Supreme Court nominee

The Futility of Disbelief (One Hundred Days and Nights of Donald)

#wellduh | #WhatTheyVotedFor

President Donald J. Trump (@realDonaldTrump): "No matter how much I accomplish during the ridiculous standard of the first 100 days, & it has been a lot (including S.C.), media will kill!" [via Twitter, 21 April 2017]

Perhaps Pramuk and Schoen come across as, well, disbelieving and perhaps a bit tacit:

Donald Trump just called using his first 100 days in office to judge him a “ridiculous standard,” but he repeatedly boasted about what he would achieve in that exact time frame before he took office.

And, no, that isn’t so much, but that’s also just the lede. The remaining five paragraphs seem to presume something everybody ought to be in on, some vital tacitry. And this is President Donald Trump, so, yes, yes there is indeed some vital tacitry afoot.

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Not Quite #WhatTheyVotedFor

#Justice | #WhatTheyVotedFor

washington-v-trump-bw

Let us start with Maura Dolan of the Los Angeles Times:

A three-judge panel of the U.S. 9th Circuit Court of Appeals declined early Sunday to immediately block an order from a federal judge in Washington that halted the travel ban.

Instead, the panel established a rapid schedule for written arguments.

A brief from the two states that challenged the ban was filed early Monday. The administration’s response was due at 3 p.m. Pacific time. A panel ruling could come anytime after that―most likely within a week, experts said.

The three judges who happen to be sitting on the 9th Circuit’s motions panel this month and who will rule on the case are William Canby Jr., a President Carter appointee; Richard Clifton, appointed by President George W. Bush; and Michelle T. Friedland, appointed by President Obama.

Clifton is considered moderately conservative and the two Democrats are viewed as moderately liberal. The 9th Circuit is broadly viewed as the most liberal federal appeals court.

If Trump loses, he could immediately go to the U.S. Supreme Court. Justice Anthony M. Kennedy, who handles matters from the 9th Circuit, would probably ask the other justices to weigh in.

Erwin Chemerinsky, dean of the UC Irvine School of Law, suggested Sunday that the 9th Circuit was likely to rule against the Trump administration.

“Virtually every judge to consider the executive order has said that there is a substantial likelihood that it is unconstitutional,” Chemerinsky said in an email. “Both Republican and Democratic appointees have come to this conclusion. Having read some of the briefs in these cases, I think any court is likely to come to this conclusion.”

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The Problem With Republicans (Justice in Waiting)

Presumptive Democratic presidential nominee Hillary Clinton speaks to the General Conference of the African Methodist Episcopal Church during their annual convention at the Pennsylvania Convention Center in Philadelphia, Pennsylvania, 8 July 2016. (Photo: Charles Mostoller/Reuters)

“I promise you that we will be united against any Supreme Court nominee that Hillary Clinton, if she were president, would put up.”

Sen. John McCain (R-AZ)

It’s not really a gaffe, is it? It’s an interesting headline from CNN: “John McCain: ‘I don’t know’ if Trump will be better for Supreme Court than Clinton”

Trump has released lists of 21 potential justices. He has pledged to choose from among those 21 when making Supreme Court selections, in a move that has earned him praise from conservatives, including his former rival in the Republican primary, Texas Sen. Ted Cruz.

Senate Armed Services Committee Chairman Sen. John McCain (R-AZ) listens to testimony by U.S. Forces-Afghanistan Commander and Resolute Support Commander Gen. John Campbell, on Capitol Hill in Washington, 4 February 2016. (Photo by Manuel Balce Ceneta/AP Photo)Asked on the Dom Giordano program on 1210 WPHT Philadelphia radio whether Trump was the superior candidate on issues like the Supreme Court, the Arizona senator replied, “Uh, first of all, I don’t know, because I hear him saying a lot of different things.”

Later in the interview, McCain used the opportunity to make the case for fellow Republican Sen. Pat Toomey, who is locked in a close battle to retain his Senate seat in Pennsylvania. McCain promised that Republicans would be “united against any Supreme Court nominee” put forth by Clinton.

