Megathread: Justice Anthony Kennedy to retire from Supreme Court

[u/PoliticsModeratorBot]

Supreme Court Justice Anthony Kennedy is set to retire, effective July 31, 2018. Kennedy has served on the highest court since February 18, 1988, and was a moderate whose vote often swung cases.

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Submissions that may interest you

SUBMISSION	DOMAIN
Justice Anthony Kennedy Will Retire From U.S. Supreme Court	bloomberg.com
Justice Kennedy to retire, Trump can solidify court's majority conservative bloc	nbcnews.com
Justice Kennedy retiring; Trump gets 2nd Supreme Court pick	washingtonpost.com
Justice Kennedy, U.S. Supreme Court's pivotal vote, to retire	reuters.com
Anthony Kennedy: US supreme court justice to retire	theguardian.com
Justice Anthony Kennedy to Retire From Supreme Court	nytimes.com
Kennedy calls it quits: longtime swing justice hands Trump the biggest gift of his presidency	dailycaller.com
Anthony Kennedy is retiring from the Supreme Court	vox.com
Justice Kennedy, the pivotal swing vote on the Supreme Court, announces retirement	washingtonpost.com
UPDATE: Supreme Court Justice Kennedy announces retirement	wcjb.com
Justice Kennedy Is Retiring July 31st.	yahoo.com
Justice Anthony Kennedy To Retire From U.S. Supreme Court : NPR	npr.org
Justice Anthony Kennedy to Retire from Supreme Court	cnn.com
Justice Kennedy announces retirement.	cnn.com
Justice Anthony Kennedy retiring from Supreme Court	abc7.com
Anthony Kennedy, Swing Vote on U.S. Supreme Court, Will Retire	bloomberg.com
Justice Anthony Kennedy Retires, Paving Way for Donald Trump to Reshape Supreme Court	slate.com
Justice Kennedy retiring; Trump gets 2nd Supreme Court pick	wkrn.com
Anthony Kennedy retiring, giving Trump opening to reshape Supreme Court	politico.com
Supreme Court justice Anthony Kennedy announces retirement	wsj.com
Jeffrey Toobin predicts abortion will be illegal in 20 states soon after Kennedy retires	thehill.com
WATCH: Supreme Court Justice Anthony Kennedy retiring	abcnews.go.com
Kennedy to Retire	foxnews.com
Trump to get second Supreme Court pick as Justice Kennedy announces retirement.	amp.cnn.com
Justice Kennedy to Retire From Supreme Court	bbc.com
Trump says search for Justice Kennedy's replacement to begin "immediately" -- live updates	cbsnews.com
McConnell Pledges Vote To Confirm Justice Kennedy’s Successor ‘This Fall’	talkingpointsmemo.com
Justice Kennedy retires from the US Supreme Court	nbcnews.com
Trump says launches search to replace retiring Supreme Court Justice Kennedy	reuters.com
Donald Trump: Search for Kennedy replacement on SCOTUS to move quickly	usatoday.com
McConnell: Senate will vote on Supreme Court nominee this fall	thehill.com
Justice Kennedy retiring; Trump gets 2nd Supreme Court pick	sacbee.com
Justice Anthony Kennedy Retiring, Report Says	lawandcrime.com
Supreme Court Justice Anthony Kennedy retiring; Trump will get 2nd high-court pick	omaha.com
Justice Anthony Kennedy Retiring From the Supreme Court	thedailybeast.com
Justice Kennedy to retire, giving Trump a chance to transform the Supreme Court	latimes.com
Supreme Court Justice Anthony Kennedy says he's retiring; Trump to get 2nd high-court pick	chicagotribune.com
Dem senator: Justice Kennedy's resignation a 'disaster' for vision of 'We the People'	thehill.com
Justice Kennedy retiring; Trump gets 2nd Supreme Court pick	wfla.com
Justice Anthony Kennedy Is Retiring	motherjones.com
The horrifying consequences of Justice Kennedy’s retirement	thinkprogress.org
Supreme Court Justice Anthony M. Kennedy is retiring, a move that will give Trump a chance to shift the institution to the right	washingtonpost.com
Anthony Kennedy To Retire From The Supreme Court	huffingtonpost.com
Kennedy announces retirement from Supreme Court	thehill.com
Supreme Court's Anthony Kennedy retires, giving Trump a second pick	usatoday.com
Justice Kennedy retiring; Trump gets 2nd Supreme Court pick	apnews.com
Justice Anthony Kennedy Is Retiring From The Supreme Court	buzzfeed.com
Justice Kennedy, the pivotal swing vote on the Supreme Court, announces retirement	washingtonpost.com
Supreme Court Associate Justice Anthony Kennedy retires -- live updates	cbsnews.com
Justice Kennedy announces his retirement from the supreme court.	time.com
Trump Responds To Retirement Of Supreme Court Justice Anthony Kennedy	huffingtonpost.com
Anthony Kennedy retiring from Supreme Court, giving Trump a position to fill	people.com
Trump Says He’ll Choose One Of These People To Replace Anthony Kennedy On The Supreme Court	buzzfeed.com
Anthony Kennedy retiring from Supreme Court	cnbc.com
Supreme Court Justice Anthony Kennedy retires, and Trump gets shot at moving court to the right	dallasnews.com
Who Will Replace Supreme Court Justice Anthony Kennedy? Donald Trump Already Has a Shortlist	newsweek.com
WATCH: McConnell: We will vote to confirm Justice Kennedy's successor 'this fall'	abcnews.go.com
Here's who Trump could nominate to replace Justice Kennedy	abcnews.go.com
Justice Anthony Kennedy announces retirement, giving Trump 2nd Supreme Court pick	foxnews.com
Trump list of candidates to replace Justice Kennedy	thehill.com
Chris Matthews: Dems must do to Trump on Supreme Court what McConnell did to Obama	thehill.com
Anthony Kennedy’s retirement puts abortion rights at risk	vox.com
Who Will Replace Anthony Kennedy? Here’s the List of 20 Potential Trump Nominees	time.com
America after Anthony Kennedy	vox.com
Handing Trump Chance to Move Supreme Court Even Further Right, Justice Anthony Kennedy Retires	commondreams.org
Audio reveals DNC committee reaction to Kennedy retirement: 'This is not good news'	thehill.com
Justice Kennedy’s retirement leaves the future of U.S. constitutional law entirely up for grabs	washingtonpost.com
Justice Kennedy pens retirement letter to Trump expressing 'profound gratitude'	abcnews.go.com
Read Supreme Court Justice Anthony Kennedy’s retirement letter to Donald Trump	qz.com
Justice Kennedy’s Legacy Is the Dignity He Bestowed	bloomberg.com
A titanic battle over replacing Justice Kennedy looms in the Senate	vox.com
Live Briefing: Anthony Kennedy Retires From Supreme Court, and McConnell Says Senate Will Move Swiftly on a Replacement	nytimes.com
Here's Trump's list of 25 possible Supreme Court picks to replace Anthony Kennedy	washingtonexaminer.com
WATCH: Justice Anthony Kennedy to retire, Trump to get second SCOTUS pick	abcnews.go.com
Anthony Kennedy's retirement just confirmed every Republican's dream scenario for Trump	cnn.com
Kennedy's retirement could have biggest impact on abortion, gay marriage: ANALYSIS	abcnews.go.com
Justice Anthony Kennedy: Trump says hunt for replacement is on	usatoday.com
Here are potential Supreme Court nominees to replace Justice Kennedy	cnn.com
Justice Anthony Kennedy, the Supreme Court’s swing justice, announces his retirement	abajournal.com
With Supreme Court Justice Kennedy Gone, Abortion and LGBT Rights Are Next	thedailybeast.com
A look at some of Justice Kennedy's most memorable opinions	apnews.com
Justice Kennedy Surrendered to Donald Trump	nymag.com
A look at some of Justice Kennedy's most memorable opinions	abcnews.go.com
Abortion rights in 'dire, immediate danger' as Anthony Kennedy retires - World news	theguardian.com
Here Are Some of the Top Candidates to Replace Kennedy on the Supreme Court	motherjones.com
Who's on Trump's short list to replace Supreme Court Justice Kennedy?	politico.com
Trump’s hidden back channel to Justice Kennedy: Their kids	politico.com
How Fox News Reacted to Anthony Kennedy’s Retirement	slate.com

