Apparently Supreme Court Justice Stephen Breyer has learned the "RBG lesson" and plans to retire so that President Biden can nominate a liberal replacement. I sure hope Joe Manchin doesn't suddenly decide this is a nice, high-profile time to start objecting to Biden's judicial picks.
As I recall, the last time a vacancy was open I favored Diane Wood, but at 71 she's out of the running. So who will it be? I'm willing to entertain anyone who doesn't have an Ivy League law degree.
UPDATE: I'd forgotten (or maybe never knew) that Biden promised to nominate a Black woman to any empty seat on the Supreme Court. The leading candidates are apparently Ketanji Brown Jackson (Harvard), Candace Jackson-Akiwumi (Yale), Leondra Kruger (Yale), Sherrilyn Ifill (NYU), Anita Earls (Yale), and Tiffany Cunningham (Harvard). The tyranny of the Ivy League looks likely to continue, but I guess there's still a tiny ray of hope
Yes, I know she is a Harvard grad, but Ketanji Brown Jackson will be the next Supreme Court justice.
Next opening -- hopefully after Clarence Thomas retires to a life of attending to conjugal visits with his Insurrectionist reprobate wife -- should go to Jacqueline Nguyen. Occidental undergrad & UCLA law (sorry about that, USC fanboi Kevin Drum), & our first Asian Supreme.
Funny, I was thinking exactly the same. Another woman would be good. One louder than the last one.
Here's what I'd like to see:
* Non-Ivy League law degree
* Under 50
* Experience as a defense attorney or suing big corporations
* As radical a liberal as we can possibly get through the Senate
* Someone who is not a Catholic (currently 6 Catholics on the Court)
* Not another white dude.
What’s wrong with white dudes?
Look in the mirror.
I know I do.
I’m a pretty awesome guy. Although I’m definitely not qualified to be a Supreme Court Justice.
Settle down, Rivers Cuomo.
"I’m a pretty awesome guy."
That's what's wrong with white guys. Among other things.
Well sure, but where are we going to find someone who is so good at devising clever legal rationalizations for what they intended to do all along?
That's not hard.
Kamala is a Howard-Hastings grad, & I bet GQPers, Fauxgressives, & dipshit DINOs like Kyrsten Sinema would be happy to shunt our MVP to the Supremes.
Michelle
LOL.
YES!!!
Just to watch heads explode....
Barack!
Also, LOL.
"With under three years to go before the next presidential election, the American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president."
--Mitch McConnell
No, no, it will be let the November midterms decide the ability of joebiden to appoint a Supreme.
A GQP Senate will be proof the American people don't want a Democrat injurist legislating from the bench.
Not to mention, in compliance with the theory of constitutional originalism, all seats held by women justices shall be voided.
(ACB gets to stay until she overturns Roe v. Wade.)
“… evenly divided Senate … blah blah something … no Constitutional basis for VP to decide … something … following long-accepted precedent … “
No joke apparently. A Politico reporter already making the case:
BIG problem for Team Biden? @tribelaw : "VP has the power to cast tiebreaking vote to pass a bill, the Constitution does not give [her] the power to break ties when it comes to the Senate’s “Advice and Consent” role [for] appointments to Supreme Court."
https://twitter.com/whignewtons/status/1486413620426817542
Wrong. But we'll waste news cycles arguing it.
If it were a replacement for Thomas or Alito I'd lay odds on the GOP finding a way to stop the nomination, but since it's Beyer and won't shift the balance on the Court they'll most likely rant, rave and posture like true drama queens but won't go to the mat for this one.
Why? I rather doubt they want a young liberal appointed to the court. Why settle on 6-3 when you can try for 7-2?
Wrong. But we'll waste news cycles arguing it.
You mean "wrong" as in the plain language of the Constitution? Or "wrong" as in "most constitutional scholars think this interpretation is laughable?"
Because if it's the latter, that's not going to dissuade Republicans from using the theory to try and defeat Biden's pick, and we certainly shouldn't count on a favorable Supreme Court ruling on that issue it it came to it.
The Constitution states: “The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.” This seems clear and unambiguous to me.
On the other hand, Hamilton wrote in Federalist 69 that, “if the Senate should be divided, no appointment could be made.” The only way that the Senate could be divided (meaning a tie vote) is if the Vice President doesn't break the tie, which suggests that Hamilton thought that the Vice President couldn't vote on appointments. That's enough to make a legal argument that isn't completely frivolous.
