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Supreme Court Nominee - Neil M. Gorsuch |OT|

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LifEndz

Member
Play games, dems. Play all the fucking games you can to hold this up solely because of what they did with Garland.
 
I know people are saying he's crazy right and more right than Scalia, can anyone cite some court judgements or statements he's made that point to this? I can't really find much and I'm wondering what the basis of these claims are

He isn't, straight up. He is only 'worse' (depending on your perspective) because of how long he is going to be on the court. People forget how 'right' Scalia was, this guy isn't to the right of Scalia.
 

Amory

Member
Let them kill the fillibuster. Dems need to fight and get people fucking pissed to go vote in 2018.

Rolling over in hopes it will get goodwill or some shit from the GOP for next time will never work.

It's not a matter of goodwill. It's a matter of strategy.

Gorsuch is in either way, why also tear down your safety net in the process?

I see where you're coming from though. It's just different philosophies.
 
I know people are saying he's crazy right and more right than Scalia, can anyone cite some court judgements or statements he's made that point to this? I can't really find much and I'm wondering what the basis of these claims are
https://www.washingtonpost.com/news...on-be-reconsidered-a-federal-judge-thinks-so/

There’s an elephant in the room with us today. We have studiously attempted to work our way around it and even left it unremarked. But the fact is Chevron and Brand X permit executive bureaucracies to swallow huge amounts of core judicial and legislative power and concentrate federal power in a way that seems more than a little difficult to square with the Constitution of the framers’ design. Maybe the time has come to face the behemoth. . . .​

Scalia, by contrast, had stood by Chevron deference as a matter of precedent.
 

Maxim726X

Member
It's not a matter of goodwill. It's a matter of strategy.

Gorsuch is in either way, why also tear down your safety net in the process?

I see where you're coming from though. It's just different philosophies.

... Because there is no 'safety net'.

They're tear down the filibuster at the first opportunity. What more do we need to see?
 

kirblar

Member
It's not a matter of goodwill. It's a matter of strategy.

Gorsuch is in either way, why also tear down your safety net in the process?

I see where you're coming from though. It's just different philosophies.
BECAUSE THE SAFETY NET IS NOT A SAFETY NET. IT EXISTS ENTIRELY AT THE PRIVILEGE OF THE MAJORITY LEADER.

And he does not want to kill it because of what's in the White House.

And that can be exploited.
 
He isn't, straight up. He is only 'worse' (depending on your perspective) because of how long he is going to be on the court. People forget how 'right' Scalia was, this guy isn't to the right of Scalia.

And I just realized why they picked him.

Because we're fighting internally over how to respond.

Gorsuch is basically the poison pill.

If Trump had picked someone totally batshit (and, again: Gorsuch isn't), Dems might actually unify and develop a cohesive opposition strategy. We're really one RBG missed flu shot away from something far worse.
 
D

Deleted member 17706

Unconfirmed Member
It's not a matter of goodwill. It's a matter of strategy.

Gorsuch is in either way, why also tear down your safety net in the process?

I see where you're coming from though. It's just different philosophies.

What safety net? How is it a safety net if it can be torn down at any time?

There's no reason to believe that the GOP will ever compromise with the Democrats, especially not before the 2018 primaries, and even more especially after those primaries if they make gains.

I'm seriously not understanding the arguments to not force the GOP to use the nuclear option. It would shed a lot of light on things for people who don't know what a filibuster is, and it would mean the democrats have more control in 2018 if they manage to gain the majority in the senate again.
 
It makes me throw up in my mouth a little to think of the fact the republicans literally stole this nomination and because our fucking country voted this dumb motherfucker instead of Hillary we're going to be living with his decision for possibly 4 fucking DECADES. Fuck it makes me angry.

Obama gave up this nomination with barely a fight. Be real.
 

slit

Member
It's not a matter of goodwill. It's a matter of strategy.

Gorsuch is in either way, why also tear down your safety net in the process?

I see where you're coming from though. It's just different philosophies.

