In this episode we present America’s favorite gameshow: Election Speculation! The roundtable doles out different SCOTUS nomination scenarios based on three electoral outcomes. Spoiler alert: one of them was followed with the sounds of children crying.
Direct download: Advice & Consent 13: Election speculation (mp3)
Hey, you’re listening!
Merrick Garland at 153 days
- Today as we release the show (8/16) marks day 153.
- For keeping track and comparing notes, Reuters keeps this up to date: Full Court Pressure – How Long Do Supreme Court nominees usually wait?
Oh my God Ryan Lizza, really?
Suggests a plotline of The West Wing for real life. Ragtag Gang and most of Twitter shakes head.
The Donald doubles down on “the list” until he doesn’t
Told Hugh Hewitt that GOP Senate should filibuster his nominee if he or she is not on “the list.” Also says there might be 4-5 more names added to it, stating “It byis possible there’ll be somebody outside of that list that has very similar principles, and I think you don’t want to totally preclude that.” Sooo… yeah.
What some conservative & libertarian folks are saying about Trump and SCOTUS… (see also: http://www.huffingtonpost.com/entry/conservative-legal-scholars-prefer-a-liberal-supreme-court-to-a-president-trump_us_57ade55fe4b069e7e504d4d3)
The Donald Advocates for Violence or Open Revolution over SCOTUS noms
- Another “are you f%cking kidding me” moment for this campaign
- If Clinton gets a SCOTUS pick, “nothing you can do, folks — although the 2nd Amendment people, maybe there is.”
- Trump ‘Second Amendment’ Comment Seen as Veiled Threat Against Clinton (NBC News)
- Secret Service spoke to Trump campaign about 2nd Amendment comment (CNN)
- In an alternate universe, we engage in a lively discussion on First Amendment jurisprudence: when can the government prosecute words as crimes? See, Brandenburg v. Ohio and commentary on the case.
- PS, this isn’t even the first time The Donald has said something close to the line in North Carolina that has had some of us looking up incitement laws in the state…
And they say we don’t care…
HuffPo/YouGov Poll says that SCOTUS is second most important issue in this presidential election. Economy is at 45%, which party nominates the next SCOTUS Justice is at 30%. (25% for Democrats, 33% for Republicans, 36% for Independents)
SCOTUS Nominations Election Speculation
America’s favorite game show! The roundtable speculates mic drop style on these scenarios:
SCENARIO 1: HRC wins with D Senate coming in… what does the President and GOP Senate do between now and January 2017 regarding the Scalia vacancy?
What does the GOP minority do with future HRC appointees? Filibusters?
SCENARIO 2: HRC wins with GOP Senate majority remaining intact…
what does the President and GOP Senate do between now and January 2017 regarding the Scalia vacancy?
How does the GOP majority handle future HRC appointees? Will there be similar phony new rules on SCOTUS nominations?
SCENARIO 3: The Donald wins…
We know the Senate would run the clock out on the Garland nomination. We’ll assume a GOP Senate too. Who’s the likeliest Scalia replacement from the Trump/Heritage list? What do the Dems do in response? And, perhaps most importantly… Adam when we go in on Vancouver Canucks season tickets, would you prefer we sit in the 300s behind the visiting net for 2 periods or the most economical lower bowl option available?