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You are here: Home / Politics / Activist Judges! / Wednesday Evening Open Thread: Finding the Next Justice

Wednesday Evening Open Thread: Finding the Next Justice

by Anne Laurie|  February 2, 20226:52 pm| 47 Comments

This post is in: Activist Judges!, Biden Administration in Action, Open Threads, Proud to Be A Democrat

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“I intend to make this decision and get it to my colleagues by the end of the month — that's my hope,” Biden repeats in his Oval meeting with Grassley and Durbin on the US Supreme Court vacancy. https://t.co/fJufvDtG8s

— Jennifer Jacobs (@JenniferJJacobs) February 1, 2022

Biden didn't discuss individual names for possible US Supreme Court picks with @SenatorDurbin and @ChuckGrassley in Oval today, the senators say–he just chatted about his hope that the process can be wrapped up in within about 40 days after the White House sends the nomination.

— Jennifer Jacobs (@JenniferJJacobs) February 1, 2022

Former Senator Doug Jones will be the "sherpa" who will guide President Biden's Supreme Court nominee through the Senate, according to a person familiar, confirming @katierogers reporting. Biden had considered Jones for AG.

— Jennifer Epstein (@jeneps) February 1, 2022

Psaki: Just over a year ago, the previous President also promised to select a woman for the Supreme Court. Not only were there no complaints for choosing a nominee from a specific demographic but there was widespread praise.. *reads statements from Ted Cruz* pic.twitter.com/r6qeSi5dSt

— Acyn (@Acyn) February 1, 2022

If I was a Louisiana voter I’d want a Senator who isn’t a total embarrassment https://t.co/LJRBUueQrh

— Joyce Alene (@JoyceWhiteVance) February 2, 2022


(Cuz Michelle Obama shopped at J. Crew, according to twitter-chatter, in case you thought Kennedy wasn’t race-baiting enough…)

woman who held 130 campaign events in NH and got 3% of NH primary vote is lecturing folks abt competence https://t.co/b9a6p2vKZa

— Eric Boehlert (@EricBoehlert) February 1, 2022

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Reader Interactions

47Comments

  1. 1.

    WaterGirl

    February 2, 2022 at 6:53 pm

    I hope they consider everyone. //

    *For everyone who wants that, who is “everyone”?

    All attorneys?  All rich white males who attended Yale or Harvard.  Thanks, guys, for helping to bring down the esteemed reputation of those places.

    Only Catholic crazy people, even if they have little relevant experience?

  2. 2.

    japa21

    February 2, 2022 at 6:55 pm

    @WaterGirl:  Except Gabbard.

  3. 3.

    dmsilev

    February 2, 2022 at 6:59 pm

    How exactly has Harris been “a disaster” as VP? Gabbard and her fellow travelers keep asserting that, but they seem to be strangely unable to provide concrete examples. Did Harris show up to a solemn event wearing completely inappropriate clothing or something?

  4. 4.

    Baud

    February 2, 2022 at 7:02 pm

    It’s always interesting to see who is hollaring when our people get a chance.

  5. 5.

    Kay

    February 2, 2022 at 7:06 pm

    People are just incredibly rational about money :)

    JW Mason
    @JWMason1
    ·7h
    Here is a poll from mid-2013 with 51% saying inflation was a very big problem and 31% saying it was a moderate problem. That’s almost identical to today’s numbers. Yet at that time, inflation was running well below 2 percent and had been for some time

    Around the world, people express high levels of concern about rising prices, regardless of the actual level of inflation their national economies may be experiencing.

  6. 6.

    HinTN

    February 2, 2022 at 7:06 pm

    Tulsei Gabbard is  a tool.

  7. 7.

    Math Guy

    February 2, 2022 at 7:07 pm

    Biden is introducing a different perspective to the court and that is what the Republicans and other establishment voices object to.

  8. 8.

    JPL

    February 2, 2022 at 7:07 pm

    @dmsilev:  They protest too much.

  9. 9.

    Brachiator

    February 2, 2022 at 7:07 pm

    Senator Kennedy is an ass wipe. But there’s also this, from Wikipedia.