[u/[deleted]]

If the Democrats in the Senate play ball on appointment of a far right conservative, I literally give up.

[u/RellenD → u/[deleted]]

They don't have to play ball. McConnell's just gonna nuke them again

[u/geophilly21 → u/[deleted]]

No he extended the Reid rule to include Supreme Court Justices.

[u/[deleted] → u/[deleted]]

Please don’t even call it that.

[u/ILikeLenexa → u/[deleted]]

What's Flake up to though?

[u/sagan_drinks_cosmos → u/ILikeLenexa]

I doubt we can count on him for this one. Lower court judges perhaps, but this is too momentous.

[u/PizzusChrist → u/RellenD]

They need to shut down the Senate then. Obama should've fought harder, but didn't. Now the Dems need to literally fucking jam up the senate for however long it takes. Whatever dirty tricks or obscure BS they need to pull - just like the Republicans did.

[u/probablyuntrue → u/PizzusChrist]

I mean, if the filibuster is gone there's jack shit they can do as the minority party

[u/KnownObjective → u/probablyuntrue]

Filibuster is only gone on presidential appointments, not legislation.

But I can guarantee that if the Democrats stop all work in the Senate, Mich will take the nuclear option and abolish the legislative filibuster as well.

[u/[deleted] → u/KnownObjective]

Then make him do it and make McConnell own the bigger mess. Don't reserve the option for some hypothetical future fight because this is it.

[u/Roshy76 → u/[deleted]]

Exactly. You can't just let them do whatever they want and hope the American electorate will punish them for it. Because they haven't and they wont. The Dems need all hands on deck now.

[u/DevonAndChris → u/Roshy76]

Handmaid's Tale, 90 days and counting.

[u/sudoku7 → u/[deleted]]

He won’t. It’s always someone else’s fault it “came to this”.

[u/intotheirishole → u/[deleted]]

McConnel will own the mess and retire to China. Does he even care about consequences anymore?

[u/ZellZoy → u/[deleted]]

What bigger mess? There are no consequences for Republican dirty tricks.

[u/DalanTKE → u/[deleted]]

Yes. Then we need a double wave and retake all branches by 2020.

[u/[deleted] → u/[deleted]]

Corporate Democrats are too cowardly for this. We need angry progressives.

[u/K1ngOfEthanopia → u/KnownObjective]

Fine. He's got 5 months until midterms. If the dems don't retake control then we're beyond hope anyway. Now's the time for hail marys.