“I promise you that we will be united against any Supreme Court nominee that Hillary Clinton, if she were president, would put up,” McCain said. “I promise you. This is where we need the majority and Pat Toomey is probably as articulate and effective on the floor of the Senate as anyone I have encountered.”

Or, as Taylor Link fashioned the obvious lede for Salon:

Sen. John McCain is sure that if Democratic presidential nominee Hillary Clinton wins, the Senate will continue to be an obstructionist mess.

In a Monday interview, the senator from Arizona said that Republican nominee Donald Trump is not necessarily a better candidate than Hillary Clinton when it comes to appointing Supreme Court justices and “promised” that Republicans wouldn’t approve any Clinton nominee to the Supreme Court.

Couldn’t see that one coming, eh?

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The New Mundane (Petty Grotesquerie)

Senate Finance Committee Chairman Orrin Hatch (R-UT), left, is flanked by House Speaker Ryan (R-WI), right, while signing the American Manufacturing Competitiveness Act of 2016, on Capitol Hill, 18 May 2016, in Washington, DC. (Photo by Mark Wilson/Getty Images)

There are days when we might simply shrug and say, “Yeah, it happens.” But, you know. This happened:

Sen. Orrin Hatch (R-Utah) hasn’t yet met with Supreme Court nominee Merrick B. Garland for what has been a long anticipated encounter between the former Judiciary Committee chairman and the federal appeals court judge he has long praised.

But when the meeting does happen, don’t expect Garland to succeed in convincing Hatch to support his nomination, because Hatch has already declared that it won’t.

“Like many of my Senate colleagues, I recently met with Chief Judge Merrick Garland, President Obama’s nominee to the Supreme Court. … Our meeting, however, does not change my conviction that the Senate should consider a Supreme Court nominee after this presidential election cycle,” Hatch wrote in an op-ed published on the website of the Deseret News early Thursday morning and later removed. It remains available in a Google database.

The headline for Mike DeBonis’ Washington Post report is straightforward: “Sen. Orrin Hatch reacts to meeting with Merrick Garland before it occurs”.

Look, the simple fact is that once upon a time politicians used to at least pay lip service to the notion of statesmanship. Certes, the Utah Republican knows this after thirty-nine years in the United States Senate.

It seems futile to complain about such petty grotesquerie; we probably ought to be thankful Republicans aren’t calling for Second Amendment solutions to the Garland nomination. Nonetheless, it’s worth reminding that the presidential contest is neither the only evidence of Republican unfitness to govern nor any manner of surprise. Republicans have labored hard to achieve such depths. The presidential contest is symptomatic. Orrin Hatch’s continued descent is emblematic.

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Image note: Senate Finance Committee Chairman Orrin Hatch (R-UT), left, is flanked by House Speaker Ryan (R-WI), right, while signing the American Manufacturing Competitiveness Act of 2016, on Capitol Hill, 18 May 2016, in Washington, DC. (Photo by Mark Wilson/Getty Images)

DeBonis, Mike. “Sen. Orrin Hatch reacts to meeting with Merrick Garland before it occurs”. The Washington Post. 26 May 2016.

The Republican Message

"Meet Merrick Garland" ― Detail from screenshot of GOP.com.

Let’s talk about messaging.

Okay, we get that President Obama is the big bad villain and all that, but am I the only person who noticed that the GOP “oppo dump” against Judge Merrick Garland, besides being utterly flaccid, is filed under “Hillary Clinton”?

(sigh)

Here. Consider this note, please, from Greg Sargent, offered a couple days before the president nominated Judge Garland:

Republican operatives will “vet that person and put their real record on display.” Ideally, of course, this is what would happen if the Senate were to hold hearings on that person. But that might afford the nominee a chance to directly respond to his or her Republican cross-examiners in a high profile setting (as opposed to only having Democratic groups mount all the pushback, which of course they will also do, once there is a nominee). Direct exchanges between the nominee and Republican Senators, alas, might reflect well on that person. And so the only “vetting” and examination of the nominee’s “real record” will be undertaken through the RNC and associated GOP-aligned groups.