    Kennedy crossed party lines to oppose the appointment of three of Trump’s U.S. District Court judicial nominees who Kennedy believed were not qualified: Jeff Mateer, Brett Talley, and Matthew S. Petersen. The White House withdrew all three nominations. On December 13, 2017, during Petersen’s confirmation hearing before the Senate Judiciary Committee, Kennedy asked Petersen about basic legal procedure, whether he knew what the Daubert standard was, and what a motion in limine was. Petersen struggled to answer. Kennedy also voted against the nomination of Gregory G. Katsas to the D.C. Circuit, but Katsas was confirmed.

    BTW. I don’t know if these kinds of questions are useful, or just grandstanding. But I expect to see the senator do this with a Biden nominee.

  10. 10.

    HinTN

    February 2, 2022 at 7:08 pm

    @Kay: People don’t know shit. But the MSM goes to great lengths to find and report their thots.

  11. 11.

    Baud

    February 2, 2022 at 7:10 pm

    @Brachiator:

    Hmm.  IIRC, Katsas is actually qualified and not a hack.  Something else was going on there.

  12. 12.

    Bex

    February 2, 2022 at 7:10 pm

    Tulsi who?

  13. 13.

    Kay

    February 2, 2022 at 7:10 pm

    @HinTN:

    I wonder what I would say though. “Are you very concerned about rising prices?”

    I might say yes. Maybe they think it’s in a general sense :)

  14. 14.

    sab

    February 2, 2022 at 7:10 pm

    Crack of dawn here. Vt Country Store order just arrived( !?) Couple of aprons, lamps and some excellenr gumdrops. Spouse and I are arguing about who should hide gumdrops because sinfully delicious, and we both have dental fillings.

    I know these guys must be RWNJ because rural Vermont, but please don’t tell me so

    ETA As always with them, expensive but worth it.

  15. 15.

    SpaceUnit

    February 2, 2022 at 7:10 pm

    Why will this court pick need a sherpa?  I don’t recall other nominees having handlers, but maybe I just didn’t notice.

  16. 16.

    HinTN

    February 2, 2022 at 7:10 pm

    @Brachiator: And I expect the nominee to give a detailed, articulate and factually correct response.

  17. 17.

    Baud

    February 2, 2022 at 7:11 pm

    @sab:

    Vermont is pretty Democratic despite being rural so you might luck out.

  18. 18.

    HinTN

    February 2, 2022 at 7:12 pm

    @Kay: “In what context” is a great way to begin your answer.

  19. 19.

    different-church-lady

    February 2, 2022 at 7:13 pm

    Why am I not surprised so many Bernie folk had Tulsi as their second choice?

  20. 20.

    Kay

    February 2, 2022 at 7:15 pm

    @HinTN:

    I used to get polled a lot when Ohio was a swing state and I had a land line. I would answer the questions. Probably went on too long, really. “Well, I have mixed feelings on that…”

  21. 21.

    sab

    February 2, 2022 at 7:16 pm

    @WaterGirl: The crazy Catholics without experience has worked well for them last few times, so why not? They are the Court, so who cares if people respect them?

  22. 22.

    Anne Laurie

    February 2, 2022 at 7:20 pm

    @SpaceUnit: Why will this court pick need a sherpa? I don’t recall other nominees having handlers, but maybe I just didn’t notice.

    Nope, it’s standard practice.  From the NYTimes article:

    …Because meet-and-greets in Washington have the potential for combustion, past guides have told nominees to more or less adopt a speak-when-spoken-to role. Tom C. Korologos, a former Republican lobbyist and ambassador, has been involved in over 300 Senate confirmation processes, including those of Justices William H. Rehnquist and Antonin Scalia, and the nominee Robert H. Bork. In an interview, Mr. Korologos read from a detailed sheaf of notes that he had gathered over the years — a veritable dos and don’ts list for potential nominees…