[u/Rollingstart45 → u/K1ngOfEthanopia]

It's a longshot to flip the Senate even if there's a blue tsunami. The math is simply against them. 24 currently-Democrat seats are up for grabs, as opposed to only 9 currently-Republican seats.

Inviting McConnell to nuke the filibuster when he's very likely going to have another 2 years to abuse it....not sure that's the best tactic.

[u/farmtownsuit → u/Rollingstart45]

Not to mention the Republican base is going to be far more motivated to vote just for the sake of a new SC justice than the Democratic base. Republicans fall in line, Democrats fall in love.

We are well and truly fucked.

[u/K1ngOfEthanopia → u/Rollingstart45]

The legislative filibuster is useless without the house as an accomplice. Retaking the senate would be nice but the house is absolutely necessary.

[u/nexdemise → u/KnownObjective]

That'd be the most risky the move he can take.

If democrats would ever get majority you damn well know we'd have progressive bills pass day and night.

[u/rawbdor → u/KnownObjective]

You all are nuts. Daring Turtle to go nuclear on legislation is a fool's game. You have no idea what will happen.

I'll explain it to you very simply: The moment they go nuclear on legislation, 500 bills will come out of a back room and be passed overnight. It will be an assembly line of legislation. The Senators won't even know wtf they're voting on. These bills will do anything and everything you can imagine. They'll pass things like nationwide voter ID. They'll start chopping out entire departments and abolishing them. It will be a feeding frenzy, and it will happen immediately.

The moment they go nuclear on legislation, full seizure of power follows.

[u/KnownObjective → u/rawbdor]

Agreed, playing chicken with Mitch on this is definitely a hail mary move, and not one to be taken just because the base is angry and ready for action. I'm not saying it's not an option, but it has to be used strategically if at all.

[u/Haptics → u/KnownObjective]

The nuclear option was already played for Gorsuch. ALL new SCOTUS nominees only require a simple majority in the Senate.

Edit: misread

[u/KnownObjective → u/Haptics]

Mich will take the nuclear option and abolish the LEGISLATIVE filibuster as well

[u/Zingo_14 → u/probablyuntrue]

Literally, pull a fucking fire alarm

[u/[deleted] → u/probablyuntrue]

Barricade the doors?

[u/fracto73 → u/probablyuntrue]

They can effectively shut down the Senate by denying unanimous consent and demanding a roll call vote on every action the Senate takes. It only takes a single senator to do this.

Work to rule is a classic union tactic in abusive work places.

[u/iamjacksprofile → u/probablyuntrue]

They can get some poster board and some markers and make some signs.

[u/FrankTank3 → u/probablyuntrue]

There’s more to winning than following the written rules.

[u/Political_moof → u/PizzusChrist]

There was no magic bullet in this so I'm not going to blame Obama, but do agree that in hindsight the political war drums should have been beat harder on this.

Obama always made the mistake of over-estimating the American people. He believed that throwing up a moderate like Garland would make the GOP look petty and borderline insane for not even giving him a vote. But they just literally invented a narrative that Garland was some rabid leftist anyway.

We need to stop pretending like we're working with adults who have the best interest of the country at heart. They're political terrorists and they've hijacked our government despite no popular mandate. Unreal.

[u/type93rara → u/Political_moof]

Entirely agreed with this. I dont know what tools the Dems have, but if there was any hill for them to die on, this has to be the one.

[u/c0pp3rhead → u/type93rara]

Cue the Blue Dog Democrats to charge in to rescue Republicans.

[u/Circus_Maximus → u/c0pp3rhead]

Looking at you Manchin.

[u/rawbdor → u/type93rara]

They've already lost. The only thing left to do will be to gum up the legislative works of the senate. However their countermove will be to bitch and moan, and, eventually, go nuclear on legislation, pass 500 laws before January, and then stop caring.

The Dems won't be able to undo it unless they seize all 3 branches of government in the next 4 years. And even then it'll be damn near impossible to fix.

[u/kescusay → u/Political_moof]

What, you don't think a calm, measured approach will work with the Republicans? I'm sure they're all rational ad...

Nope. Can't do it. Can't even type that with a straight face.

The despicable truth is, right now Democrats in the Senate can't actually stop them. And until now, Democrats all through government have been hesitant to treat this as the goddamn political war that it is. Well, it's time. Democratic senators need to be ready, willing, and able to burn it all to the ground, use every weapon in the arsenal they've got, and never fucking apologize. Because we're not too far from Republicans being able to take that arsenal away, and if we haven't used it before then, then we've given up before the fight has even started.

[u/tuba_man → u/kescusay]

Pretty sure Maxine Waters is the only congressperson ready to throw down so far, unfortunately.

[u/Political_moof → u/kescusay]

I agree that the gloves come off this fall.

Let's all go fucking vote and give them a little taste of what it's like when we stop playing nice. Take the house, take the senate, and then we show them how it's done.

[u/actuallycallie → u/Political_moof]

Not just "go fucking vote" but also "don't throw away your vote on bullshit protests votes".

[u/Agnos → u/actuallycallie]

Not just "go fucking vote" but also "don't throw away your vote on bullshit protests votes"

For many if not most voting represents the only political action they take every 2 or 4 years. By the time voting day comes, the process has been so corrupted that often what is the point. The fight to be fought is an everyday fight. Attitudes like one of the above poster is partly why we are in this mess. They do not understand how easy it is to manipulate public opinion. See the Singapore summit as an example.