It's not there anyway. If they're going to nuke the filibuster, they'll do it on the next pick even if the Dems roll over. You think the GOP is going to say to themselves, "Gosh the Dems were so nice last time, let's have a dialog about this."
 

ezekial45

Banned
Yeah, this is a really tough situation for Dems. It's essentially a damned if you do, damned if you don't scenario. They filibusterer, they run the risk of blow back and the GOP going after the filibuster option and eliminating it. If they don't, then they risk their own constituents turning on them for not fighting back against the GOP for Trump and what happened to Garland -- which is especially bad during a Trump presidency.

It's fucked, especially when this guy is fairly neutral, but still conservative. Yet, he's easily one of the tamer options they've put forth, which I'm glad for. I want the dems to keep fighting, but I do recognize they have to be smart and pick their battles since they're in the minority in congress. It sucks, but a part of me feels that this one is better left alone. But I still worry for Roe v Wade and Brown v Board of Education with this kind of SC under GOP leadership.

Yeah, it really sucks right now.
 
If we aren't going to filibuster this pick .. then why are we scared of it going away?

What's the point of having it if we don't use it

I'd rather it be gone entirely if only republicans use it and democrats don't
 
if the dems resist, can't republicans just get rid of the filibuster using reconciliation?

kinda damned if they do, damned if they don't?
 

Ether_Snake

安安安安安安安安安安安安安安安
People are suggesting we play nice with the same GOP that was promising to stop Clinton from filling that seat if she won.

Politicians say a lot of stuff when it comes to the future, a lot of bullshit.

The GOP would have been in a losing position if they had lost against Clinton, whatever they might have said before. Imagine if Trump lost, they would have been in purge mode right now, they would have been utterly humiliated, and they would have had very little room to go crazy over Hillary's nominee for long enough other than to lose popularity. The narrative would have been that they are out of touch, need to go more progressive on various issues. The political landscape would have been very different.
 

kaskade

Member
Not a surprising pick for a republican president. I probably wouldn't have any issue with it for the most part if Garland situation wasn't a thing.
 
It's expected to have another right wing guy to fill the vacancy. Gorsuch doesn't seem completely horrible, though.

I guess this news could have been much worse.
 
Obama gave up this nomination with barely a fight. Be real.

It has nothing to do with Obama not fighting. The people didn't fight. Most people didn't give a shit. There should have been massive protests when Republicans didn't even have a fucking hearing for Garland for a year. But it didn't happen. Trump is right about one thing, the people have spoken by not speaking. Pretty much the story of the election as well
 
D

Deleted member 17706

Unconfirmed Member
Yeah, the filibuster is gone as soon as the Dems use it to obstruct something useful.

Then get rid of it and stop pretending it's there. If the GOP are the only ones who get to use it successfully because the democrats want to take the high road, then the democrats may as well force the GOP to lower that threshold so that future democratic majorities might be able to benefit from having more control.
 
Politicians say a lot of stuff when it comes to the future, a lot of bullshit.

The GOP would have been in a losing position if they had lost against Clinton, whatever they might have said before. Imagine if Trump lost, they would have been in purge mode right now, they would have been utterly humiliated, and they would have had very little room to go crazy over Hillary's nominee for long enough other than to lose popularity. The narrative would have been that they are out of touch, need to go more progressive on various issues. The political landscape would have been very different.
Nah this isn't true

The senate map in 2018 would have been killer if a democrat was in the whitehouse at the time. They could have just blocked Hillary for 4 years on a Scotus pick. There would have been nothing stopping them from doing it.
 

Gattsu25

Banned
It's expected to have another right wing guy to fill the vacancy. Gorsuch doesn't seem completely horrible, though.

I guess this news could have been much worse.

From the OP:
In one case, in 2010, Judge Hardiman's majority opinion allowed New Jersey officials to strip-search people arrested for any offense before admitting them to a jail, regardless of whether the authorities had reason to suspect the possession of contraband.​

Edit, yeah I misread.

