GOP Get Ready for a Supreme Court Nominee Fight They're Going to Lose

[babylonsister]

http://www.alternet.org/blogs/peek/139464/gop_get_ready_for_a_supreme_court_nominee_fight_they%27re_going_to_lose/#more


GOP Get Ready for a Supreme Court Nominee Fight They're Going to Lose

Posted by Steve Benen, Washington Monthly at 3:41 PM on May 1, 2009.

Conservative activists seem to be all worked up, convinced that they're not going to like President Obama's choice. Guess what? They're not.


When you think about it, conservative activists haven't had to fight to destroy a Supreme Court nominee in several decades. Clinton had two nominees, and both were confirmed with minimal opposition. Carter didn't fill any vacancies. LBJ had two, and Republicans filibustered Abe Fortas' nomination to be Chief Justice in 1968, but that was over four decades ago, before the modern conservative movement even existed.

So, this is the first real test for the right in contemporary political times, and the various players are obviously gearing up for a knock-down, drag-out fight, which they are, incidentally, very likely to lose.

At this point, before Souter even formally announces his intentions and long before we know who the nominee is going to be, I'd like to offer my friends on the right some advice: lower your expectations.

Early front-runners for the bogeyman nod have cropped up: Darling mentioned Yale University Law School Dean Harold Koh, whom he called "very extreme." {Jay Sekulow, the prominent conservative lawyer who heads the American Center for Law & Justice} specifically called out 2nd Circuit Appeals Court Judge Sonia Sotomayor, an early favorite for the nod, as "to the left of David Souter."

"This is not my ideal situation," said Kay Daly, president of the Coalition for a Fair Judiciary. "Obama could conceivably put a justice onto the bench that literally would make Souter look like {Associate Justice Antonin} Scalia."

Well, yes. Daly's misuse of the word "literally" notwithstanding, a progressive Democratic president, working with a large Democratic majority in the Senate, is likely to nominate a justice who would be "to the left" of a Republican nominee. That's how the game works. Democrats tend to nominate more liberal judges, Republicans tend to nominate conservative judges. It's not complicated. The issue came up repeatedly during the presidential campaign, and Obama won by a large margin anyway.

My point is, conservative activists seem to be all worked up, convinced that they're not going to like President Obama's choice. Guess what? They're not. And if somehow they manage to take down Obama's nominee, and the president picks someone else, they're going to hate his second choice, too.

"This is not my ideal situation," Daly said. You don't say. Since Daly's side lost and only has 40 votes in the Senate, I think that's an understatement. But, really, what do she and Sekulow expect to happen here?

[sonitus]

1. generalities

fighting... what else is new?
From what I've been seeing with the GOP since November, they'll probably try to fight against whoever President Obama nominates.

[spanone]

2. 'bring it on' the party of zero

[BlooInBloo]

3. As long Reid doesn't cave...

Aw hell - what am I saying? We're doomed.

[Arkana]

4. It won't be Reid's decision to do shit.

The President's closest advisers are the generals in the fight to get a SCOTUS nominee on the court, and you can bet your boots Rahm Emanuel will fight till his last breath.

SCOTUS nominees are bigger than ANY piece of legislation that gets approved by the Senate and if Reid doesn't know that I think Obama might make a one-time exception to his waterboarding policy to make SURE Reid gets it.

[BlooInBloo]

5. Oh - the majority leader no longer has control over what gets to a floor vote?

Thanks for the update!

[Arkana]

14. I meant in terms of marshaling votes

But thank you for talking to me like I'm a moron. Really. Thank you.

[customerserviceguy]

6. You can expect one thing

Every possible thing will be thrown at this nominee. It doesn't matter how trivial it is, or how long ago it happened, or whether it credibly happened or not. The aim will be to discourage future potential nominees from accepting a nomination, especially if it happens in this Congressional session.

[annabanana]

7. They know they're going to lose... and they don't really care.

Replacing a liberal judge with another liberal judge isn't going to change the balance on the court. They know that the stakes aren't that high...

BUT

They will howl and moan and make with the gnashing of teeth and holler "activist judge, commie, socialist,the end of the American way of life forever". . because it will drive their base wild and RAISE MONEY. . And this is pretty much the only thing they are worried about right now.

[FrenchieCat]

8. The Party of "No" and another pre-emptive Strike....again?

[KharmaTrain]

9. Episode 10475 of Elections Have Consequences...

In this episode the hero says "we won, you lost...sucks to be you"...

[AllentownJake]

10. It will be a 61-38 vote or 59-40 vote

Assuming Franken isn't seated by confirmation.

[Arkana]

15. Either way, we'll have a new SCOTUS justice.

It won't bother me if every single scumbag with an R next to their name votes against Obama's choice.

[47of74]

11. The GOP's coming out firing...

...too bad they haven't taken the guns out of the holster.

[roamer65]

12. Thank you to Justice Souter for waiting...

until the Obama administration to retire. I am glad he didn't under the Moron.

[givemebackmycountry]

13. Eff the right.

Obama could nominate Jesus Christ himself and actually have him show up at the confirmation hearings, and the right would complain about his "hippy like long hair" and sandals.