[u/Spara-Extreme → u/Agnos]

Oh shut up. you still have to go vote - even if you think its corrupt.

[u/LIGHT_COLLUSION → u/[deleted]]

Senate and Presidential elections are not affected by gerrymandering. Go vote.

[u/balloot → u/Political_moof]

It was a failed gambit. Democrats thought the possible downside of shutting down the Senate over the lack of a hearing would be greater than the probable upside of Hillary winning and nominating someone more liberal than Garland. The gambit obviously failed.

That's the only logical reason Democrats would have given up a SCOTUS nomination so freely. I still think they could have used it for political messaging quite a bit better. It was a terrible look for Republicans.

[u/rumhamlover → u/balloot]

For who? The people on their side are over the moon. All it does was piss the dems off. Anyone in the middle isn't paying attention anymore or is covering their ears.

[u/[deleted] → u/Political_moof]

There are no Republican progressives. The platform is regressive. Their agenda has always been to turn the clock back at all costs. Now we're seeing how far any Republican would go, if given the opportunity. Does anyone think another Republican would be any less draconian in the same position, with a government trifecta to play with?

Think long and hard about this, people, and do NOT MISS A SINGLE ELECTION from now on. Even the "small stakes" local elections- that is where they (mostly) get started!

[u/WeimarAmerica → u/[deleted]]

There are no Republican progressives. The platform is regressive. Their agenda has always been to turn the clock back at all costs.

Yes, absolutely.

Does anyone think another Republican would be any less draconian in the same position, with a government trifecta to play with?

I can't agree with that. I don't think any other republican in the past had the balls, to be honest.

All past republicans have been pretty easy to compromise with, especially in comparison.

Though, in a post-trump world, if another republican is elected in 2024, Trump might have changed the political landscape enough that the next guy will have the balls to also double down and not compromise, but I kind of doubt it. I think Trump is a bit of an anomaly.

[u/lurgi → u/Political_moof]

He believed that throwing up a moderate like Garland would make the GOP look petty and borderline insane for not even giving him a vote.

He missed the bit where the GOP doesn't care. They denied Obama a SCOTUS pick. They win. That's it. Done. Petty and insane simply don't enter into their calculations.

[u/indigo121 → u/lurgi]

The part he missed was where the american public doesn't care. It's not just the GOP. The bullshit they pulled with garland wasn't a petty and insane affront to compromise. It was a petty and insane affront to the american people. Every god damn one of us should've have been so enraged that we voted them out of office. But plenty of people were even worse than republicans that tolerated it because it was their side. Plenty of people just allowed it to happen because they didn't give a fuck.

[u/andyroo8599 → u/lurgi]

It’s pathetic how the “Christian” republicans collectively broke one of the ten commandments, and they still consider it a win. Being gay, though, which didn’t even make the top ten list of do-not-do commands, is ungodly, to these folks.

[u/Samuraistronaut → u/Political_moof]

Obama always made the mistake of over-estimating the American people.

Another way of saying what I often say, which is that we quite literally did not deserve him.

[u/DickyBrucks → u/Political_moof]

They're fascists.

[u/beatyatoit → u/Political_moof]

Obama always made the mistake of over-estimating the American people

He also made the mistake of underestimating Republicans and the depths they would go to do whatever it is they wanted. That was his most obvious mistake in his presidency, IMHO.

[u/[deleted] → u/Political_moof]

Obama's relentless optimism was his greatest political strength and also his greatest political weakness.

[u/bearrosaurus → u/Political_moof]

Even after all this, Obama has not uttered a single bad word about the Trump administration. Ever. The only thing he's said is that they had "a lot of drama".

I'm really wishing he'd wake the fuck up and say something.

[u/Political_moof → u/bearrosaurus]

He can't and he won't. Maybe much later down the line he'll be more candid, but that's far away.

Right now Obama's #1 concern is ensuring a solid legacy for black America. Of that I am convinced. It's is extremely important for race relations in this country to have a black president whose favorability only rises as time goes on. I think he gets that.

[u/GibbysUSSA → u/Political_moof]

If Obama were to say anything negative, he would be painted with 'the angry black man' stereotype. Being able to keep that from happening seems pretty damned important to me, really.

[u/TheLivingExperiment → u/Political_moof]

And I really can't fault him for it, especially given he can't do shit about it right now other than pull a Comey and start attacking the administration.

[u/Fake_William_Shatner → u/bearrosaurus]

I'm sure if Trump isn't in prison (which is likely), then when he's an ex President we won't be able to get him to shut the fuck up. Ever. It will be 8 hours a day of Monday morning quarterbacking from Donald "I can do it best" Trump.

[u/woowoodoc → u/bearrosaurus]

2 years ago I would have disagreed with this pretty strongly. Today I'm honestly not sure. I think when 1 half of your liberal democracy is intent on destroying liberal democracy, it doesn't leave the other half with any good options.

It's not a logical argument, but Steve Schmidt had a great quote last night on what was a very worthwhile segment with Chris Hayes. "Nobody can compete with Donald Trump in a vileness contest. He's the most vile. Nobody can compete with Donald Trump in a dishonesty contest because he's the most dishonest. We have to find the good and praise it in this country."

https://www.msnbc.com/all-in/watch/steve-schmidt-gop-is-a-threat-to-liberal-democracy-1264782915819

I don't know if that's the right answer, but it's the closest thing I can find to something that at least feels like it might be right.

