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RBG Hopes ‘Cooler Heads’ Prevail On SCOTUS Vacancy

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RBG Hopes ‘Cooler Heads’ Prevail On SCOTUS Vacancy

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SCOTUS vacancy

WASHINGTON (Reuters) – U.S. Supreme Court Justice Ruth Bader Ginsburg said on Wednesday she hoped “cooler heads will prevail” over the vacancy on the Supreme Court, suggesting that Republicans should act on President Barack Obama’s nominee.

Ginsburg’s comments at Georgetown Law Center came a day after Democrats in the Republican-controlled Senate renewed their push for a confirmation hearing for Obama’s pick, appeals court judge Merrick Garland.

The nomination has been pending for 175 days without Senate action, the longest ever to the high court.

Republicans have said the next president should get to make the appointment because the vacancy, created by the death of conservative Justice Antonin Scalia in February, came in the final year of Obama’s presidency.

“I do think that cooler heads will prevail, I hope sooner rather than later,” Ginsburg said.

Ginsburg, 83, a liberal appointed by Democratic President Bill Clinton in 1993, acknowledged that the Senate, which has the responsibility to confirm or reject judicial nominations, did not have to confirm the nominee. But she said it did have an obligation to at least consider Garland instead of taking no action at all.

“The president is elected for four years, not three years,” she said in relation to the president’s authority to make appointments in the final year of a term. “Maybe some members of the Senate will wake up and appreciate that that’s how it should be.”

Earlier on Wednesday, Democratic senators held a press conference outside the Supreme Court demanding action on the nomination.

But Senate Majority Leader Mitch McConnell has so far held firm to his pledge to take no action.

The nine-seat court has been one justice short since Scalia’s death. With four liberals and four conservatives now on the bench, an appointment by a Democratic president could end decades of conservative domination on the court.

Ginsburg has a long track record of making sometimes outspoken public remarks, in stark contrast to most of her colleagues. In July, she issued a statement in which she said she regretted comments she made in press interviews criticizing Republican presidential nominee Donald Trump.

In one CNN interview she described him as a “faker.”

Photo: U.S. Supreme Court Associate Justice Ruth Bader Ginsburg arrives to watch U.S. President Barack Obama’s State of the Union address to a joint session of the U.S. Congress on Capitol Hill in Washington, January 20, 2015. Picture TAKEN January 20, 2015. REUTERS/Joshua Roberts/File Photo

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22 Comments

  1. Dan S September 8, 2016

    Sen. Mitch McConnel holds firm & this is a good enough reason why the Senate will flip to the Democrats in November. We need a majority leader who will take charge & not sit on qualified nominees for the Supreme Court

    Reply
    1. jmprint September 8, 2016

      Are you kidding the Chinese mafia have a tight hold on his balls.

    2. exceeds performance September 8, 2016

      The party of NO under Bark and Reid has forced this country to a grinding hault

      1. dpaano September 8, 2016

        Really? I don’t recall hearing Reid saying anything about not taking action on the Supreme Court nominee? Seems your buddy, McConnell and his cohorts are the ones forcing this country to a grinding halt….which is what they’ve been doing since Day 1 of President Obama’s term in office! Nothing has been done by this Congress in the last 7+ years due to their choice not to do anything for this president. As far as I’m concerned, they should ALL be tried for treason for that! They apparently don’t care anything about this country and only care about the party line!!! That’s NOT why they were elected and that’s NOT the reason that we pay their salaries! As a note, this Congress has had the LOWEST confidence ratings EVER….can you explain that? And, don’t blame it on the Democrats, okay, because we ALL know better who is causing the problems.

      2. Bill P September 8, 2016

        If by grinding halt you mean unemployment at 4.9%, over 6 years of monthly job growth, housing market improved vastly from 2008 and the stock market at or near record levels then you are correct. Otherwise you are living in a different reality from the real world.

      3. Charleigh Read September 8, 2016

        I notice Vietnam War draft dodger Dan M Ketter from Virginia (posting now as “exceeds performance”) is still pretending to be a retired Air Force Colonel on his 2 facebook profiles. Have respect for our troops who really did serve in the military and QUIT posing as a military vet and professor. You were just a Vietnam draft-dodging parts clerk who was pity hired on by your brother at Ford Motors since you couldn’t compete for a real job.
        https://www.facebook.com/dan.ketter
        https://www.facebook.com/dan.m.ketter
        https://www.linkedin.com/in/dan-ketter-883b3785

      4. Daniel Max Ketter September 8, 2016

        Another recall from Ford?? They must be avging 2 recalls per week now. Good thing the govt safety watchdogs are on them

      5. exceeds performance September 8, 2016

        The party of Military Impostors under Dan and Ketter has forced this country to a grinding hault

  2. OverthecliffRepublicans September 8, 2016

    Hillary Clinton is going to crush Donald Trump in the Electoral College vote on November 8th and the Democrats will regain the Senate majority. Merrick Garland will be on the Court by January 2017.

