tag:blogger.com,1999:blog-19039943.post615936120214701373..comments2024-03-29T08:14:13.708-04:00Comments on THE BLOG: SOME LONG HELD THOUGHTS ON JUSTICE SCALIA AND THE APPOINTMENT OF A NEW JUSTICERumpolehttp://www.blogger.com/profile/08380575650255695462noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-19039943.post-20027238191637381292016-02-16T21:27:45.751-05:002016-02-16T21:27:45.751-05:00Answer - the court determined that the White House...Answer - the court determined that the White House had created the recess, when the Senate was not. Here they are recessed by their own motion. They are clearly in recess. I don't think they would even be able to timely entertain any suit to prevent the new appointee from taking office. But circle your K and I will keep hacking along.The Professorhttps://www.blogger.com/profile/16514637876618184788noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-30641888629233379562016-02-16T09:29:01.596-05:002016-02-16T09:29:01.596-05:00Really, Professor? Afte get get slapped down by th...Really, Professor? Afte get get slapped down by the Supreme Court 9-0 last time he made recess appoinmtments you think it's good idea? You're a hack.<br /><br />Circle KAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-73547951442014884202016-02-15T15:19:44.364-05:002016-02-15T15:19:44.364-05:00I didn't realize it was a tenet of Catholic fa...I didn't realize it was a tenet of Catholic faith to permit the democratic process to decide whether to adopt radical social changes that would reverse precedents and ideals in place for hundreds of years. I also thought the meaning of "original" was pretty commonly understood. Thanks for correcting me.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-39321585127755016142016-02-15T13:26:19.557-05:002016-02-15T13:26:19.557-05:00Brilliant post and an accurate reduction of the Ju...Brilliant post and an accurate reduction of the Justice. Wonderful and interesting writer but a political hack nonetheless. To quote the philosopher Costanza "Not that there is anything wrong with that."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-27342212648558683722016-02-15T12:31:02.248-05:002016-02-15T12:31:02.248-05:00The issue: Should President Obama make a recess a...The issue: Should President Obama make a recess appointment to SCOTUS.<br /><br />What is a recess appointment? They are specifically permitted under Article II section 2 of the US Constitutional: <br /><br />“The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions, which shall expire at the end of their next Session.”<br /><br />Being true to what observers have stated about Justice Scalia’s constitutional philosophy regarding the intent of the original framers, one only has to look to Alexander Hamilton’s Federalist Papers:<br /><br />“The ordinary power of appointment is confined to the President and Senate jointly, and can therefore only be exercised during the session of the Senate; but as it would have been improper to oblige this body to be continually in session for the appointment of officers and as vacancies might happen in their recess, which it might be necessary for the public service to fill without delay . . .”<br /><br />All presidents have made recess appointments, even in election years. Justice William J. Brennan was appointed to SCOTUS by President Dwight D. Eisenhower (a Republican) in 1956 through a recess appointment. This was done in part with an eye on the presidential campaign that year. Eisenhower was running for reelection, and his advisors thought it would be politically advantageous to place a northeastern Catholic on the court. Brennan was promptly confirmed when the Senate came back into session.<br /><br />There should be no delay in filling this vacancy. SCOTUS has before it cases upon which the decisions may have precedent for decades. Matters relating to women’s reproductive rights, voting rights, public employees labor rights and most importantly the legitimacy of Presidential Executive Orders on immigration and other matters.<br /><br />Yes, whoever takes the seat may find himself or herself out as early as next January, but think about the ability to frame constitutional law for generations to come. I don’t know many who would say no to that opportunity, even if it were as a sacrificial lamb. We are not only talking about cases this term, but some that will be heard early next term.<br /><br />I understand the downstream consequences to the Democratic candidate this fall, but some things may be more important. Additionally, there a large number of Republican Senators from purple states who will have to deal with the issue in their re-elections. The defense of a recess appointment could energize the democratic electorate, especially if important decisions go the liberal way and also need to be protected. That could swing the Senate to the Democrats and assure the appointment will stick.<br /><br />Conclusion: President Obama should take McConnell and Grassley at their word, and determine that he will never get a nominee through before the election, and make the recess appointment now.<br />The Professorhttps://www.blogger.com/profile/16514637876618184788noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-33880504664887340182016-02-15T12:06:01.729-05:002016-02-15T12:06:01.729-05:00You've missed the point of my critique. I am n...You've missed the point of my critique. I am not disparaging Scalia's religious beliefs. I am disparaging his contention that his entire yardstick for interpreting the constitution was originalism. It was not. Much of what he did was influenced by his views on what the founders thought and believed. But some of it was based on his conservative political beliefs (Bush v. Gore) and his religion. What I find fault is his carrying the banner for a philosophy that he did not fully follow. Rumpolehttps://www.blogger.com/profile/08380575650255695462noreply@blogger.comtag:blogger.com,1999:blog-19039943.post-59841226152149708282016-02-15T07:15:53.558-05:002016-02-15T07:15:53.558-05:00This is where pseudonymity fails the blog. You han... This is where pseudonymity fails the blog. You hang much (all?) of your critique of Scalia on the claim that he merely dressed up religious conviction as rational argument. <br /><br />Yet this very post of your own presents itself as rational argument, when the poster's ethnic/religious identity is what is really at play. <br /><br /> I don't disagree with you about Scalia. But I hope your penetrating gaze works in the mirror as well. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-19039943.post-4692907232691028122016-02-14T18:25:25.345-05:002016-02-14T18:25:25.345-05:00Only one guy in the courthouse is smart enough to ...Only one guy in the courthouse is smart enough to write this. And we all know who the big guy is. Well done. Anonymousnoreply@blogger.com