Batten Down the Hatches! Justice Breyer is Retiring!

 

Would it be “jumping the gun” to predict that all hell is about to break loose? I think not. 

Supreme Court Justice Stephen Breyer will retire — once a replacement has been confirmed — after serving for nearly three decades on America’s highest court, according to reporting confirmed by NBC News on Wednesday.

 

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  1. Brian Clendinen Member
    Brian Clendinen
    @BrianClendinen

    Watch they will nominate Obama since he is a “Constitutional Expert” and he has the same handlers as Biden. 

    • #31
  2. DrewInWisconsin, Oaf Member
    DrewInWisconsin, Oaf
    @DrewInWisconsin

    Brian Clendinen (View Comment):

    Watch they will nominate Obama since he is a “Constitutional Expert” and he has the same handlers as Biden.

    Obama being nominated is more likely than either Harris or Hillary.

    • #32
  3. mildlyo Member
    mildlyo
    @mildlyo

    This whole thing is a nothingburger. Swapping one lib on SCOTUS for another makes no difference.

    I do believe that Pelosi will become VP automatically as a matter of process if Harris is the pick. The President does not pick a serving VP replacement, that is a matter of succession.

    • #33
  4. MWD B612 "Dawg" Member
    MWD B612 "Dawg"
    @danok1

    mildlyo (View Comment):

    I do believe that Pelosi will become VP automatically as a matter of process if Harris is the pick. The President does not pick a serving VP replacement, that is a matter of succession.

    No. When Agnew resigned, Nixon nominated Ford to be the new VP. When Nixon resigned and Ford became POTUS, he nominated Nelson Rockefeller for his VP.

    See Amendment 25, Section 2.

    • #34
  5. mildlyo Member
    mildlyo
    @mildlyo

    MWD B612 "Dawg" (View Comment):

    mildlyo (View Comment):

    I do believe that Pelosi will become VP automatically as a matter of process if Harris is the pick. The President does not pick a serving VP replacement, that is a matter of succession.

    No. When Agnew resigned, Nixon nominated Ford to be the new VP. When Nixon resigned and Ford became POTUS, he nominated Nelson Rockefeller for his VP.

    See Amendment 25, Section 2.

    I stand corrected. Upon vacancy the President nominates, majority in both houses must approve.

    • #35
  6. genferei Member
    genferei
    @genferei

    As I understand the jurisprudence, one is entitled to invade the Capitol if the issue is a Supreme Court nomination.

    • #36
  7. Stad Coolidge
    Stad
    @Stad

    And then there’s this:

    https://thepostmillennial.com/liberals-sinema-manchin-supreme-court?utm_campaign=64487

    Now, in all likelihood, Sinema would vote for Biden’s pick because she’s a leftist at heart (but one smart enough to know not to get rid of the filibuster).  But what about Manchin?

    • #37
  8. kedavis Coolidge
    kedavis
    @kedavis

    Brian Clendinen (View Comment):

    Watch they will nominate Obama since he is a “Constitutional Expert” and he has the same handlers as Biden.

    If they want a “woman” then Obama would have to become trans.  That might be worth seeing.

    • #38
  9. kedavis Coolidge
    kedavis
    @kedavis

    DaveSchmidt (View Comment):

    Flicker (View Comment):

    I know people say it will be Kamala Harris to clear the way for the elevation a more effective president, but word on the street is that Hillary’s the shoe in, to clear the way for a more effective presidential candidate.

    If I am correct, you don’t have to be a lawyer to be on the Court. However, does Hillary still have her law license?

    Bill was disbarred, but I don’t think Hillary ever was.  Although they should both be in prison for various things.

    • #39
  10. MWD B612 "Dawg" Member
    MWD B612 "Dawg"
    @danok1

    genferei (View Comment):

    As I understand the jurisprudence, one is entitled to invade the Capitol if the issue is a Supreme Court nomination.

    No, no, no. The jurisprudence is that one is entitled to invade the Capitol if the issue is a Supreme Court nomination made by a Republican.

    The devil is in the details.