    Reply
    1. Elliot J. Stamler September 8, 2016

      While I hope you are right as of today and the situation is too fluid to make firm predictions, I think Hillary will win but whether the Democrats retake the Senate is more open. If they do I would predict the Senate will confirm Judge Garland between election day and Clinton’s inauguration in the belief her own judicial nominees will be from their perspective worse.

  3. dpaano September 8, 2016

    The ONLY way that cooler heads will prevail is if Hillary is elected and we take back the Senate! Otherwise, McConnell and his gang will hold up the nomination to the Supreme Court forever!!! It’s too bad the Supreme Court can’t “force” them to take action….after all, they are the ones that are supposed to make sure the Constitution is upheld! If the Senate is refusing to do their job per the Constitution…..something should be available so they can “go around” them and get this accomplished!

    Reply
    1. Jon September 8, 2016

      You are right. I get so tired of the Trumpanzees arguing that Article II, Section 2 of the Constitution doesn’t set a deadline on when the Senate must hold a hearing on presidential nominees. While true, it renders Article II, Section 2 virtually worthless when the Senate wants to refuse to grant a hearing indefinitely. You are right that applying their reasoning, they could literally hold up a hearing forever. If Hillary is elected, there is nothing to prevent them from waiting until the next election and see if they prefer the winner of that election. The could be impeached but the Senate is the jury in those cases so that is useless. They could not be re-elected but that seems doubtful. More promising is the hope that Democrats regain the majority in the Senate and hold a hearing.

    2. FireBaron September 9, 2016

      Oh, trust me. If Hillary gets elected, Garland’s vote will take place so fast it’ll make your head spin. After all. Hillary will probably get at least two, maybe three appointments over the next four years. If McConnell keeps going the way he is, he’ll have an apoplectic fit and be outta there.

      1. dpaano September 9, 2016

        We can ONLY hope!! I just think it’s pitiful that Ginsberg has to wait to retire until after the election and a Democratic president is elected. It would be sad to see her retire under a Republican president!!! Think of the damage that a Trump presidency could do to the Supreme Court….it’s downright scary!!

  4. johninPCFL September 8, 2016

    I don’t think the article spelled RBGs work correctly. When considering Trump, it’s properly spelled “fakir”.

    Reply
  5. Jon September 8, 2016

    Justice Ginsburg said what is required by the Constitution in language so clear that even Senators McConnell and Grassley should be able to understand it.

    Reply
    1. Elliot J. Stamler September 8, 2016

      They do not WANT to understand it nor do they respect it.

      1. Jon September 8, 2016

        It is clear they do not respect it. They thumb their noses at the Constitution. Shameful. Sad.

        1. dpaano September 9, 2016

          As I said before…..it seems that the Supreme Court should be able to do something about this since they are literally the “keepers” of the Constitution and are supposed to make sure it’s adhered to!

          1. Jon September 9, 2016

            The Supreme Court is the interpreter of our Constitution. As to the Constitution, the Supreme Court has no power to act unless a case or controversy is brought before it involving a constitutional issue by a person with legal standing to bring it. Basically it means that a person or group with standing would have to petition the Court to order the Senate to hold a hearing concerning a president’s nominee to fill a vacancy pursuant to Article II, Section 2 of the Constitution. If the Court agrees to hear the petition, the parties would present their arguments as the proper meaning of Article II, Section 2. The only real argument is about how soon after the president makes the nomination must the Senate hold a hearing and render its decision on the nominee. Since Article II, Section 2 does not provide any time limits(none were needed until we had a black president and racists McConnell and Grassley showing their colors), the Court would need to decide if the absence of a specified time means indefinitely or if the framers intended a hearing to be held within a reasonable time and what is a “reasonable time.”

      2. dpaano September 9, 2016

        I sincerely doubt they’ve ACTUALLY read it in its entirety!!! And, as you said, they certainly don’t respect it.

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