Speed Of Descent

>> Friday, May 1, 2009

Justice Souter has announced he will retire at the end of the current Supreme Court session. He allowed that he'd serve until his replacement is confirmed. This doesn't change the balance of conservative justices to stupid justices, so the speed of American Descent might not change, but it's certainly not going to slow. Likely, Obumble will nominate a few chuckleheads that see things in the Constitution that don't exist, or one that thinks we need to look to Europe to decide what's what. (Of course those types only look to those who think as they do. They don't waste time with foreigners who disagree.) Placed against the news of the Spector defection, along with the very real and frightening possibility of Stu Smalley winning the Minnesota senatorial race, Souter's departure means that the Obamalamadingdong's picks will sail through with the voices of reason being disgregarded again.

Who ends up on the Supreme Court was one of my most major concerns before last November. Had we had a good conservative that charged up the voters, retiring justices could've been replaced with good conservatives who understand the Constitution and the job of being on the Court. But unless one of the smart justices die or something, we're only really looking at lib justices retiring in the near future, so the balance won't change. It's just too bad they'll be replaced with other idiots.

Then again, wasn't it Reagan that picked a guy that turned out to be the opposite of what he thought? Might happen for Barry.

That's it. Think positively.


Mark May 3, 2009 at 8:23 AM  

It was George H. W. Bush who chose Souter, the one who switched ideologies after he was confirmed, at the insistence of his chief of staff, John Sununu.

There is speculation that Obama will look for specifically an Hispanic woman as the next nominee.

This, as I explained over at my place, is exactly the wrong reason to choose a Supreme Court Justice, but he's already announced his criteria for choosing a Justice:

He wants someone who's empathetic, not Constitutional.

Mark May 3, 2009 at 8:33 AM  

Also, there is speculation that Since Arlen Sphincter switched sides, the Republicans can successfully filibuster Obama's nomination.

See, in order to break a filibuster, the minority party must have at least one vote for the majority party. Now that Arlen Sphincter has become a Democrat, there is a chance no Republican will vote against his party.

That, of course, is assuming Olympia Snow, Susan Collins, Chuck Hagel, Lindsey Graham, or some other RINO will vote along party lines, but that's not a given in any stretch of the imagination.

Eric May 3, 2009 at 9:03 AM  

Look. Replacing Souter is nothing. He's Liberal, Obama will put a liberal in his place. No great shake-up. Be thankful none of the conservative are retiring, and pray none of the die or become otherwise incapacitated.

Jim May 3, 2009 at 9:44 AM  

"See, in order to break a filibuster, the minority party must have at least one vote for the majority party."

What rule is this? The only requirement for cloture is a 3/5 majority vote. That's 60 votes. Party is of no consequence.

Mark May 3, 2009 at 4:54 PM  

I don't make the rules, Jim, but if you want citation, click here.

Professor Michael Dorf of Cornell Law School cites "[T]he Senate Judiciary Committee rule:


The Chairman shall entertain a non-debatable motion to bring a matter before the Committee to a vote. If there is objection to bring the matter to a vote without further debate, a roll call vote of the Committee shall be taken, and debate shall be terminated if the motion to bring the matter to a vote without further debate passes with ten votes in the affirmative, one of which must be cast by the minority."

Jim May 3, 2009 at 6:31 PM  

Only one problem with that. Until there is a Senate committee reorganization vote, Specter still holds the Republican seat, so his vote could still be the Republican vote that is needed to get out of the judiciary committee.

The Democrats can hold off on the committee reorganization vote until after the court justice hearings.

OR, they might agree to the reorganization vote IF the Republicans agree to seat Franken first.

Ta da!

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