    • #40
  11. DrewInWisconsin, Oaf Member
    DrewInWisconsin, Oaf
    @DrewInWisconsin

    MWD B612 "Dawg" (View Comment):

    genferei (View Comment):

    As I understand the jurisprudence, one is entitled to invade the Capitol if the issue is a Supreme Court nomination.

    No, no, no. The jurisprudence is that one is entitled to invade the Capitol if the issue is a Supreme Court nomination made by a Republican.

    The devil is in the details.

    I hope they do it. I really hope they do it. Then we can have July 6th Committees or something, and we can hunt down everyone who came within 100 feet of the Capitol that day, and send them to the DC Gulag, and watch the Democrats have fits.

    • #41
  12. Flicker Coolidge
    Flicker
    @Flicker

    kedavis (View Comment):

    Flicker (View Comment):

    I know people say it will be Kamala Harris to clear the way for the elevation a more effective president, but word on the street is that Hillary’s the shoe in, to clear the way for a more effective presidential candidate.

    74-year-old Hillary to SCOTUS? WTH for???

    But she’s as healthy and energetic as a 71-year-old (when she’s not falling down).  :)

    • #42
  13. Flicker Coolidge
    Flicker
    @Flicker

    DrewInWisconsin, Oaf (View Comment):

    Flicker (View Comment):

    I know people say it will be Kamala Harris to clear the way for the elevation a more effective president, but word on the street is that Hillary’s the shoe in, to clear the way for a more effective presidential candidate.

    Why would anyone consider either of them for SCOTUS? Hillary is a criminal — everyone knows it — the only difference is that unlike most criminals, she’s not in prison. And Kamala is as dumb as Biden, just a little more coherent.

    It’s not going to be either of them.

    I suppose I need to use the Joke icon more.

    • #43
  14. Full Size Tabby Member
    Full Size Tabby
    @FullSizeTabby

    kedavis (View Comment):

    DaveSchmidt (View Comment):

    Flicker (View Comment):

    I know people say it will be Kamala Harris to clear the way for the elevation a more effective president, but word on the street is that Hillary’s the shoe in, to clear the way for a more effective presidential candidate.

    If I am correct, you don’t have to be a lawyer to be on the Court. However, does Hillary still have her law license?

    Bill was disbarred, but I don’t think Hillary ever was. Although they should both be in prison for various things.

    Being a licensed lawyer is not a requirement for a justice of the Supreme Court. Nor is having graduated from or even attended law school. 

    • #44
  15. Flicker Coolidge
    Flicker
    @Flicker

    DaveSchmidt (View Comment):

    Flicker (View Comment):

    I know people say it will be Kamala Harris to clear the way for the elevation a more effective president, but word on the street is that Hillary’s the shoe in, to clear the way for a more effective presidential candidate.

    If I am correct, you don’t have to be a lawyer to be on the Court. However, does Hillary still have her law license?

    And so does my hero, Kumala.  And she passed the bar, too.

    • #45
  16. Full Size Tabby Member
    Full Size Tabby
    @FullSizeTabby

    Jen Psaki has said that Biden remains committed to nominating a black woman – so a nominee based on skin color and internal plumbing. So we will likely get a nominee that will be as competent and as successful as his skin color and internal plumbing driven choice for vice president. 

    • #46
  17. Dbroussa Coolidge
    Dbroussa
    @Dbroussa

    Jim McConnell (View Comment):

    Miffed White Male (View Comment):

    Biden has apparently committed to nominating a black female.

    A trans black female.

    I’d be willing to be a trans-Black female to get that gig.

    • #47
  18. Dbroussa Coolidge
    Dbroussa
    @Dbroussa

    DrewInWisconsin, Oaf (View Comment):

    Brian Clendinen (View Comment):

    Watch they will nominate Obama since he is a “Constitutional Expert” and he has the same handlers as Biden.

    Obama being nominated is more likely than either Harris or Hillary.

    And he qualifies as a trans-woman who is Black, and identifies as differently abled, anti-dexteronormative, and with a positive body image.

    • #48
  19. Flicker Coolidge
    Flicker
    @Flicker

    mildlyo (View Comment):

    This whole thing is a nothingburger. Swapping one lib on SCOTUS for another makes no difference.

    I do believe that Pelosi will become VP automatically as a matter of process if Harris is the pick. The President does not pick a serving VP replacement, that is a matter of succession.