Keeping this here for the shame but will remove the red :(
 

Maxim726X

Member
Yeah, this is a really tough situation for Dems. It's essentially a damned if you do, damned if you don't scenario. They filibusterer, they run the risk of blow back and the GOP going after the filibuster option and eliminating it. If they don't, then they risk their own constituents turning on them for not fighting back against the GOP for Trump and what happened to Garland -- which is especially bad during a Trump presidency.

It's fucked, especially when this guy is fairly neutral, but still conservative. Yet, he's still one of the tamer options they've put forth. I want the dems to keep fighting, but I do recognize they have to be smart and pick their battles since they're in the minority in congress. It sucks, but a part of me feels that this one is better left alone. But I still worry for Roe v Wade and Brown v Board of Education with this kind of SC.

Yeah, it really sucks right now.

It really isn't.

Either they:

A) Resist from the word go, and watch the filibuster get defanged.
B) Wait until something that they really want to fight, and watch the filibuster get defanged.

Have the Democrats learned nothing? People like bravado, resistance, and solidarity. Be the party of 'no'- The Republicans are already calling the Dems that! Might as well fucking own it. He's already ridiculously unpopular... Take advantage of it.
 

faisal233

Member
It's not there anyway. If they're going to nuke the filibuster, they'll do it on the next pick even if the Dems roll over. You think the GOP is going to say to themselves, "Gosh the Dems were so nice last time, let's have a dialog about this."

LOL, exactly. If it's a safety net, it will work now or it will never work. Lets find out now so we know what the stakes are.
 

RPGCrazied

Member
From the OP:
In one case, in 2010, Judge Hardiman's majority opinion allowed New Jersey officials to strip-search people arrested for any offense before admitting them to a jail, regardless of whether the authorities had reason to suspect the possession of contraband.​

Wrong guy, oops.
 
If we aren't going to filibuster this pick .. then why are we scared of it going away?

What's the point of having it if we don't use it

I'd rather it be gone entirely if only republicans use it and democrats don't

Four years guys...give me a break. You expect Dem's to filibuster this for four years and somehow not be busted up for four years? We are on the winning side right now and will be, blocking this melts our chances at 18/20.

Nuke it when they go for RBG, Bryer and turn them into the bad guy when there is six-months to an election. Not now...

We are replacing Scalia, nothing changes on the court.
 

Kinsei

Banned
A young Scalia. Great. Hopefully Ginsburg doesn't die within the next 8 years.

Dems better fight this for as long as they can.
 

sangreal

Member
From the OP:
In one case, in 2010, Judge Hardiman’s majority opinion allowed New Jersey officials to strip-search people arrested for any offense before admitting them to a jail, regardless of whether the authorities had reason to suspect the possession of contraband.​

bruh, that's the other guy
 
Then get rid of it and stop pretending it's there. If the GOP are the only ones who get to use it successfully because the democrats want to take the high road, then the democrats may as well force the GOP to lower that threshold so that future democratic majorities might be able to benefit from having more control.

This is the most salient point.

As soon as it's expedient -- and by that, I mean politically expedient, in that it obtains results that benefits the Red Team -- the GOP will end the filibuster. It will suffer no negative blowback other than op-eds that its base will never read.

What people are missing is that institutional frameworks only endure as long as institutions themselves respect them. John McCain respects the "advise and consent" role of the Senate. Ted Cruz respects that role. Trump does not.
 

faisal233

Member
Four years guys...give me a break. You expect Dem's to filibuster this for four years and somehow not be busted up for four years? We are on the winning side right now and will be, blocking this melts our chances at 18/20.

Nuke it when they go for RBG, Bryer and turn them into the bad guy when there is six-months to an election. Not now...

We are replacing Scalia, nothing changes on the court.

2 years, and try for the senate. Then vote him down.
 

Maxim726X

Member
Four years guys...give me a break. You expect Dem's to filibuster this for four years and somehow not be busted up for four years? We are on the winning side right now and will be, blocking this melt our chances at 18/20.

Nuke it when they go for RBG, Bryer and turn them into the bad guy when there is six-months to an election. Not now...

