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re: CHECKMATE! Trump can appoint new justice in 10 minutes

Posted on 9/20/20 at 10:32 am to
Posted by viceman
Huntsville, AL
Member since Aug 2016
30688 posts
Posted on 9/20/20 at 10:32 am to
quote:

5-3 now.


Roberts is iffy.
Posted by hootawoddle
Member since Oct 2006
283 posts
Posted on 9/20/20 at 10:35 am to
CJ John Robert’s is not on the conservative side. It would be 4-4
Posted by viceman
Huntsville, AL
Member since Aug 2016
30688 posts
Posted on 9/20/20 at 10:52 am to
quote:

CJ John Robert’s is not on the conservative side. It would be 4-4



Then what? Might not happen, but if Trump wins on election night. The dems don't concede and we have a contested election with the "mail in votes" contoversy. Goes to SCOTUS and they are locked at 4-4. Then what happens?
Posted by GumboPot
Member since Mar 2009
118759 posts
Posted on 9/20/20 at 10:56 am to
McConnell is going to go through the process to put on the show. He won't recess the senate. The show riles us up and they collect more donations.
Posted by GumboPot
Member since Mar 2009
118759 posts
Posted on 9/20/20 at 11:02 am to
quote:

. The dems don't concede and we have a contested election with the "mail in votes" contoversy. Goes to SCOTUS and they are locked at 4-4. Then what happens?



Depends on timing. I believe the delegates cast their vote on December 14th. So all the challenges and judicial rulings in each state have to happen before December 14th.

I don't believe Roberts would vote to tie because he knows what a cluster frick that would cause and he is all about resolution even if it hurts the right. However the court is 4 conservatives and 3 liberals with Roberts as the swing vote. If my theory is correct about Roberts wanting a resolution he would feel compelled to side with the conservatives to end it.
Posted by cajunandy
New Orleans
Member since Nov 2015
671 posts
Posted on 9/20/20 at 11:04 am to
quote:

You must have missed the part where they said McConnell can call a recess.


McConnell cannot do it on his own. The Supreme Court has ruled that you need a recess of at least 10 days before you can have a recess appointment.
See Nat’l Labor Relations Bd. v. Noel Canning, 134 S. Ct. 2550 (2014)
Also, the Senate cannot go into recess longer than three days without the consent of the House.
See U.S. Constitution, Art. I, §5, cl. 4.

Recess appointments
Posted by cyarrr
Prairieville
Member since Jun 2017
3348 posts
Posted on 9/20/20 at 11:10 am to
quote:

This will 100% be done before the election WHEN the vote fails


Not likely.

Four republicans and all independents would have to vote against.

I just don't see that happening.

Besides the usual suspects, who else do you see deflecting?
Posted by Mrtommorrow1987
Twilight Zone
Member since Feb 2008
13121 posts
Posted on 9/20/20 at 11:34 am to
quote:

They do this instead of confirmation. If the vote fails there is no point. That person would be out. Trump appoints to the SCOTUS pre-election and the Senate confirms afterward. If they lose the vote another nominee would be named.


Correct sort of, if the vote fails before the election. He will appoint someone else by this method to get the 9th vote for the election
Posted by viceman
Huntsville, AL
Member since Aug 2016
30688 posts
Posted on 9/20/20 at 11:49 am to
quote:

If my theory is correct about Roberts wanting a resolution he would feel compelled to side with the conservatives to end it.

I just don't trust him.
Posted by Zarkinletch416
Deep in the Heart of Texas
Member since Jan 2020
8374 posts
Posted on 9/20/20 at 8:03 pm to
Do it. Frick them mofos'
Posted by Zarkinletch416
Deep in the Heart of Texas
Member since Jan 2020
8374 posts
Posted on 9/20/20 at 8:04 pm to
Do it. Frick them mofos'
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123887 posts
Posted on 9/20/20 at 8:14 pm to
quote:

Judge Nap says this is how it used to be done. POTUS can nominate, they are put on the SCOTUS next day, and then are confirmed in the Senate during the next 4 years.
..or they are removed when another judge is confirmed .
Posted by JJJimmyJimJames
Southern States
Member since May 2020
18496 posts
Posted on 9/20/20 at 8:14 pm to
quote:

Do it. Frick them mofos'




Do it. Frick them mofos'
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