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NurseJackie

(42,862 posts)
Thu Jun 2, 2016, 11:42 AM Jun 2016

How many Supreme Court justices is Hillary likely to nominate during her eight years as president?

Go ahead an include whoever she's going to nominate to fill Scalia's vacant seat ... I think it's unlikely that Obama's nominee will be confirmed.

I'm going to guess that she'll have to nominate four new justices (to fill seats left vacant by Scalia, Ginsberg, Kennedy and Thomas).

Ginsberg and Kennedy will retire. Thomas will be impeached or will have sudden health issues. (Just a guess.)



21 replies = new reply since forum marked as read
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How many Supreme Court justices is Hillary likely to nominate during her eight years as president? (Original Post) NurseJackie Jun 2016 OP
Obama's nominee might be confirmed after election day 2016. MADem Jun 2016 #1
You've got a point there ... but I'd read, or heard, elsewhere that ... NurseJackie Jun 2016 #5
Merrick Garland, a Scorpio, will not withdraw his nomination. He's a fighter. President Obama is a BlueCaliDem Jun 2016 #7
Good point pandr32 Jun 2016 #10
Many excellent points, pandr! Thanks for highlighting them. BlueCaliDem Jun 2016 #11
And therein lies the perfect storm of a Master Threat! MADem Jun 2016 #8
3 seats for sure. I love your take on Thomas but could the country get that lucky??? Walk away Jun 2016 #2
Twenty years ago, it would have been great to put him on the court jmowreader Jun 2016 #14
Two of my college age nieces are lesbians, awesome and involved in politics. Walk away Jun 2016 #16
If I had to pick one, it would be McShane jmowreader Jun 2016 #17
How cool is it that a gay Justice struck down a law against same-sex marriage! Walk away Jun 2016 #18
I think she'll nominate three, barring unforeseen health problems by any current members. George II Jun 2016 #3
3 beachbum bob Jun 2016 #4
The average is 2, I think 3. The House has the sole authority to impeach. Agnosticsherbet Jun 2016 #6
4 maybe? Even 5? Thomas is not going to be impeached. n/t Lil Missy Jun 2016 #9
My musings on the Supreme Court Fla Dem Jun 2016 #12
Thanks for the detailed info ... that was interesting. NurseJackie Jun 2016 #13
Dammit, I thought Thomas was pushing mid-70's Tarc Jun 2016 #15
That was interesting.. thank you, Fla Dem! Cha Jun 2016 #20
Six n/t fleabiscuit Jun 2016 #19
I dunno.. but it was Cha Jun 2016 #21

MADem

(135,425 posts)
1. Obama's nominee might be confirmed after election day 2016.
Thu Jun 2, 2016, 11:49 AM
Jun 2016

The great fear will be that HRC will nominate someone Very Young and Very Liberal and maybe even Very Charismatic--and turn America against the Senate.

They'll like Obama's pick, looking at an incoming female POTUS with lots of political capital to spend, because he is a) Moderate and b) No Spring Chicken.

I'd love it if he ended up being a screeching closet liberal with a genetic code that included 110 year old grandparents!

NurseJackie

(42,862 posts)
5. You've got a point there ... but I'd read, or heard, elsewhere that ...
Thu Jun 2, 2016, 11:54 AM
Jun 2016

... at some point, Obama or Garland may withdraw the nomination from consideration and FORCE them to have to deal with someone appointed by Hillary.

BlueCaliDem

(15,438 posts)
7. Merrick Garland, a Scorpio, will not withdraw his nomination. He's a fighter. President Obama is a
Thu Jun 2, 2016, 12:04 PM
Jun 2016

man with incredible patience. Five months isn't a long time for Chief Judge Merrick Garland nor President Obama to wait, so I believe MADem is correct, that when it's clear Hillary Clinton is going to win the G.E. and Dems are poised to win back the Senate, and out of fear that she'll appoint a younger, more liberal candidate, the Repubs in the Senate will do a 180 and quickly confirm him.

pandr32

(11,553 posts)
10. Good point
Thu Jun 2, 2016, 12:59 PM
Jun 2016

This is probably what will happen. Besides, there is nothing wrong with Garland other than he is pretty much in the middle. We Democrats don't need to pull everyone out of the far-left field like many would hope. The point is to reaffirm the dignity of the Supreme Court by filling it with appointees that use reason and not partisanship to guide them while deliberating.

MADem

(135,425 posts)
8. And therein lies the perfect storm of a Master Threat!
Thu Jun 2, 2016, 12:04 PM
Jun 2016

By a Master Threatener, too! LOL!

I'm guessing they'll be given a "Last Chance, Schmucks" and they'll have to weigh if they want to deal with it now, or later. If a few key GOP toadies break ranks the rest will follow.

