Open thread Sept. 18, 2020 Dan Crawford | September 18, 2020 5:36 am Tags: open thread Comments (7) | Digg Facebook Twitter |
AP Exclusive: Census layoffs ordered despite judge’s ruling
The federal courts are jam packed with partisans due to court packing. Any rule of law invented to get the partisan results. Result? The federal court system is trashed, no one obeys their rulings.
They are not a legislature, and we can create law with judges, it never works.
Our best bet is to actually find the hidden model that works in the federal legislature, find out who needs to be paid off so the legislation runs smoothly without the host of inefficient earmarks. A lot of these crappy rulings are about trying to fit earmarks into national programs, and we really suck at it, from Nancy to Mitch, a horror show of ignoring the hidden model in the Swamp. Philosophers will not help, one had to reduce the legislation mechanism to its essentials and make the pay outs early in the budget.
R.I.P, Justice Ruth Bader Ginsburg, ‘Notorious R.B.G.’
Polls Have Shown Voters Prefer Biden to Pick Next Justice
NY Times – September 19
… in the aftermath of the death of Justice Ruth Bader Ginsburg. There’s no way to know exactly what will unfold, but a closer look at recent polls, including new New York Times/Siena College surveys, does provide reason to think that Joseph R. Biden Jr. might have as much — or more — upside on the issue than President Trump.
What voters say on picking the next judge
In Times/Siena polls of Maine, North Carolina and Arizona released Friday, voters preferred Mr. Biden to select the next Supreme Court justice by 12 percentage points, 53 percent to 41 percent. In each of the three states, Mr. Biden led by just a slightly wider margin on choosing the next justice than he did over all.
Similarly, a Fox News poll last week found that voters nationwide trusted Mr. Biden over Mr. Trump — by seven points — to nominate the next Supreme Court justice. Here again, Mr. Biden led by a slightly wider margin on this issue than he led Mr. Trump.
Among issues favorable or unfavorable to the two candidates, appointing a Supreme Court justice ranked somewhere in the middle of those tested by the survey. It was a better issue for Mr. Trump than handling of the coronavirus or race relations, but a much better issue for Mr. Biden than the economy or law and order.
So far this year, Mr. Biden and Mr. Trump have tended to gain when the national political conversation focuses on their best issues. If the pattern holds and the most recent poll results are representative, it’s not obvious whether either candidate will benefit from a focus on the Supreme Court.
A closer look at the results suggests there might be some upside for Mr. Biden among persuadable and low-turnout voters. Voters who either weren’t backing a major-party candidate or who said they could still change their mind said they thought Mr. Biden would be better at choosing the next justice by an 18-point margin, 49 percent to 31 percent. And voters who said they weren’t “almost certain” or “very likely” to vote said they thought the same by an even larger 52-23 margin.
Of course, there’s no guarantee that Mr. Biden will retain a lead on the issue. Perhaps Mr. Trump’s standing on the issue will benefit if he rolls out a popular nominee. But another divisive fight over the Supreme Court might also prove to be the kind of exhausting, partisan conflict that leaves many voters seeking a more bipartisan approach to politics. That might be good news for Mr. Biden, who enjoys a commanding lead on which candidate would do a better job of unifying America. …
It will be interesting to see if McConnell can find 49 other GOP senators willing to go along with confirming a Trump nominee until after the inauguration. Murkowski and Grassley have made it pretty clear that they would not support it. This couldn’t come at a worse time for Collins and Lindsey Graham is clinging to his seat by his fingernails. Romney wouldn’t be a sure “yes” vote either. Their best option is to try and kick the can down the road. Besides, they really don’t give a damn about abortion. What they really care about is their own survival. And if McConnell does manage to push through a confirmation, the GOP will likely pay a very heavy price next year. It would all but guarantee the Dems taking control of the Senate, which means McConnell would not be able to stop the Dems from adding two new justices, redistricting and realigning inferior courts, and making Puerto Rico the 51st state. That’s what happens when you break longstanding norms.
The logic I think favors a vote pre-election on the vacancy. Yes, it probably favors Biden if left open. So try to fill it would be the response. The issue of how and when filled would be on the table, but the vacancy would not. Murkowski I’d guess would be a “No”. After that, much harder to predict. Yes Collins does not want to vote, but it would not be a vote on wanting to vote, but on a nominee. Romney similar situation…. “Do I vote for Lagoa (example) right now, or really let Bernie tell Joe who it has to be next year? Or maybe Trump wins anyway and my public life is completely undone with a “No”?” If McConnell can get to a vote, I’m guessing it will end up being pretty “normal”. If Kavanaugh made it without Pence, I like nominee X’s chance her.
Trump will want it filled before any election cases get argued. If Mitch can’t get it done with the nominee, then there will be a recess appointment when the Senate goes out for the election. But it will be a peculiar one. It won’t be the nominee. It will be someone with no reason to recuse from election cases. Maybe a conservative retired judge.
Roberts pushes any sensitive social cases to 2021 and the “beloved” Anthony Kennedy comes out of retirement for a couple months.
Time to check your meds.