    Is this so?  When Agnew resigned, he was replaced by Ford by presidential nomination, and Senatorial approval, I believe.  I’d like to know if anyone knows more accurately, but here’s the wiki explanation.

    According to The New York Times, Nixon “sought advice from senior Congressional leaders about a replacement.” The advice was unanimous. House Speaker Carl Albert recalled later, “We gave Nixon no choice but Ford.”  Ford agreed to the nomination, telling his wife that the vice presidency would be “a nice conclusion” to his career.

    Ford was nominated to take Agnew’s position on October 12, the first time the vice-presidential vacancy provision of the 25th Amendment had been implemented. The United States Senate voted 92 to 3 to confirm Ford on November 27. On December 6, 1973, the House confirmed Ford by a vote of 387 to 35. After the confirmation vote in the House, Ford took the oath of office as vice president.

    • #49
  20. DaveSchmidt Coolidge
    DaveSchmidt
    @DaveSchmidt

    DrewInWisconsin, Oaf (View Comment):

    Brian Clendinen (View Comment):

    Watch they will nominate Obama since he is a “Constitutional Expert” and he has the same handlers as Biden.

    Obama being nominated is more likely than either Harris or Hillary.

    Obama is fundamentally lazy. Being a justice on the Supreme Court is way too much work.  

    • #50
  21. kedavis Coolidge
    kedavis
    @kedavis

    DaveSchmidt (View Comment):

    DrewInWisconsin, Oaf (View Comment):

    Brian Clendinen (View Comment):

    Watch they will nominate Obama since he is a “Constitutional Expert” and he has the same handlers as Biden.

    Obama being nominated is more likely than either Harris or Hillary.

    Obama is fundamentally lazy. Being a justice on the Supreme Court is way too much work.

    Doesn’t the staff/clerks do the heavy lifting?  He just gets to sit in a big chair, look wise, and decide which clerks’ work to call his own.  (Kinda like what he’s done for his whole career…)

    • #51
  22. DaveSchmidt Coolidge
    DaveSchmidt
    @DaveSchmidt

    kedavis (View Comment):

    Brian Clendinen (View Comment):

    Watch they will nominate Obama since he is a “Constitutional Expert” and he has the same handlers as Biden.

    If they want a “woman” then Obama would have to become trans. That might be worth seeing.

    Are you referring to Barack or Michelle? 

    • #52
  23. DaveSchmidt Coolidge
    DaveSchmidt
    @DaveSchmidt

    Dbroussa (View Comment):

    Jim McConnell (View Comment):

    Miffed White Male (View Comment):

    Biden has apparently committed to nominating a black female.

    A trans black female.

    I’d be willing to be a trans-Black female to get that gig.

    You think Rachel Dolezal has a shot? 

    • #53
  24. kedavis Coolidge
    kedavis
    @kedavis

    DaveSchmidt (View Comment):

    kedavis (View Comment):

    Brian Clendinen (View Comment):

    Watch they will nominate Obama since he is a “Constitutional Expert” and he has the same handlers as Biden.

    If they want a “woman” then Obama would have to become trans. That might be worth seeing.

    Are you referring to Barack or Michelle?

    Brian referred to “he.”

    Also if they want someone trans, it would have to be Barack, since Michelle is (supposedly) already a woman.

    • #54
  25. DaveSchmidt Coolidge
    DaveSchmidt
    @DaveSchmidt

    kedavis (View Comment):

    DaveSchmidt (View Comment):

    DrewInWisconsin, Oaf (View Comment):

    Brian Clendinen (View Comment):

    Watch they will nominate Obama since he is a “Constitutional Expert” and he has the same handlers as Biden.

    Obama being nominated is more likely than either Harris or Hillary.

    Obama is fundamentally lazy. Being a justice on the Supreme Court is way too much work.

    Doesn’t the staff/clerks do the heavy lifting? He just gets to sit in a big chair, look wise, and decide which clerks’ work to call his own. (Kinda like what he’s done for his whole career…)

    I don’t think he can use a Teleprompter. 