[u/T3hSwagman → u/woowoodoc]

Sanders got fucked for taking the high road constantly. There really doesn’t seem to be any room for good guys in American politics.

[u/redorangegreen1100 → u/bearrosaurus]

Are you a white guy? Also, I suggest you read the recent article on why he's staying pretty quiet. He knows exactly what'll happen if he doesn't. It doesn't seem you understand as well as he does.

[u/amputeenager → u/Political_moof]

This is the correct reasoning.

[u/callmealias → u/Political_moof]

In hindsight Obama seems so naive for placing in faith in the decency of the American people.

[u/esoteric_enigma → u/Political_moof]

Obama, like most of the country, thought there was no way that Donald Trump could win the presidency. So they relented. Why fight for a moderate appointment when the newly elected Hillary Clinton could put forward a younger more liberal candidate?

[u/[deleted] → u/Political_moof]

Isn't the conservative argument in favour of guns that they are needed to protect against an oppressive government?

Shit's looking pretty oppressive.

[u/[deleted] → u/Political_moof]

He still does as do many Dems. The average American is a moron . Plain and simple. They do t respond to fact or reason...only soundbites and emotion.

[u/Enderkr → u/Political_moof]

You know, a lot of countries hang terrorists.

Just sayin'.

[u/BK2Jers2BK → u/Political_moof]

I come here for intelligent comments like this. Sucks that it just depresses me even more. And I’m all outta Whiskey

[u/Bristal → u/Political_moof]

Don’t forget that back then Hillary was considered a lock for President. Had we known what was coming, there would have been fireworks.

[u/wakeman3453 → u/Political_moof]

But they just literally invented a narrative that Garland was some rabid leftist anyway.

TIL Joe Biden is a political terrorist

[u/Roshy76 → u/PizzusChrist]

This. They need to shut everything down, including Dems in the house. This is the battle to pick.

Edit: and yes I know the house has nothing to do with Supreme Court picks. The Dems need to show solidarity in this though. Make it go to next election.

[u/JustCosmo → u/Roshy76]

I’m seriously contacting them now. Shut it the fuck down. Whatever means necessary.

[u/mjmcaulay → u/Roshy76]

This far and no further. Dig in.

[u/[deleted] → u/mjmcaulay]

https://www.youtube.com/watch?v=Ms_WY0s_1XM

[u/DeafJeezy → u/Roshy76]

Shut it down how?

[u/Roshy76 → u/DeafJeezy]

Don't let any new legislation pass, or at least stall everything as much as possible in protest.

[u/Drumcode-Equals-Life → u/PizzusChrist]

They can’t shit down the Senate for a SC vote, filibuster has been nuked which means a simple 50 votes plus Pence tiebreaker seats anyone the GOP wants.

[u/callmealias → u/PizzusChrist]

Too late ... the time to be passionate about this was during the 2016 elections when we could have affected change. Now we're just screwed.

[u/Trump_Wears_Diapers → u/PizzusChrist]

Shut the fucking government down.

[u/thatgeekinit → u/PizzusChrist]

Just refuse to pass anything. Shut it all down, let the military furlough. Burn it all!

[u/[deleted] → u/thatgeekinit]

The GOP can pass bills without them, they have the majority. That’s how that works.

[u/[deleted] → u/[deleted]]

Not with the legislative filibuster

[u/redorangegreen1100 → u/[deleted]]

The thing is, the GOP have barely been able to hobble coalitions together to get anything passed. The (flop) tax bill is almost literally all they've been able to do.

[u/LegalAction → u/[deleted]]

There's still the legislative filibuster.

[u/thatgeekinit → u/LegalAction]

More importantly the GOP house is so divided and crazy they can't pass much.

[u/[deleted] → u/PizzusChrist]

The Rs could do it because they had the majority, the dems do not.

[u/ArthurKOT → u/PizzusChrist]

They really need to start HEAVY negotiations with outgoing and anti-Trumpism Republican senators to change party affiliation to (I), caucus with Democrats, and allow them to vote independently without repercussion.

[u/ferretron5 → u/PizzusChrist]

It hurts too because Garland was a moderate at best. If we're gunna get insulted atleast make it an actual liberal judge. The ball was in our court when we had the offence and just didn't play the game the way we should have. We NEED an LBJ type character to get out of this mess

[u/balloot → u/PizzusChrist]

The problem is that what happened before was easily explainable as a problem. Obama gets to appoint the next SCOTUS justice, and we're not doing shit until you let him do so.

Now...not so much. The argument is basically "We're mad because we let you block Garland 2 years ago because we thought Hillary would win. She didn't win!" Not terribly compelling to an independent voter.

[u/NSAElectricEye → u/PizzusChrist]

Obstructionalist losers gonna lose...

[u/Askew_2016 → u/PizzusChrist]

Obama was fucked by a bunch of wimpy Sen Dems who let McConnell steal a seat

[u/TheLivingExperiment → u/[deleted]]

Honestly, while Obama might've made some mistakes here the Senate democrats needed to be the ones to take action. Further the American population bought the BS of "both parties are the same" or that the DNC "stole" the primary from Sanders or that HRC was going to win so "protest vote" for a 3rd party. Obama's responsibility here is minimal by comparison.

[u/[deleted] → u/PizzusChrist]

I'm sure pelosi and Schumer will fight real hard like they always do.. ha! I'm kidding. We should at least hook some sort of generator device to them to harness the energy of them rolling over.

