Ted Cruz raises possibility of keeping seat vacant on Supreme Court

[groundloop]

Source: CBS News

Texas Sen. Ted Cruz is raising the possibility that Republicans would decline to fill the Supreme Court’s vacancy if Democrat Hillary Clinton is elected president.

Cruz is the second Republican to suggest that the GOP will simply block any Democratic nominee to replace the late Justice Antonin Scalia, who died in February. Arizona Sen. John McCain made a similar assertion earlier this month.

“There will be plenty of time for debate on that issue, there is long historical precedent for a Supreme Court with fewer justices, just recently Justice (Stephen) Breyer observed that the vacancy is not impacting the ability of the court to do its job, that’s a debate that we are going to have,” Cruz said, in a quote later provided by his office.

Breyer said this week on MSNBC’s “Morning Joe” program that “the mechanics works about the same” with a 4-4 split on the court as they do with the normal 5-4.

Read more: http://www.cbsnews.com/news/ted-cruz-raises-possibility-of-keeping-seat-vacant-on-supreme-court/

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THIS is why we need to get out the vote and retake the Senate!!!! The obstruction must end!!!

[oberliner]

1. I'm sure he'd be saying the same thing if Democrats were blocking a Republican nominee

He wouldn't be yelling and screaming at the Democrats for being obstructionist and so forth. Right?

[paleotn]

2. Go ahead, Ted. Give it a shot.

Remember how such blatant obstruction worked out for ole Newt. Idiots.

[adigal]

32. The problem is that it hasn't hurt them at all yet

And unless Hillary makes more of it than Obama has done, it won't hurt them to leave the seat vacant in the future.
If the Dems play this game also, we could have an empty Supreme Court. But we all know the Dems would cave and give the Republicans what they want.

[beachbum bob]

3. not true, a 4-4 split means the lower court ruling remains in effect

which are often at odds with supreme court when it was dominated by conservatives, Its actually its almost as good as having a liberal named to fill scalia's spot. The fact that conservatives wish more obstruction needs to be stopped and the change in filibuster rules and secret holds will and must be the FIRST steps the new democratic senate majority must make.

[groundloop]

5. You're correct, ASSUMING cases don't come from a highly conservative lower court

I've been reading lately that repubs are picking and choosing what court to file cases in based on their makeup.

Democrats campaigning for office right now need to be hammering home the point that repubs are usurping the constitutional function of our government for partisan gains.

[jberryhill]

44. The problem is if there is a conflict between the appeals court

If the First Circuit Court of Appeals decides an issue one way, and the Ninth Circuit Court of Appeals decides the same issue the other way, and if the Supreme Court deadlocks, then "federal law" can have two different meanings depending on whether one is in Massachusetts or California.

[Old Vet]

4. Just sad, Because looking ahead of the next four years of HYPER-PARTISAN politics..........

Well, If you didn't think the shit storm Obama has had to deal with for eight years, That's gonna be fun compared to what the republicans have up there sleeve for Clinton. Its going to be fucking UGLY.

[groundloop]

7. Yes, just saying the name 'Clinton' makes repubs' blood pressure go up

They have a pure hatred for the Clintons, and will do anything and everything to undermine any member of that family. We desperately need to retake Congress in order to have any hope of passing meaningful legislation.

[Cosmocat]

26. It is going be complete shit storm

and this issue will kick it off.

The sad thing is, in 08, I flipped my support to BHO because while I knew they would be assholes, he is just a cool guy with so little history, I felt they might be a little better with him than Hillary.

And, somehow they were even worse with him than they were with Bill.

If they ginned themselves up to lunacy they did with BHO, who was so careful in his wording, and really was ready to work with them, they are never, NEVER going to work with ANY democrat.

But, as the other poster noted, Hllary ... It is going to be truly sad.

And, what makes it worse, as they did with Bill and BHO, they will blame it on THEM, and the "liberal media" will gleefully enable that ...

[adigal]

33. I do think Clinton is more of a fighter than Obama

He rarely mentions the obstruction of his nominee. He should mention it in every interview, every rally, get people pissed about it. He doesn't and it puzzles me as to why he doesn't use his bully pulpit more effectively.

[Vinca]

6. If they block all of Hillary's SCOTUS nominees, we the people need to sue the Congress

to get the money back we pay them in salaries and benefits. If they don't want to do the job, it's all just a scam.

[beachbum bob]

9. no mechanism to "sue" Congress

just have to remember in 2018

[yeoman6987]

42. Just remember 2018?

I'd rather not. 25 seats to their 8 seats and mid term. Ugh!

[SoCalNative]

10. I say we the people should initiate

impeachment proceedings against any elected representative who refuses to do their job.

[groundloop]

13. I notice that nobody is talking about a "2nd Amendment solution"

There's certainly a difference in how Democrats express themselves versus right wingers.

[HAB911]

24. 2nd Amendment solution would only come into play

if the shoe were on the other foot

[DK504]

41. SCOTUS

SCOTUS should refuse to hear any more cases until the Senate does their damn job and have hearings for ALL federal judges.