    • #55
  26. kedavis Coolidge
    kedavis
    @kedavis

    DaveSchmidt (View Comment):

    kedavis (View Comment):

    DaveSchmidt (View Comment):

    DrewInWisconsin, Oaf (View Comment):

    Brian Clendinen (View Comment):

    Watch they will nominate Obama since he is a “Constitutional Expert” and he has the same handlers as Biden.

    Obama being nominated is more likely than either Harris or Hillary.

    Obama is fundamentally lazy. Being a justice on the Supreme Court is way too much work.

    Doesn’t the staff/clerks do the heavy lifting? He just gets to sit in a big chair, look wise, and decide which clerks’ work to call his own. (Kinda like what he’s done for his whole career…)

    I don’t think he can use a Teleprompter.

    How often are SCOTUS members – especially “junior” ones – on TV or doing press conferences?

    • #56
  27. DaveSchmidt Coolidge
    DaveSchmidt
    @DaveSchmidt

    kedavis (View Comment):

    DaveSchmidt (View Comment):

    kedavis (View Comment):

    DaveSchmidt (View Comment):

    DrewInWisconsin, Oaf (View Comment):

    Brian Clendinen (View Comment):

    Watch they will nominate Obama since he is a “Constitutional Expert” and he has the same handlers as Biden.

    Obama being nominated is more likely than either Harris or Hillary.

    Obama is fundamentally lazy. Being a justice on the Supreme Court is way too much work.

    Doesn’t the staff/clerks do the heavy lifting? He just gets to sit in a big chair, look wise, and decide which clerks’ work to call his own. (Kinda like what he’s done for his whole career…)

    I don’t think he can use a Teleprompter.

    How often are SCOTUS members – especially “junior” ones – on TV or doing press conferences?

    He once had a Teleprompter set up when he talked to a kindergartner class. 

    • #57
  28. Full Size Tabby Member
    Full Size Tabby
    @FullSizeTabby

    Flicker (View Comment):

    DaveSchmidt (View Comment):

    Flicker (View Comment):

    I know people say it will be Kamala Harris to clear the way for the elevation a more effective president, but word on the street is that Hillary’s the shoe in, to clear the way for a more effective presidential candidate.

    If I am correct, you don’t have to be a lawyer to be on the Court. However, does Hillary still have her law license?

    And so does my hero, Kumala. And she passed the bar, too.

    I doubt Ms. Harris will be the nominee. Besides the risk of an evenly divided Senate making selection of a new vice president difficult, I hope at least some Democrats will see how horrible was her performance in every job she has had, and especially in her law jobs (district attorney and state attorney general) that even they wouldn’t want to risk putting that level of (non)performance on the Supreme Court. She wouldn’t even be up for the job of running the supreme court cafeteria (one of the jobs assigned to the most junior justice), let alone following the legal arguments before the court. But maybe a Justice Harris would relieve Justice Sotomayor of her position as the dullest justice. There are likely other ways to sideline Harris from  running for president. 

    • #58
  29. kedavis Coolidge
    kedavis
    @kedavis

    DaveSchmidt (View Comment):

    kedavis (View Comment):

    DaveSchmidt (View Comment):

    kedavis (View Comment):

    DaveSchmidt (View Comment):

    DrewInWisconsin, Oaf (View Comment):

    Brian Clendinen (View Comment):

    Watch they will nominate Obama since he is a “Constitutional Expert” and he has the same handlers as Biden.

    Obama being nominated is more likely than either Harris or Hillary.

    Obama is fundamentally lazy. Being a justice on the Supreme Court is way too much work.

    Doesn’t the staff/clerks do the heavy lifting? He just gets to sit in a big chair, look wise, and decide which clerks’ work to call his own. (Kinda like what he’s done for his whole career…)

    I don’t think he can use a Teleprompter.

    How often are SCOTUS members – especially “junior” ones – on TV or doing press conferences?

    He once had a Teleprompter set up when he talked to a kindergartner class.

    Sounds like an argument in my favor.  How often do SCOTUS members talk to kindergarten classes?

    • #59
  30. DrewInWisconsin, Oaf Member
    DrewInWisconsin, Oaf
    @DrewInWisconsin

    You know who never needed a teleprompter and could easily give a two hour speech without one?

    Yeah, . . . the Orange Man.

    • #60
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