Constitutional Mic Drop
Marco Rubio returned to his Senate office yesterday. The erstwhile Presidential candidate took a lot of hits for absenteeism while on the trail, so he came back to work finally.
For one day.
Honestly, the only person who works less than a typical US Senator is the junior US Senator from Florida. The Senate is debarking on their annual Easter break, from the Friday before Palm Sunday, until they return the Monday after the Sunday after Easter. Then they are off May 2-6 for who knows what, May Day? Then May 30-June 3 for Memorial Day.
Senate Memorial Day is a big deal this year, because Senator Patrick Leahy, the ranking Dem on the Judiciary Committee, said Wednesday that the Senate should have PLENTY of time, vacations notwithstanding, to give Judge Merrick Garland a full hearing and an up-or-down vote by Memorial Day.
This is the first official deadline imposed by the Democrats on the Grand Old Party Of No regarding the SCOTUS nomination, and you should pay attention to it. While Republicans kick and fuss and hold their breath until the country turns blue, Dems and the President, I believe, have a plan.
The timing remains to be seen, but as early as May 31, or perhaps during the Fourth of July recess (7/1-7/5) but certainly no later than summer recess (7/18-9/5) – and EARLY in that break – President Obama will seat Merrick Garland on the Supreme Court as a recess appointment.
It is the logical move, although I believe that the GOP will try to find some way to pretend that the Senate is not in recess. But if they leave Obama an opening, I believe he will give them just enough rope to hang themselves, then drop the floor from underneath them.
The plot thus far is working brilliantly: 1) let them bloviate about how they will obstruct 2) nominate the most qualified jurist 3) let them bloviate some more and actually obstruct 4) give them a reasonable deadline to be reasonable 5) let them bloviate and obstruct even more 6) give them what they want.
Wait, what? Run that number 6 by me again? Yes, give them exactly what they want. “Wait until after the election,” they obstruct. “Let the American people decide,” they bloviate. “Fine!” Obama should respond, “but in the meantime, the
work of the Court must continue, and the Constitution has explicitly given us a remedy for just these types of situations. I hereby appoint Merrick Garland as Associate Justice of the US Supreme Court, to serve until fully confirmed or denied in January, 2017, by the newly-elected Senate of the 115th Congress. The people will have decided… AGAIN!”
LOL … I love it!! The Repukes will explode or implode or maybe a bit of both!!
1You go, Primo! A week after Scalia shuffled off this mortal coil I sent a letter to the President urging him to go right ahead and do his job and hopefully he could find a candidate who wasn’t pissed at the 21st century. I’m thinking the Prez could use all the supportive letters he can get on this subject to add extra whammy in his”discourse”with the Party of No.
2I see confetti raining down on their heads,all sized 8.5 by 11.
When all the GOP got all self-righteous I sent the WH an e-mail suggesting they mention that indeed the GOP is correct. As a “lame duck” the President should not nominate anyone however that holds true for Congress as well. The House should be completely closed – all Representatives up for re-election or retiring, all Senators retiring or up for re-election in November shall go home, we do not need to pay them and they should not be attempting to pass laws until the people have a chance to decide in November if we want them to continue to vote on laws for “we the people”. I believe this points out their duplicity very well.
3The Republican ruse of having a junior Senator bang the gavel twice every two or three days while the rest of them are out of town has a very easy remedy — simple assign two Democratic junior Senators to attend and as soon as the jR bangs the gavel the first time, request a quorum count. I think a Senate quorum is around 60 Senators. And with only three junior Senators in the room (city?) the Republican charade evaporates and Obama gets his recess appointment.
4Is every adult you know registered to vote? If not, find out if there’s some way you can help. Possible ways: access to your high speed internet, small gift (masquerading as a loan if that saves face) of cash to pay for documents, ride(s) to the DMV for photo ID if you’re in one of “those” states, ride(s) to the polls if they’re distant. We must have a Democrat in the WH, and we really must take back the Senate. I have spoken!
5On the bright side,with all the vacash time coming up for congress,they don’t have enough time or votes to impeach their nemesis. Obama will find away to outsmart wingnuts some more before he is done humiliating them. Go Obie.
6I agree with the strategy, but if Obama has to appoint someone I think he should choose a really young liberal.
I mean, why give them a moderate if the Senate blows the chance to confirm Garland in the normal way? Choose the liberal they would hate the most. (But not Warren ’cause we need her in the Senate.)
7The President’s plan sounds great, unless the Party of No finds a way to technically stay in session. Those deviants are so devious, I wouldn’t put it past them.
8W. C. (Pete) Peterson, that’s a strategically masterful plan. You’ve been studying President Obama. 😀
9LynnN, you may be surprised to find out that in terms of his opinions and rulings, Garland would be the 3rd most liberal justice on the Court, to the left of both Breyer and Kagan. In fact, with Breyer as the new “center” on the court, this would be the most liberal center-point on SCOTUS since they started measuring such things, back around the time, ironically, that Breyer was born. (late 1930s)
As to younger, well, I’d say this guy has a good 20 years in him.
Let’s save the younger, more liberal picks for President Clinton for when Breyer and the notorious RBG retire.
And for when Thomas gets impeached and Kennedy also retires.
Folks, there’s your revolution.
10Thanks, Juanita. A fine ploy that should cause the Repubs heart burn.
11“2) nominate the most qualified jurist”
12that the Republicans actually want on the bench.
The most qualified jurist that most of us visitors to TWMDBS might favor someone just a teeny bit more progressive than The Hon. Judge Garland.
Here’s his wrap up from 2010 when we got The Hon. Judge Kagan instead.
http://www.scotusblog.com/2010/04/the-potential-nomination-of-merrick-garland/
Pete, I strongly recommend both Warner and Kaine to be
13“grinches” that challenge the GOP puppet Senator with the gavel for a quorum count! Both of them live in comfortable distance of Capitol Hill. I think they would relish the chance to do this!
You’ve got to see these great Rubio cartoons compiled by Wapo! The best one uses a scale created by the Late! Great! MOLLY!!!! IVINS!!!!!
14P.S. “And I, Barack Obama, further appoint the following people, mostly women and minorities, to the 83 other vacancies on the federal bench, effective immediately, demanded by history, and well past time…”
15daChipster, I agree about Garland’s qualifications and (probably) about his longevity. If he’s confirmed I’ll be delighted. But if the Senate continues to play nasty partisan games with the position then they deserve to pay the price: someone in their forties who is liberal in every way that annoys the right wing.
16“Grand Old Party Of No” = GO Pee oN.
17http://www.huffingtonpost.com/entry/al-franken-supreme-court-nominee_us_56eadff2e4b084c6721f9393
Sen Franken leaves meadowmuffin O-RINIshii HATCHling near speechless. Priceless!
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