Turtle McConnell should be all over this crap and realize all Americans are tired of them receiving nearly $250K and the best health care in the country all the while they are on vacation 6 months of the year.

[LakeArenal]

57. Don't forget their magic carpet ride PENSIONS!

[DallasNE]

8. Retaking The Senate Is A Necessary First Step

But Republican Senators could still refuse to fill the seat by using the filibuster.

Don't understand why Justice Breyer would say such a thing because a 4-4 vote settles nothing, leaving in place a temporary lower court ruling so judge shopping will play a huge roll in where suits are filed.

[groundloop]

11. Breyer didn't say that exactly, Cruz was putting words in his mouth

"The mechanics work about the same" isn't saying that there's nothing wrong with leaving a vacant seat.

[apcalc]

12. That' Ted's mindset...my way or forget it.

Unfortunately , the bagger mentality exists in other currently elected Republicans. Mostly toddlers....

[ChairmanAgnostic]

14. Just another example of how Trump has destroyed the body politick

Two years ago, if any senator would have pledged to block every judicial nominee of president, the uproar would have been YUGE. But the Trumpian stain that carrot top has created has taken away any shock value that Cruz may have stoked in earlier days. In fact, Cruz almost sounds normal for the GOP these days. Which actually is rather insane, when you think it through.

Can anyone imagine Romney, Dole, McCain, or even W threatening such an anti-democratic action?

Today, Cruz almost seems sane when compared to Trump, and this threat is barely making a ripple in our DePraved New Whirled.

At some point, even JOE Sixpack will take notice that the GOP is nuts.

[dalton99]

37. Mr Sixpack can't tell the Supreme Court from the department of law in the White House

[ChairmanAgnostic]

40. You mean . . . There is a difference?

[longship]

15. Why isn't this yet a huge campaign issue?

Especially with the US Senate hanging on the edge?

Why isn't everybody talking about this?

WHY???

[Emilybemily]

16. Fuck you KKKruz you fucking piece of shit.

God that fucker is unAmerican. God damned traitor.

[TheCowsCameHome]

18. You plagarized my thoughts. I'm going to sue you.

Actually, you beat me to the punch.

Gawd, that Cruz is absolute scum.

[HAB911]

25. I live in Florida, Rubio is my congressman(for now)

I sent this letter to Rubio back when Tehran Tom Traitor was talking to Iran and this is still my opinion of Cubans in America:

Although I signed one of the many on-line responses to your involvement in Tom Cotton's letter to Iran, the more time has passed, the more I feel that was not nearly enough.

Living in Tampa since 1974 has provided a totally immersive experience in wonderful Cuban culture and people. I've worked with and lived beside many wonderful Americans of Cuban descent over the years. The Cuban culture has thrived in Tampa for a hundred years.

But this Tampa culture is not the neo-Cuban culture from which you come, and parenthetically that of another very similar to you, Ted Cruz. The two of you have in a few short years made me come to see the neo-immigrant Cubans of South Florida as an extremely distasteful lot.

I know neither of your families ran from Castro, even though you attempted to infer or claim so, having left Cuba prior to the revolution. Regardless, you and Sen. Cruz and all the neo-immigrant Cubans of South Florida have so skewed MY country's politics to the right, with simple and singlemindedness, it can hardly be recognized.

This letter to Iran is just the final straw, right behind your position of anti-science climate change denial.

You may feel this is your country, I no longer do. My fervent hope is President Obama opening up relations with Cuba, might in the near future afford you, and Sen. Cruz, the opportunity to return to your homeland and do whatever it is you want with it. Being a left-leaning Democrat, statements like this are anathema to me, but this is what YOU have brought me to. There is no expectation of changing your opinion or course, but it's important you know these feelings are out here, if you don't already.

I'm sorry for both of us, because you disappoint me deeply.

[McCamy Taylor]

17. Can Clinton do a recess appointment?

[groundloop]

30. Not so long as repubs control the Senate, they'll keep one member there so it's not in recess

They'be been playing that game for quite awhile now, just to make sure that evil black President can't do anything.

[TheCowsCameHome]

19. Go to Hell, you dirtbag wacko Canuban

Stinking piece of crap.

[wishstar]

20. Repubs are hoping a 2nd vacancy occurs (a liberal) so SC will have conservative majority again

I believe they hope if they can retain Senate and Congress and stall long enough, a liberal justice or two will retire or die and court again slant conservative while they continue stalling until they have a chance for Repub back in White House after 2020 elecition.

[Zing Zing Zingbah]

61. I'm so sick of their dirty politics.

The most bizarre thing is all the people that vote Republican are convinced that the Democrats are the ones pursuing dirty politics. It makes me think this country is screwed because so many people are brainwashed and oblivious.

[blm]

21. DONATE TO DEBORAH ROSS - NC senate race will determine control of senate.

Donate directly to Ross campaign or to NCDP.

https://www.deborahross.com

[patsimp]

22. message to voters: get rid of republicans in congress- they care nothing about the country

[Historic NY]

23. They want to paralyze the court & deny justice....

how un-American

[anoNY42]

27. I thought they were going to let the voters decide

by electing a President who would then fill the seat...