    The final nomination team, Mr. Korologos said, will most likely engage in another strangely named process: so-called murder boards, where nominees and the nominee selection committee meet — in the past it has been at the White House or at a private home — and think of the nastiest possible questions that might come up in a hearing. Then they fling them at the nominee. Mr. Jones’s most recent sherpa predecessors included Jon Kyl, who served three terms as a Republican senator from Arizona and guided Brett M. Kavanaugh through one of the more bitter Senate confirmation processes in recent history…

    Steve Schmidt, the Republican strategist who served as the chief White House strategist behind the nominations of Justice Samuel A. Alito Jr. and Chief Justice John G. Roberts Jr. on Capitol Hill, said in an interview that the person in charge of shepherding nominees has historically had a dual responsibility: stroking the egos of senators, unruffling feathers and keeping the nominee calm…

  23. 23.

    Brachiator

    February 2, 2022 at 7:23 pm

    @Baud:

    Hmm.  IIRC, Katsas is actually qualified and not a hack.  Something else was going on there.

    This was interesting…

    On November 28, 2017, by a party line vote except for John Neely Kennedy R-LA and Joe Manchin D-WV, with Bob Corker and John McCain absent, the Senate voted to confirm Katsas by a vote of 50–48. He received his judicial commission on December 8, 2017.

  24. 24.

    Roger Moore

    February 2, 2022 at 7:23 pm

    @HinTN:

    Tulsei Gabbard is a tool.

    The kind found in the discount bin at Harbor Freight.

  25. 25.

    sab

    February 2, 2022 at 7:30 pm

    @sab: Also one of the lamps was interesting. Giant page size (8″”x11″) magnifying glass with LED lights, so dad in nursing home can read without remembering where his magnifying glass is (dementia plus cataracts.) Plus lights. Will report back how it works. Seems amazing at first view.

  26. 26.

    SpaceUnit

    February 2, 2022 at 7:32 pm

    @Anne Laurie:

    Thanks.  I learned something new today.

    I figured the nominee would just show up in the Senate, take their seat, and try not to roll their eyes as the republicans do their Beavis and Butthead impressions.

  27. 27.

    trollhattan

    February 2, 2022 at 7:35 pm

    @Brachiator:

    “Now then, Judge Black Lady, please explain in concise terms the offside rule in soccer.”

    followed by

    “How many chukkers in a game of polo and how long is each chukker?”

  28. 28.

    Roger Moore

    February 2, 2022 at 7:39 pm

    @Brachiator:

    I don’t know if these kinds of questions are useful, or just grandstanding.

    My impression is that these are the kinds of questions that you should be able to answer if you were awake through law school.  Asking them is a theatrical way of showing just how incompetent someone is.  If a judicial nominee really has trouble answering them, they deserve to be publicly roasted.

  29. 29.

    Jinchi

    February 2, 2022 at 7:42 pm

    How is the nomination process going to work in this case? Breyer plans to fill out the remainder of the term (ending in July).
    Are they going to have the nomination and vote for his successor months before that happens?​

  30. 30.

    Roger Moore

    February 2, 2022 at 7:42 pm

    @trollhattan:

    “How many chukkers in a game of polo and how long is each chukker?”

    Damn.  I remembered that a chukker is 7 1/2 minutes, but for some reason I thought there were 8 in a game.

  31. 31.

    Anne Laurie

    February 2, 2022 at 7:46 pm

    @Jinchi: How is the nomination process going to work in this case? Breyer plans to fill out the remainder of the term (ending in July).

    The plan — why Breyer announced his retirement in advance — is to have a nominee fully vetted (an exacting process, except in GOP years) and ready to be voted in as soon as the current SCOTUS term ends.

  32. 32.

    trollhattan

    February 2, 2022 at 7:47 pm

    @Roger Moore:

    And here I sit, unable to remember my bank account password. That, I remember. Why? I’ve never seen polo in person.

    Somebody needs to tell us how to organize the file drawers in our brains. Socks, I’ve got handled.

  33. 33.

    dm

    February 2, 2022 at 7:48 pm

    @Jinchi: Breyer said when resigning that he expected his successor to have been already named and confirmed by the time he resigned.