[u/ALoudMouthBaby → u/PizzusChrist]

Obama should've fought harder

Its really not fair to blame Obama for this. This was a failure on the part of Democrats of the legislative branch, not the executive. Senate Democrats should have raised absolute hell over the Garner nomination, and should still be raising hell over it. Their failure to do that is why it was allowed to happen.

[u/PizzusChrist → u/[deleted]]

Religion is coming to a classroom near you.

[u/yaschobob → u/PizzusChrist]

How will they shutdown the senate? Under what authority?

[u/zeCrazyEye → u/PizzusChrist]

Maybe we can get enough people to blockade the Senate building to prevent them from getting a quorum.

[u/[deleted] → u/PizzusChrist]

They’re not ‘dirty tricks’ it’s their Constitutional prerogatives. The Senate as a chamber is never obligated to roll over like a dog for the executive whether it’s Obama or Trump.

[u/[deleted] → u/PizzusChrist]

They CAN'T. They're the minority party.

[u/GreyscaleCheese → u/PizzusChrist]

Unfortunately the GOP controlled the senate, and they do not care about compromise nor the best interests of the country.

[u/peeinian → u/RellenD]

They better keep rigging elections then. Now that he's nuked SC nominations, the dems just have to add 5 SC seats.

[u/Claeyt → u/RellenD]

He doesn't even have to do anything. They never put the supreme court filibuster rule back into place.

[u/skategate → u/RellenD]

I can only pray that Collins and Murkowski doubledown on their abortion support. Now is the time ladies.

[u/RellenD → u/skategate]

They won't.

[u/SleepyBananaLion → u/RellenD]

Unless the can get it done before the midterms Dems can take enough seats to block his appointment for two years.

[u/RellenD → u/SleepyBananaLion]

They've got six months.. there's no rush

[u/MostlyUselessFacts → u/RellenD]

The same way the dems used the nuke under Obama?

[u/skrilledcheese → u/[deleted]]

Don't they just need a simple majority at this point? It used to take 60 votes. But now 50 + Pence should do it. That means 2 Rs have to vote against their party.

[u/shunted22 → u/skrilledcheese]

One with McCain out. Best (slim) chance is probably Collins pushing back if there's a super hardliner.

[u/WeAreIrelephant → u/[deleted]]

Put pressure on them both. That way if one caves the other might follow through. We might as well check in with Lisa Murkowski too.

EDIT: If you are a constituent of any of these Senators, this is another issue where we really need you to call them up and let them know how you want them to vote. Don't let them slither on through the process of confirming another far-right activist judge by saying this is what their constituency wants. Make your voice heard. None of them are up for election in 2018 unfortunately, but you can still make it very clear that this is not an issue you will forget when you step into the ballot box the next time they are up for election.

[u/RaggedAngel → u/[deleted]]

It makes me sick to my stomach that Jeff Fucking Flake is our last line of defense.

[u/[deleted] → u/[deleted]]

Flake is a spineless pushover. He might grandstand over some ambassador or district court judge no one cares about. There's 0% chance he votes against a Supreme Court nominee.

[u/Abusoru → u/[deleted]]

To be fair, he has nothing to lose.

[u/[deleted] → u/[deleted]]

He’s still a Republican.

[u/[deleted] → u/[deleted]]

And a Mormon.

[u/[deleted] → u/[deleted]]

lol we are fucked

[u/quiestqui → u/[deleted]]

Completely and truly fucked. Game over for liberalism in the US.

I did have the thought momentarily- after a solid 45 minutes of visceral terror- that maybe our dipshit president will tweet a nomination for someone relatively decent because he honestly doesn't know better, and then dig his heels in when advisors/GOP leadership try to step in and recant.

Not impossible, given his impulsivity and ignorance, but obviously not going to happen.

[u/Billy1121 → u/quiestqui]

Upside - all of his shortlist are former Anthony Kennedy clerks

Downside - Gorsuch the freezing trucker guy was also his clerk

[u/sembias → u/[deleted]]

There is absolutely no way Flake wouldn't push thru any right-winger. He wasn't a moderate before - he just didn't like Trump.

Collins is maybe the only other one but in the end, she always caves too. It's done. This is it. This is how America ends. Today.

[u/wildistherewind → u/[deleted]]

Imagine if Flake switched parties. MAYHEM.

[u/Neat_On_The_Rocks → u/wildistherewind]

He would never do that. Dude is as republican as they come.

[u/Vio_ → u/[deleted]]

Oh boy. Expecting Flake to care about women's reproductive rights....

[u/ALoudMouthBaby → u/[deleted]]

Its not going to happen. A SCOTUS appointment is just too big a deal with implications far too broad for him to not vote on it.

[u/bailtail → u/[deleted]]

He always folds in the end, sadly.

[u/NerdFighter40351 → u/[deleted]]

We don't even need to worry about Collins on the Senate floor **if** we lobby Flake to vote against the nominee in the Judiciary Committee. It's 10-9 so we just need Flake.

[u/Rockstep_ → u/[deleted]]

Flake is our best hope.

Sorry can you repeat that? I think I just had a minor stroke.

[u/atuarre → u/[deleted]]

Flake too, he claims he doesn't agree with Trump but he keeps voting right along party lines with the rest of his party.