[exboyfil]

43. From Cruz's website

“I proudly stand with my Republican colleagues in our shared belief – our advice and consent – that we should not vote on any nominee until the next president is sworn into office.

https://www.tedcruz.org/news/cruz-not-vote-supreme-court-nominee-next-president-office/

[LisaL]

28. With that attitude, supreme court will eventually dwindle to nothing.

Since none of them are spring chickens.

[Cosmocat]

29. And there is precedent for 10 justices

too ...

WIN THE SENATE.

Schumer has to drop the filibuster on day one, or they will block any new justice for the next two years until they have a chance to win the senate back in 2018 ...

He can then negotiate it back with provisions allowing them to do their business over the next two years.

[groundloop]

31. Their plan will certainly be to stall and make Pres. Clinton look weak....

Thereby ensuring they retake Congress in 2018. We Democrats never do a good job of getting our voters to the polls for midterm elections, and we'll have a lot more seats at stake in 2018 than the repubs as well.

[Thav]

34. Woo, at least two more years

ON which congress does nothing due to republican obstruction.

Republicans are great at projecting - they complain about all the lazy moochers who steal from hardworking Americans, when we pay congress people an absurd salary regardless if they do their job or not; lately they're laughing it up by not doing their jobs yet getting $lots.

[perdita9]

38. We will never have a working government with the GOP in power

[lonestarnot]

39. No because all they know is nutfuckery and obstruction and vacations on our dime.

[rdking647]

45. hears what the dems need to do if teh GOP tries this

teh constitution doesnt say what advice and consent means

Hillary could issue an executive order that states that by refusing to vote on a nominee they senate has given its tacit consent.

of course the senate would challenge that in court but theres a good chance that a court would determine that by shirking their duty the senate has consented. and the challange would have to go thru the DC court of appeals which is dominated by clinton and obama appointees. after that it would have to go to the supreme court with a 4-4 split

[RaymondLuxuryYacht]

46. Let's give them a bit of their own. If 8 is good, 11 is better.

There is no constitutionally set number so 13 wouldn't be out of the question.

[UpInArms]

49. if the senate fails to do its Constitutional duty

they should be impeached

[athena]

50. They're effectively getting rid of the Supreme Court.

During HRC's term, two or three more seats could become vacant. What are they going to do? Wait until they re-gain the presidency? With that kind of attitude, that is likely to be never.

This country was designed to have three separate but equal branches. Republicans are basically reducing that to two. Anyone who respects the Constitution should recognize how wrong and dangerous this is.

[jzodda]

51. First things first

Let's win the white house and the Senate.

Then if they try this use the nuclear option. Get rid of the filibuster for Supreme Court. Sure it may be uaed against us one day but we have to have a Senate that's doing its job. This 60 votes to get stuff done has got to go.

[blueseas]

52. Throw them out!

Turn Congress Blue!

[mdbl]

55. [phone]

[blueseas]

56. Thanks

[pansypoo53219]

53. so much for constitutional purism. say hello to sedition.

HUGE losers.

[Warpy]

54. You mean one branch of the government destroying another branch?

Oh, Teddy, do you know what TREASON is? You and your pal Mitch better think very, very carefully about this one. I understand the penalty is quite severe and involves a noose, not a pleasant way to go.

Goldwater warned the Republicans about these bastards. Reagan was greedy and stupid and brought them in.

[colsohlibgal]

58. It Would Be To Their Own Peril

If they dare do it Dems should show daily video of them screaming for an up or down vote when the shoe was on the other foot.

Oh and they would put the future of their party in even more jeopardy of going the way of the Dodo, which is apt.

This obstitence started with Bill Clinton, obstruct, deny, obstruct, deny....then went nuclear when the black guy got in. There used to be decent republicans like Eisenhower, Nelson Rockefeller, Bill Scranton to name 3, who are all likely rolling over in their graves.

[jmowreader]

59. There's a very simple way to get another justice on the Supreme Court

Step 1: Get the California legislature to pass a gun control law. Any gun control law will do.

Step 2: Create a "grassroots" group to challenge the law through the 9th Circuit. Make sure the challenges fail.

Step 3: Get a writ of certiorari granted at the Supreme Court. All four liberal justices vote to uphold the law. All four conservatives vote to overturn. Ties go to the lower court - which upheld it.

Step 4: Remind the repukes the reason the law stands right now is the evenly divided Supreme Court, and the law was bad enough that a nice, moderate justice would have voted to overturn it.

Step 5: Hillary advances a somewhat-left-of-center judge - not a Stephen Reinhardt type but someone more in the mold of Anthony Kennedy or Oliver Wendell Holmes, both of whom are liberal but neither of whom are bomb-throwers - to fill Scalia's empty seat. Reassured that Hillary isn't going to try to slip the senior counsel for ACORN on the bench when they're not looking, the court begins its next term with a full slate of justices.

[Zing Zing Zingbah]

60. What's the "long long historical precedent for a Supreme Court with fewer justices"?

Someone please tell me what he is talking about. I have never heard this one before.