  34. 34.

    trollhattan

    February 2, 2022 at 7:49 pm

    From the “No, we’re not kidding about this” files, consequences.

    February 2, 2022 at 5:17 pm EST By Taegan Goddard

    The U.S. Army said Wednesday that it would immediately begin removing soldiers who have refused the coronavirus vaccine, the Washington Post reports.

  35. 35.

    Baud

    February 2, 2022 at 7:54 pm

    @SpaceUnit:

    and try not to roll their eyes as the republicans do their Beavis and Butthead impressions.

     
    I’ll never be a judge.

  36. 36.

    matt the somewhat reasonable

    February 2, 2022 at 7:54 pm

    @different-church-lady: I worked with a guy who was a huge Tulsi fan. Also a huge Putin fan.

  37. 37.

    sab

    February 2, 2022 at 7:58 pm

    @sab: Jeez just woke from nap. And I am 12 hours off. Thought I was early tomorrow when I am late the day before. Same time, but pm not am, and one day earlier. So no dawn delivery, just late evenimg the night before.

    ETA 8 pm is hardly even night yet, except very dark already.

  38. 38.

    Brachiator

    February 2, 2022 at 8:01 pm

    @trollhattan:

    “Now then, Judge Black Lady, please explain in concise terms the offside rule in soccer.”

    Ha! OT BTW, I saw a story that Trinity Rodman just signed a fat contract for whichever soccer team she plays for.

    “How many chukkers in a game of polo and how long is each chukker?”

    Ha, again!

    The only thing I know about polo is a scene from the movie Pretty Woman.

  39. 39.

    NotMax

    February 2, 2022 at 8:13 pm

    FYI.

    A deep-red state that’s home to some of Donald Trump’s most vocal conservative critics will welcome members of the Republican National Committee this week for a meeting in which party officials are expected to solidify the former president’s status as the GOP standard-bearer ahead of the midterm elections.
    [snip]
    In closed-door meetings this week, RNC members are expected to discuss a proposal to force candidates seeking the party’s nomination to pledge not to participate in debates run by the Commission on Presidential Debates, which has played a defining role in presidential contests for the last 30 years. The item, rooted in Trump’s longstanding criticisms of the commission, is expected to be voted on by the full membership this summer.

    RNC members are also expected to resume a debate over whether to retain Iowa and New Hampshire as the first two states to vote, or change the order, as Democrats are mulling. Committee members may also take up a resolution about expelling GOP Reps. Adam Kinzinger and Liz Cheney from the party for joining the Jan. 6 House committee. Source

  40. 40.

    raven

    February 2, 2022 at 8:20 pm

    @Brachiator: USA v Honduras in ST PAUL MINNESOTA, 2-0 USA at the half and it’s ZERO outside!

  41. 41.

    Gin & Tonic

    February 2, 2022 at 8:36 pm

    @raven: Seems like it might be slightly better conditions for USians than Hondurans.

  42. 42.

    raven

    February 2, 2022 at 8:37 pm

    @Gin & Tonic: They all look pretty cold!

  43. 43.

    BQuimby

    February 2, 2022 at 8:45 pm

    NEW INVESTIGATION: Joe Manchin received over $1 million from corporate-tied PACs last year as he blocked Build Back Better. But Manchin’s corruption is even more brazen. He repeatedly timed his key attacks on Biden’s agenda to occur at events with his largest corporate donors.
     
    WATCH:  https://twitter.com/MorePerfectUS/status/1488286606133977090?

  44. 44.

    James E Powell

    February 2, 2022 at 9:37 pm

    @trollhattan:

    No doubt that will be a “Democrats hate the troops!” story for the cable & Sunday shows.

  45. 45.

    Omnes Omnibus

    February 2, 2022 at 9:41 pm

    @James E Powell: MilTwitter sees it differently.  No sympathy at all for refusers.

  46. 46.

    WaterGirl

    February 2, 2022 at 10:57 pm

    @trollhattan: They have to do that if they don’t want the concept of military discipline to be a joke.

  47. 47.

    WaterGirl

    February 2, 2022 at 10:57 pm

    @BQuimby: Disgusting.

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