If that doesn't flip 'em, the next step is to "Name and Shame" the Senators who refuse to consider--that might be quite the PR campaign!!

Walk away

(9,494 posts)
2. 3 seats for sure. I love your take on Thomas but could the country get that lucky???
Thu Jun 2, 2016, 11:50 AM
Jun 2016

So much for the "Roberts Court"!

Wouldn't it be great to put Barney Frank on the court. I think it would be brilliant to have a Justice who represents the LGBT community! That would be radical and awesome.

jmowreader

(50,528 posts)
14. Twenty years ago, it would have been great to put him on the court
Thu Jun 2, 2016, 07:24 PM
Jun 2016

He's 76 years old.

If you would like an LGBT justice, try:

Nitza I Quinones Alejandro (born 1951)
Alison Nathan (born 1972)
Paul Oetken (born 1965)
Michael Fitzgerald (born 1959)
Michael McShane (born 1961)
Pamela Ki Mai Chen (born 1961)

They're all openly-gay federal judges who are young enough to serve on the Court for decades.

http://thinkprogress.org/justice/2013/06/13/2151741/there-are-now-seven-times-as-many-openly-gay-federal-judges-as-when-president-obama-took-office/

Walk away

(9,494 posts)
16. Two of my college age nieces are lesbians, awesome and involved in politics.
Thu Jun 2, 2016, 08:37 PM
Jun 2016

I think it would be incredible to have an LGBT Justice. Imagine, instead of 9 judges deciding your rights, one of the nine is you!

Thanks for the list. I will study it!

Walk away

(9,494 posts)
18. How cool is it that a gay Justice struck down a law against same-sex marriage!
Thu Jun 2, 2016, 08:59 PM
Jun 2016

Thanks again for this information.

Agnosticsherbet

(11,619 posts)
6. The average is 2, I think 3. The House has the sole authority to impeach.
Thu Jun 2, 2016, 11:57 AM
Jun 2016

The Senate then tries the person impeached. The Republican House will never impeach Thomas.

Ginsberg, Kennedy, and Breyer are the most likely to retire in the next 4 years.

Fla Dem

(23,586 posts)
12. My musings on the Supreme Court
Thu Jun 2, 2016, 03:36 PM
Jun 2016

It doesn't look Turtle McConnell is going to allow a vote on President Obama's candidate Judge Garland. If he continues to obstruct, that's at least one spot the new pres (HRC) will get to appoint. Then based on age, I would guess there could be 2 more in the 1st term; RBG will be 87 at the end of the 1st term, Anthony Kennedy will be 83. But who know. RBG may stay until she's 90, and given the sudden death of Scalia, someone may go unexpectedly. The good thing is if HRC is the president, there is no way the senate can block her nominee to fill Scalia's spot. We still end up with a 5-4 center-left Supreme Court. (Merrick Garland is 63)

As much as I admire RBG I hope she retires before the end of the first term. Kennedy and/or Breyer retires. Then we have the possibility of at least 4-5 Justices that will be in their late 50's early 60's.

Sonia Sotomayor........61
Elena Kagan..............56
Pres Obama's or HRC's nominee to replace Scalia
Replacement for RBG sometime during the first term
Replacement for the retirement of Anthony Kennedy or Stephen Breyer

Hopefully all of the replacement candidates will be in their late 50's to early 60's.

We could have at least 5 relatively young center/left Supreme Court Justices.

If they stay in good health, they could dominate the SC for the next 20 years. Of course I am supposing all this with the expectation that HRC will be the next President.

The last 9 justices retired or died between the ages of 70-90.

Antonin Scalia............died at 80
Sandra Day O'Connor retired at 75
David Souter............retired at 70
John Paul Stevens.....retired at 90
William Rehnquist.........died at 81
Lewis Powell............. retired at 80
Harry Blackmun.........retired at 86
Warren Burger..........retired at 79
Thurgood Marshall.....retired at 83

Only 2 justices stayed beyond 85,

Age of current SC Justices

Anthony Kennedy........79......Ronald Reagan
Clarence Thomas........67......George H. W. Bush
Ruth Bader Ginsburg... 83.......Bill Clinton
Stephen Breyer...........77.......Bill Clinton
John G. Roberts..........61.......George W. Bush
Samuel A. Alito, Jr......66.......George W. Bush
Sonia Sotomayor........61.......Barack Obama
Elena Kagan..............56........Barack Obama

Tarc

(10,472 posts)
15. Dammit, I thought Thomas was pushing mid-70's
Thu Jun 2, 2016, 08:29 PM
Jun 2016

He is just an awful, awful human being, but unfortunately looks to be sticking around another 10-15 years easily.

Cha

(296,848 posts)
21. I dunno.. but it was
Fri Jun 3, 2016, 05:34 AM
Jun 2016

interesting reading your thread by those who know things including you.

Mahalo, Jackie~

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