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Saturday, February 13, 2016

JUSTICE SCALIA DEAD

Justice Scalia died unexpectedly  today at age 79. He was found dead at a resort in Texas. 

The NY Times story is here.

Not to get too political here in this hour of loss and sadness, and make no mistake, this is a loss of monumental proportions, but is there anyway in hell Obama gets a Supreme Court Justice through the Senate? 

UPDATE: We just confirmed that the President can make a recess appointment to the Supreme Court. With two terms of the supreme court at issue until the next president is sworn in, and with 25% of Obama's second term still to be served, the President cannot wait as the republicans have already said, until the next President is sworn in. 

Query: Would you want to be the sacrificial lamb as the President's nominee to the court? 


15 comments:

CAPTAIN JUSTICE said...


THE CAPTAIN REPORTS:

AND YOUR NEXT ASSOCIATE JUSTICE OF THE SUPREME COURT IS .....

Tonight, on CBS, there is another Republican debate. This issue will be topic number one. The question that will likely be asked by the short-sighted commentators will be : "Who should name Scalia's replacement, Obama or the next President?"

The question that should be asked:

Senator Cruz, (for example), if you were President right now, would you expect to name Scalia's replacement or would you pass on that and leave that to the next President.?

Unbelievably, Cruz and Rubio, and now Senator Mitch McConnell, the Majority Party Leader, have said that the next President should name the replacement to Scalia. So, Obama, who has nearly 25% of his four year term remaining, his last day in office is January 20, 2017, should waive the last eleven months he has in office and pass on the nomination.

Captain Out ....
Captain4Justice@gmail.com

Fake Mr. Justice Hirsch said...

Ahemm....when the moment and the man meet.....just sayin....

Anonymous said...


Bam. Captain hit it right on the head. The longest time it has ever taken in history for a nomination to get thru the Senate is Justice Thomas, who took three and one half months. Remember the coca cola can and the pubic hair.

So, if Obama nominates someone in March, and it took four months, that takes us to July. That's still six months before Obama leaves office. But unless he names a centrist, Obama has no chance getting his nominee thru.

Of course, if he names a federal judge that got thru 97-0, just two years ago, how can they stop that nominee. I'm speaking of course of Judge Sri Srinivasan.

CAPTAIN JUSTICE said...

The Captain Reports:

Anyone ever heard of Justice William Brennan? He served on the Court from 1956-1990. He was appointed by President Eisenhower in October of 1956, three weeks before the 1956 Presidental election. And get this, Brennan's appointment was a Recess Appointment.

Why don't they ask Rubio and Cruz how they feel about the precedent of a sitting Republicn President, who was in the midst of a battle to retain the White House, three weeks before Election Day, naming Brennan to the High Court, and doing it as a Recess Appointment.

Can't wait to hear their answers.

Cap Out .....

Anonymous said...

Ooh, yeah, yeah, let's ask them and see what they say about something that happened 60 years ago when Eisenhower in an attempt to be a centrist and do the right thing appointed Brennan, who he later called the biggest mistake of his presidency. Yeah, yeah, let's do it.

I'd prefer to sit back and watch all the county court lawyers like Cap become SCOTUS experts all of the sudden. Far more amusing.

Anonymous said...

The Senate'd better blocks whoever Obama appoints.

Anonymous said...

Jordan is clear choice.

Angry Girl said...

That's what happens to disgusting fatbodies who don't take care of themselves.

Look at retired Justice David Souter. He is thin and in shape. He hikes most days. He eats just an apple for lunch.

But the rest of those members of the court except Ginsberg are real chunkaroos.

Anonymous said...

love how Four chins Mcconnell said we have to wait till election


I am sure he would not be saying that if Mitt Romney was the president

Anonymous said...

Dude died at 79. How is that "unexpected"

Anonymous said...

Nominate Ted Cruz, clear the way for Trump, which makes Sanders or Clinton a shoe in, oh well . . . . just a thought

Anonymous said...

I say nominate our own "Mr. Justice Milt Hirsch" to fill the vacancy. The Justice Buildings' loss is Washingtons' gain.

CAPTAIN JUSTICE said...


THE CAPTAIN REPORTS:

You can joke all you want 9:15 pm about my highly successful Trafiic Ticket practice, but watch the next seven days closely. It is the only window Obama will have to legally and constitutionally name a replacement to Scalia by Recess Appointment. Both houses of congress are adjourned until 2/22 and that means Obama has until that date to name a Recess Appointment. If it doesn't, he will never have another opportunity to do so because we know that the Senate will never adjourn for more than three days for the rest of his term just to ensure he has no chance of pulling off that constitutionally permitted feat.

Anonymous said...

Angry Girl,

That anger (blood pressure) will kill you a whole lot quicker that an extra fifteen pounds.

Anonymous said...

http://www.breitbart.com/big-government/2016/02/14/sen-schumer-senate-can-block-scotus-nominees-for-18-months/