When Hamilton was writing, the Vice President was the person who came in second on the Presidential ballot. It would be therefore possible for the VP to abstain and refuse to break a tie in the Senate leaving it divided.
Fortunately, he doesn't get a say this time around.
My criteria are: progressive, smart, acceptable to the only 2 Democratic Senators that matter, young and healthy as a horse.
Right. Might as well just put Sinema/Manchin in a room with POTUS and ask them who they choose.
Paul Watford (9th Circuit). BA Berkeley; JD UCLA. Clerked for RBG. But he's not a woman, I know.
Michelle, even though she doesn't want it.
Or Anita Hill, just to see her stare down Justice Uncle Tom McPubichair on the bench every day.
We can't decide who the best nominee is until we've had a thorough review of their high school yearbooks.
Barf got the job.
Still chaps your ass that his wasn't crowned, though.
I think Biden’s pick should get the job too. (Assuming they are qualified.) But a hope we get a little payback in the process for all the nonsense Dems pulled on Kava.
As usual, the troll's trying to get people to buy into the notion that his nonsensical and unsourced opinions enjoy some sort of factual basis. What a lazy choad.
I’m not a troll just because you have a different opinion than me.
You're right: that's not why you're a troll, troll 😉
Gee Atticus, I thought you would be a big supporter of
Ketanji Brown Jackson.
Never heard of her until today. Maybe I will be when I get to know her. What I’m not a fan of is limiting the universe of applicants to just black women for one of the most important jobs in the country. How stupid. But I guess that’s how politics works. Biden needed Clyburn’s endorsement so he promised to force a black woman into SCOTUS instead of allowing one to earn the job on her merits.
From Wikipedia:
“Jackson grew up in Miami, Florida, and attended Miami Palmetto Senior High School, where she was a national oratory champion.”
Just thought you’d be rooting for the home town favorite.
Thanks for remembering I reside in FL. Although I still call Bethesda, MD home.
I have nothing against any of these potential nominees. Not familiar with them yet. I just think it’s stupid to limit the search to such a small pool to appease blacks people.
Look them up. All are very well qualified exceptional people.
The very well may be. That’s makes it all the more unfortunate that they’ll always have an asterisk next to their name.
Perhaps in your eyes. Not mine.
Like Pubic Soda getting the spot that was vacated by the original, affirmative action Black appointment?
_This_ is why you're a troll.
Explain?
Harvard, Harvard, Harvard.
Yale, Yale, Yale.
No prominent jurists from HBCUs?
Biden would do more for the future of America and American education if he'd nominate someone who was educated outside of the East Coast Elite system.
Why? Aren’t they generally recognized as the best universities?
Yeah, like J.D. ANTIVAXXX & Stewart Oafkeeper.
Never heard of her until today. Maybe I will be when I get to know her. What I’m not a fan of is limiting the universe of applicants to just black women for one of the most important jobs in the country. How stupid. But I guess that’s how politics works. Biden needed Clyburn’s endorsement so he promised to force a black woman into SCOTUS instead of allowing one to earn the job on her merits.
No idea what that means.
J.D. Vance (Hillbilly Elegy) and Stewart Rhodes (Oathkeeper founder) both Yale Law School grads.
Between the Pornographic Film Hitman & the Beardo Tub o' Lard who pimped out his Mormon wife as a stripper giving extras in the champagne room, the GQP has two good eyes.
Got it. Thanks. Never seen that movie and don’t know much about the Oath Keepers.
What's wrong someone who actually knows some stats and has at least a little technical expertise. As it is, this court seems to be proud of their collective innummeracy.
I sure hope Joe Manchin doesn't suddenly decide this is a nice, high-profile time to start objecting to Biden's judicial picks.
I'm equally if not more worried about Sinema. The left has already begun to raise funds to primary her. It's official. She might well tell Democrats to go eff themselves, especially if she's secretly decided not to run for reelection.
Yup.
She already thinks she's overqualified to be president -- prolly most in keeping with her residual Nader 2000 bona fides -- & she is a lawyer, so she prolly thinks if Katanji Brown Jackson or Leandra Kruger or Sri Srinivasan isn't up to her caliber, then Biden's pick must be rejected.
I'm sure it'll be an Ivy grad, becasue the Biden is well aware any black woman they nominate will be called an a"affirmative action" pick who's unqualified to be on the court.