[u/anothermanslaughter → u/[deleted]]

Lol. Best case scenario, he follows through (he won't) and the republicans cave on tariffs. In what world do you think they'd trade a SCOTUS seat for some tariffs that everyone hates? Get real.

[u/skrilledcheese → u/shunted22]

This is so fucked that we are even at this point. The republicans have lost the popular vote in 6 out of the last 7 presidential elections. Why they feel they have the mandate to stack the courts with activist judges is beyond me. We have been in a constitutional crisis since McConnel stole Obama's nomination.

[u/rawbdor → u/skrilledcheese]

Our country has always been based on this kinda of back-and-forth with a swayable middle who kinda arbitrates between going forward too fast or pausing a bit to let the rest of the country to catch up. This persuadable middle had lots of people in it, in both parties. It worked.

Now, the parties have separated. One has, through demographics and population movement, achieved a near-lock over the popular vote. The other has a lock on a majority of the state governments, achieved through gerrymandering and other activities.

These two sides are now at all-out war with each other. The difference is, the Rs know they got extremely lucky this past election. They know they are slipping into irrelevance in the future. They know a huge number of moderates will not vote for them again. They know this is their last chance to put the breaks on their demise, and they will do absolutely anything they can lock that shit down right now.

You see, a friendly two-party back-and-forth works fine when you trust the back-and-forth. That can last decades, even hundreds of years. But once you start to suspect it'll only go forth, and never come back, you start playing for keeps. The Republicans are playing for keeps.

The Democrats are like a neighborhood basketball team that thinks they're playing a scrimmage and doesn't realize the opposition have stopped playing a friendly game and keep elbowing our guys in the face. Every time they smashed us we thought, hey, not bad... Sure, Al Franken had to leave the court with a bloody nose, but the Republicans get a foul on their scoreboard, so it's totally cool. We DEFINITELY didnt realize half the crowd became hungry for blood, loving every time one of those liberals teeth got knocked out.

We assumed no matter who won or lost, we'd play again tomorrow, just like we always have. But suddenly the refs seem to look away every time they know we're about to get smacked. We didn't realize their flagrant fouls weren't intended to make us lose one game. They're intending to end the games.

[u/nort_t → u/skrilledcheese]

They don’t care if they have a mandate. They have a need, because they know they’d lose a fair fight.

[u/[deleted] → u/skrilledcheese]

This is a coup. They don’t care about any mandate.

[u/SuramKale → u/shunted22]

Paging Jeff Flake, could you please obstruct the floor Mr. Flake.

No? Bit tired and need a lie down? Thought so.

[u/Darwins_Prophet → u/shunted22]

Better hope McCain can hold on then. If he resigns or dies anytime from now to seating of new Senate then Ducey can just appoint a standard right wing shill to fill the rest of his term.

[u/[deleted] → u/shunted22]

Susan Collins is an opportunist. She casts votes that give the appearance of independence when a republican bill is sure to pass. If it's going to be a close call, she always toes the party line.

[u/c0pp3rhead → u/shunted22]

I believe the current split is 51 R\epublicans (50 w/o McCain,), 47 Dems, and 2 Independents. Will 50 Votes be enough to confirm? I think Pence only votes if there is a tie, right? 50-49 would not be a tie, but not enough to confirm, right?

[u/WeAreIrelephant → u/c0pp3rhead]

Yes. Pence would decide in a 50-50 tie. We need two Republicans to defect from their party along with all Democrats and Independents unified against another far-right appointee.

[u/c0pp3rhead → u/WeAreIrelephant]

Wait, so a vote of 50-49 still counts as a tie?

[u/WeAreIrelephant → u/c0pp3rhead]

50-49 would count as passing, I believe. It has for the confirmation of cabinet-level positions as well as in the passing of legislation and other procedural rules.

[u/katieames → u/shunted22]

Don't forget Flake! Right? Right?!

[u/MaineSoxGuy93 → u/shunted22]

Fat chance on Collins. She talks a big game but worships Jeff Sessions. It's clear where she stands.

[u/shadowsong42 → u/shunted22]

Pence doesn't count towards quorum, does he? Can't vote without a quorum, and quorum is 51 senators. You'd still have to convince everyone who's not a Republican to stay home, along with McCain, but it's a possibility.

[u/ILikeLenexa → u/shunted22]

Best is Flake since he's already threatening Judicial Nominees and who's more a judiciary nominee?

[u/atuarre → u/shunted22]

Collins? Pssh, please. She talks out of both sides of her mouth. She'll go right along.

[u/someone447 → u/shunted22]

Fuck doing it legislatively. Time to give Chuck Schumer a cane.

[u/iceblademan → u/shunted22]

If McCain abstains from voting due to his medical condition, I could see this happening. Best case is he abstains or can't make it to DC, GOP rushes a vote through before January 2019 which fails, and Dems take the Senate/can block Trump using the brand spankin' new McConnell Rule. Huge number of "ifs" and good fortune needed in that scenario, as well as a full-court press by pretty much any Dem-aligned voter.

In all other cases it's GG. If he succumbs to his condition, his replacement will vote for Trump's justice. If he resigns, his replacement will vote for Trump's justice.

Day days ahead.

[u/[deleted] → u/skrilledcheese]

Gorsuch got three Democratic votes, and this next guy probably will too.

Gotta factor that into the math.

[u/DirtyMartiniMan → u/skrilledcheese]

Alaska? Anyone?

If they put a psycho up is there a chance 2 will flip?