That’s not meant as sarcasm. It’s the actual Republican party-wide position right now. Remember, Senate Republicans themselves have told reporters that they don’t want to hold hearings explicitly because it would risk drawing the wrong kind of media attention to the nominee, thus making it harder politically for GOP Senators — particularly vulnerable incumbents facing reelection in states carried by Obama — to oppose that person later.

It also seems a good time to reiterate Stuart Rothenberg’s recent reflection on this year’s U.S. Senate races. No, really. Trying to tie it all together is an exercise in futility, because it’s almost like a harm reduction scheme implemented in advance of scheduled self-harm. And, yes, that sentence is supposed to read so ridiculously; that’s kind of the problem.

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Image note: Detail of screenshot from GOP.com, taken 19 March 2016.

Republican National Committee. “Meet Merrick Garland”. GOP.com. 16 March 2016.

Rothenberg, Stuart. “Dem Senate Takeover Probable, If Cruz or Trump Nominee”. Rothenblog. Roll Call. 13 March 2016.

Sargent, Greg. “In Supreme Court fight, Republicans lead with their chins”. The Washington Post. 14 March 2016.

Not About Anything But Democrats, According to Republicans

Judge Merrick Garland of the U.S. Court of Appeals is introduced as a Supreme Court nominee, at the White House Rose Garden in Washington, D.C., 16 March 2016.  (Detail of photo by Kevin Lamarque/Reuters)

“Naturally, I would like to have him treated fairly, but a lot depends on who’s elected, a lot depends on who’s going to be president.”

Sen. Orrin Hatch (R-UT)

Via Reuters:

Two key U.S. Senate Republicans signaled they would be open to considering after the Nov. 8 presidential election President Barack Obama’s Supreme Court nomination of Merrick Garland, the centrist judge who was set on Thursday to begin meeting with senators.

The comments by Utah’s Orrin Hatch and Arizona’s Jeff Flake, members of the Judiciary Committee that would hold any confirmation hearings, came a day after Obama nominated Garland to the lifetime position on the high court to replace conservative Justice Antonin Scalia, who died on Feb. 13.

Senate Republican leaders have vowed not to hold confirmation hearings or an up-or-down vote on any Supreme Court nominee put forward by Obama, whose term ends in January. They want the next president to make the selection, hoping a Republican wins November’s election.

Flake said while Republican leaders were “fully justified” in delaying action on confirmation, if the Republicans lose the White House race the Republican-led Senate “ought to look at this nomination in a lame-duck session in November.”

And while it’s true that something goes here about the futility of predicting conservative behavior, it’s worth reminding that part of the reason for this is that even Republicans aren’t paying attention.

This is the problem: They’re not even trying.

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Your Headline of the Duh

Supreme Court Justice Antonin Scalia testifies before a House Judiciary Commercial and Administrative Law Subcommittee hearing on Capitol Hill in Washington, May 20, 2010. (Detail of photo by Kevin Lamarque/Reuters)

The headline from Roll Call we might file as obvious: “Supreme Court Vacancy Could Lead to Even More Gridlock”:

Republicans, including Cruz and Rubio on the Sunday shows, have cited the so-called “Thurmond Rule” in saying the chamber shouldn’t confirm any such nominees in the last year of a president’s term once the presidential race is underway. It’s named after Sen. Strom Thurmond, R-S.C., who chaired the Judiciary Committee from 1981 to 1987.

“There is no such thing as the Thurmond Rule,” Senate Judiciary ranking member Patrick J. Leahy, D-Vt., said on CNN’s State of the Union on Sunday. Leahy cited the Democratic-controlled Senate’s confirmation of several of Republican George W. Bush’s lower court nominees in September 2008 as evidence that there is no such tradition or rule.

Remember, when this stuff finally makes it ’round to the evening news, then the morning infotainment, that we’ve already heard it.

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Image note: Supreme Court Justice Antonin Scalia testifies before a House Judiciary Commercial and Administrative Law Subcommittee hearing on Capitol Hill in Washington, May 20, 2010. (Detail of photo by Kevin Lamarque/Reuters)

Dick, Jason. “Supreme Court Vacancy Could Lead to Even More Gridlock”. Roll Call. 14 February 2016.