego

    February 14, 2016 at 4:21 am

    How about Leondra Kruger as the nominee? Black, female, UNDER 40(!), former Stevens clerk and Deputy S.G., currently on California Supreme Court.

  346. 346.

    Jim

    February 14, 2016 at 8:05 am

    You’re confusing confirmation with consideration. They’re not going to allow the process to start. If The Prez nominates, they’ll just say “No hearings until February 2017.”

  347. 347.

    jonas

    February 14, 2016 at 10:33 am

    A bigger question is who among the many people who would otherwise be qualified is actually going to agree to be nominated for a SCOTUS slot when, as long as there is a Democratic president with a Republican senate majority (or a filibuster-ready minority), no-one, ever, will be confirmed. It would just be asking them to serve as a political punching bag for the foreseeable future.

    I think we could be looking at a 4-4 court indefinitely.

  348. 348.

    WaterGirl

    February 14, 2016 at 10:38 am

    @Cacti: I do not want another white male on the supreme court.

  349. 349.

    sherry young

    February 14, 2016 at 12:01 pm

    @Corner Stone:

    Obama knew that if he had him over for that drink, he would have to
    throw it in his face, so he actually SAVED Scalia a huge embarrassment!
    And The Scag did not attend Obama’s state of the union…so there!
    Your post was soooo distorted

  350. 350.

    cleosmom

    February 14, 2016 at 10:03 pm

    @Kay: @kc: @Baud:

    Stop suggesting old people, folks.

    I suggest Betty White.

  351. 351.

    Jean King

    February 15, 2016 at 10:39 am

    @Tripod: An Asian woman. Yertle’s wife (Elaine Chao) is an Asian woman.

  352. 352.

    JackoLantern

    February 17, 2016 at 1:03 pm

    If the republicans do this thing, they will as a matter of course be applauded by the lo-info base. It’s a given that any Obama initiative must be blocked, a knee jerk reaction by those who have no clue, but just know that it must be bad if Obama wants it.But this ageing, white,lower middle class demographic continues to shrink, eroding whatever relevancy they still retain. Sly racism, macho posturing, tribal parochialism and hypocrisy still plays in the sticks, and the present incarnation of the Republican party has fouled its nest so badly it has no other constituency.

  353. 353.

    Pat

    February 20, 2016 at 12:22 am

    You should not speak ill of the dead but good lord no one deserves it more than that sob. He made the world a much worse place to live, Bush vs. Gore( that alone got him a ticket to hell), Citizens United, his rulings that came straight out of 1780 of which he was gleefully proud of. This was a very dangerous man(evil motherfucker) that has done irreparable harm to the very democracy he was supposed to be upholding.

  354. 354.

    Honest dave

    February 20, 2016 at 8:10 pm

    Racist homophobic misogynistic turdlet. He and his like have set this country back 75 years. Hiding behind “constitutional originalism.”

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