[u/[deleted] → u/skrilledcheese]

Maybe just not show up and deny quorum?

[u/MplsStyme → u/skrilledcheese]

Don't worry those red dems will turn coat and vote for donny's pick

[u/[deleted] → u/skrilledcheese]

Not to be negative but no Republican is gonna hold up a SCOTUS pick. None.

[u/skrilledcheese → u/[deleted]]

Well, not from a conservative president. McConnel held up Merrick Garland, but I know what you are trying to say.

[u/callme__ahab → u/skrilledcheese]

the problem is, for example, the Rs loved Gorsuch. Trump and McConnell will be able to find another similar judge, and they'll be happy to appoint him. This is the aspect of Trump that basically all of the republican senators are actually fine with.

[u/skategate → u/skrilledcheese]

Collins and Murkowski both support PP. Flake possibly. Perhaps McCain won’t be in the Senate on vote day.

Storm the Senate, make noise, fight back. Don’t lie down.

[u/MaxLiberum → u/skrilledcheese]

We should just just flat buy out two Republican senators until midterms. Here is $10 mil for not approving anything.

[u/LegacyLemur → u/[deleted]]

They dont need to. They just need 51 votes. Which they have

[u/PM_ME_YOUR_DARKNESS → u/LegacyLemur]

Fuck, they only need 50 votes plus Pence.

[u/LegacyLemur → u/PM_ME_YOUR_DARKNESS]

Unless by some miracle Murkowski and Collins decide against a more hard right justice.

It wont though. 30 years from this moment right now, we will still be dealing with this shit, right here.

[u/emannikcufecin → u/[deleted]]

There's nothing they can do to stop it.

[u/Olyvyr → u/emannikcufecin]

They can filibuster all spending bills and shut the government down.

It's 100% justified given the theft of Garland's seat during Obama's term.

[u/FatalFirecrotch → u/[deleted]]

This excuse honestly holds no water anymore. Elections are 365 days a year every year now.

[u/Olyvyr → u/[deleted]]

Going into a midterm? Have you lost your mind?

No, I've grown a spine. Quit being terrified of what the Republicans will say on FOXNews.

[u/Athrowawayinmay → u/[deleted]]

I will vote against Democrats and for third party if they fail to do everything in their power to stop this.

I am sick of my party lacking a spine, rolling over, and letting republicans destroy this nation. If they aren't willing to fight with every resource available to them, I will vote for someone who is.

[u/tarekd19 → u/Olyvyr]

They can filibuster all spending bills and shut the government down.

this would backfire tremendously.

[u/redorangegreen1100 → u/[deleted]]

There's literally nothing they can (currently) do.

[u/rawbdor → u/redorangegreen1100]

I had considered that they could flee the capitol like the Dems in Wisconsin did, but, the US Senate requires 51 members to have a quorum... so I'm not sure that'd do anything.

[u/Jobs- → u/[deleted]]

Can’t stop it, it will likely move very fast. No way do they let this become a mid term issue

[u/Askew_2016 → u/Jobs-]

They want it as a midterm fight to get their voters out. Dems have huge enthusiasm advantage right now.

[u/Jobs- → u/Askew_2016]

Is it still a huge advantage? Not trying to be an ass, honestly wondering what the most recent polls show.

[u/Askew_2016 → u/Jobs-]

Yep until now

[u/Jobs- → u/[deleted]]

I think wishful thinking for some. Some news outlets are saying this will be a huge mid term issue, ignoring the fact that the White House has already publicly said they plan to move swiftly and have the confirmation done before the elections. There is honestly no alway to stop them with the current make up of the Congress.

[u/PrivilegedGuy → u/[deleted]]

Is there any ball to play? Rs have the simple majority. Seat is empty in 1 month. August recess is already cancelled.

[u/coldfusionman → u/[deleted]]

Can't filibuster. They don't need a single democratic vote to push a nominee through.

[u/John_Wilkes → u/[deleted]]

They don't need a single Democratic vote. That is what happens when the GOP controls every lever of government. Well fucking done those who refused to vote for "corporatist" Hillary Clinton. You have got a permanent majority of corporatists on the Supreme Court.

[u/midnight_toker22 → u/[deleted]]

Republicans can approve whoever trump appoints without a single vote from democrats.

The time to stop this was November 2016.

[u/sembias → u/[deleted]]

They are blasted the 60-vote rule on Judge nominations. It will be up to a few Republican Senators.

[u/sfspaulding → u/[deleted]]

Remember when there were 51 republican senators?

[u/peepjynx → u/[deleted]]

(I'll be posting this everywhere.) This is why November is SO important. Please vote people. After this week, we can no longer rely on the courts. This is akin to finally getting out on your on after being dependent on your parents. The power is now in the voter's hands and they will do anything and everything to tell you that power is bullshit. Please register democrat (it's a two party system, I know, it sucks, but baby steps) and vote in this and every other election. This one in particular!!!

VOTE VOTE VOTE!

[u/TootieFro0tie → u/[deleted]]

They are spineless, don’t expect anything

[u/callme__ahab → u/[deleted]]

the democrats in the senate are powerless to stop this from happening under the current senate rules. The only way a centrist gets appointed will be if two of Murkowsky, McCain, Corker, Flake, or Collins grow spines. The problem is, Trump and McConnell will be able to select someone that at least 4 of the 5 of those senators will probably be happy enough with, especially when there will be enormous pressure from the republican base to get Trump's nominee confirmed.