RIP RBG

[bostonimproper]

https://www.nytimes.com/2020/09/18/us/r ... -dead.html

[enigmaT120]

I can't stop crying. I love so many women and they are so fucked over now.

[Alphaville]

terrible news. a punch in the gut.

[Lemur]

Bet the R’s will immediately work to get a replacement...but I thought they have to wait until after the election? ...

https://en.m.wikipedia.org/wiki/Merrick ... nomination

https://www.reuters.com/article/idUSKBN26A02B

[Cheepnis]

RIP. I don't think she can quite live up to he hero status that has grown around her, but this is no doubt a pivotal and sad moment in our fight to retain some form of representative government.

[enigmaT120]

I can't stop crying. Because I'm sure the Trump team will push someone through who will make sure that none of the female bodied people that I love will have any say over their own bodies. And I think they can do it before the election.

[IlliniDave]

Bet the R’s will immediately work to get a replacement...but I thought they have to wait until after the election? ...

https://en.m.wikipedia.org/wiki/Merrick ... nomination

https://www.reuters.com/article/idUSKBN26A02B

First, it was a sad night to hear of the passing of Justice Ginsburg, a truly larger-than-life figure who blazed trails at a time when there were many obstacles. She advocated her beliefs without being a partisan hack. She was the opposite, in fact, and as far as character goes, she should serve as a role model for anyone aspiring to a position of leadership in government. Should a candidate be considered, I hope people remember her sharp criticism of the nakedly political hatchet job attempted on Kavanaugh. I wasn't always a fan of her means as a Justice, but the ends she sought were generally noble. One has to respect her courage and conviction even when disposed to quibbling over tactics. A great loss to the country.

My understanding of the so-called "McConnell Rule" is that it applies when the president is of the opposing party to the party controlling the Senate. If that's correct, it seemingly wouldn't apply. For the record I dislike the rule (if it is even a true rule and not just a precedent) along with all the rest of the "rules" the legislative bodies have put in place to facilitate tyranny of the majority. Another such rule that is relevant is the blue team's banning of the filibuster for judicial appointments some years back while in control of the Senate. It helped them short-term but it's what now theoretically allows McConnell to ram this one through.

No Senate rule can stop the president from making a nomination. So I expect POTUS to do so, as is his duty. If McConnell can get the votes he'll ram it through. I don't think he'll get the votes so I don't think it will go forward. But it might.

It's disappointing to see the fearmongering. An examination of the record of Trump's two appointments would suggest neither fit the part of the seething racist/misogynist who will go rogue activist. That's a redeeming characteristic of conservative judges--by definition they are not judicial activists. And neither has displayed any inherent cruelty in their rulings, nor any anti-liberty bent. More the opposite it appears, as my few purist "constitutional conservative" acquaintances have been critical of their record to date.

A point I saw made is that one party especially is openly gearing up to put the election in the hands of the courts. Going into that with a SCOTUS that could potentially be deadlocked isn't something I look forward to. Anarchists and their bedfellows would see it as ideal.

There's no such thing as a good time for the passing of RBG, but it's hard to think of a worse time. This is likely to add a lot of potential energy to the powder keg we're sitting atop in the US. Unfortunate fallout of the increasingly partisan nature of SCOTUS. There will be winners and losers in the next two months. I hope both can be graceful, but in truth I expect the exact opposite.

[Alphaville]

it’s not any kind of “rule,” it’s just sophistry

[chicago81]

MM is a politician. A very experienced one at that. You can expect him to linguistically rationalize anything that he wants to do.

As someone who was just recently permitted to marry the person I love, due in large part to efforts by RBG, I can't even describe how sad I am to hear of her passing.

Just when I thought 2020 couldn't possibly get any worse...

[IlliniDave]

it’s not any kind of “rule,” it’s just sophistry

I'm not sure it even rises to that standard since I've never heard much in the way of an argument for it. Nor any sort of reference that would lead me to believe it is standing rule of the Senate or whatever.

Best thing in a lot of ways would be to just let it lie until after the election. If it gets that far ahead of Nov 3 I still think enough red team-ers will break to kill it.

[Tyler9000]

Thanks for the thoughtful posts, IlliniDave. When most of the internet going predictably hyperbolic and ramping up the propaganda machine, reading a measured take is a welcome reprieve.

It would be interesting to be a fly on the wall during all of the backroom negotiations that are just now getting started. Even the squishiest Republicans may find the opportunity to use their signaled hesitance to essentially handpick the next justice (and get huge political concessions in the process) too tempting to pass up. We'll see.

[Lemur]

Umm maybe my initial reaction was wrong

https://www.reuters.com/article/BigStor ... SKCN26B0I7

I hope so at least.