GOP roadblock sets up liberal avalanche?

The Republicans’ determination to prevent confirmation of President Obama’s Supreme Court nominee Merrick Garland, the chief judge of the U.S. Court of Appeals for the D.C. Circuit,  could, ironically, bring more liberal decisions than in decades.

How?

Well, 4-4 Supreme Court ties mean that the lower court ruling stands.

Since two-thirds of Americans live within the jurisdictions of liberal circuit courts, which are currently stacked with Democratic appointments, the Republicans may unwittingly have opened the door for more liberal decisions.

Even a Garland decision would be upheld by default with a 4-4 tie.

Ironic, huh?

 

There’s never been a Supreme Court vacancy NOT filled in a presidential election year

Despite Republican claims that blocking a President’s Supreme Court nomination in a presidential election year is common practice, it hasn’t happen since at least 1900.

In that time, there never has been a case of  the president failing to nominate and/or the Senate failing to confirm a nominee in a presidential election year. Even Republican Ronald Reagan’s nomination was confirmed by a Democratically-controlled Senate.

President William Taft (a Republican) nominated Mahlon Pitney to succeed John Marshall Harlan. The Republican-controlled Senate confirmed Pitney.

President Woodrow Wilson (a Democrat) made two nominations during 1916:  Louis Brandeis to replace Joseph Rucker Lamar and John Clarke to replace Charles Evans Hughes. The Democratic-controlled Senate confirmed both.

President Herbert Hoover (a Republican) nominated Benjamin Cardozo to succeed Oliver Wendell Holmes. A Republican-controlled Senate confirmed Cardozo.

President Franklin Roosevelt (a Democrat) nominated Frank Murphy to replace Pierce Butler, who was confirmed by a heavily Democratic Senate.

President Ronald Reagan (a Republican) nominated Justice Anthony Kennedy to succeed Louis Powell.  A Democratic-controlled Senate confirmed Kennedy (who followed Robert Bork and Douglas Ginsburg as nominees for that slot).

When Sherman Minton retired, President Dwight D. Eisenhower (a Republican), with the Senate adjourned, made a recess appointment of William J. Brennan. Brennan later was formally nominated to the Court and confirmed in 1957. 

When President Lyndon B. Johnson (a Democrat) nominated Abe Fortas, Republican Senators filibustered, but there was no vacancy because Chief Justice Earl Warren remained on the bench.

So there has never been a presidential election year nomination not confirmed when there is a vacancy, as there is now.

Contrary to what some Republicans are saying.

Justice Scalia dies; GOP will stall till November election

Supreme Court Justice Antonin Scalia, darling of the conservatives, passed away in his sleep Saturday.

He went quail hunting the day before in the Cibolo Creek Ranch in Texas.

The Republican-controlled Senate is almost certain to delay any confirmation attempt of President Obama’s choice, in hopes of getting a Republican President after November’s election.

With Scalia gone, the court is divided 4-4. So the next Justice will put the conservatives or liberals in the majority.

Ronald Reagan appointed Scalia and Anthony Kennedy.

George W. Bush appointed John Roberts and Samuel Alito, Jr.

George H.W. Bush appointed Clarence Thomas.

Bill Clinton appointed Ruth Bader Ginsburg and Stephen Breyer.

Barack Obama appointed Sonia Sotomayor and Elena Kagan.