I honestly don't understand this mentality. Explain what the thought process is here?

It's going to be busted up as soon as they use it. It's not a tool in their arsenal. It might as well not exist at all.
 

Kill3r7

Member
Yeah, this is a really tough situation for Dems. It's essentially a damned if you do, damned if you don't scenario. They filibusterer, they run the risk of blow back and the GOP going after the filibuster option and eliminating it. If they don't, then they risk their own constituents turning on them for not fighting back against the GOP for Trump and what happened to Garland -- which is especially bad during a Trump presidency.

It's fucked, especially when this guy is fairly neutral, but still conservative. Yet, he's easily one of the tamer options they've put forth, which I'm glad for. I want the dems to keep fighting, but I do recognize they have to be smart and pick their battles since they're in the minority in congress. It sucks, but a part of me feels that this one is better left alone. But I still worry for Roe v Wade and Brown v Board of Education with this kind of SC.

Yeah, it really sucks right now.

Why? The composition of the court will not change. I would worry once one of Kennedy, RBG and Breyer step down. Either way no one is reversing Brown v Board of Ed.

On the other hand Roe v Wade is a different kettle of fish.
 
I honestly don't understand this mentality. Explain what the thought process is here?

It's going to be busted up as soon as they use it. It's not a tool in their arsenal. It might as well not exist at all.

I agree with you. I wish we weren't right. The biggest mistake that the Democratic Party has made is that it sincerely believes the GOP cares about political blowback.

It doesn't. It cares about winning.
 

joe2187

Banned
It's expected to have another right wing guy to fill the vacancy. Gorsuch doesn't seem completely horrible, though.

I guess this news could have been much worse.

No, dont get complacent.

Deny him every inch, It worked for the Republicans, use the same strategy only more aggressive.

You need to fight fire with fucking napalm at this point.
 

Amory

Member
... Because there is no 'safety net'.

They're tear down the filibuster at the first opportunity. What more do we need to see?

BECAUSE THE SAFETY NET IS NOT A SAFETY NET. IT EXISTS ENTIRELY AT THE PRIVILEGE OF THE MAJORITY LEADER.

And he does not want to kill it because of what's in the White House.

And that can be exploited.

What safety net? How is it a safety net if it can be torn down at any time?

There's no reason to believe that the GOP will ever compromise with the Democrats, especially not before the 2018 primaries, and even more especially after those primaries if they make gains.

I'm seriously not understanding the arguments to not force the GOP to use the nuclear option. It would shed a lot of light on things for people who don't know what a filibuster is, and it would mean the democrats have more control in 2018 if they manage to gain the majority in the senate again.

It's not there anyway. If they're going to nuke the filibuster, they'll do it on the next pick even if the Dems roll over. You think the GOP is going to say to themselves, "Gosh the Dems were so nice last time, let's have a dialog about this."

How can you be so sure? I'm not trying to be an asshole, I'm just asking.

I doubt McConnell wants to lose the filibuster. Fact is, no one knows how many more justices Trump will get to appoint in the next 2 years before the midterms, or even before the end of his presidency. Maybe 2. Maybe none.

Republicans love the filibuster. Getting rid of it is a risk for them down the line.
 

slit

Member
Four years guys...give me a break. You expect Dem's to filibuster this for four years and somehow not be busted up for four years? We are on the winning side right now and will be, blocking this melts our chances at 18/20.

Nuke it when they go for RBG, Bryer and turn them into the bad guy when there is six-months to an election. Not now...

We are replacing Scalia, nothing changes on the court.

Where are you getting that idea from? Some protests at airports does not mean we are winning any kind of ideological battle in the long term.
 

Future

Member
It really isn't.

Either they:

A) Resist from the word go, and watch the filibuster get defanged.
B) Wait until something that they really want to fight, and watch the filibuster get defanged.

Have the Democrats learned nothing? People like bravado, resistance, and solidarity. Be the party of 'no'- The Republicans are already calling the Dems that! Might as well fucking own it. He's already ridiculously unpopular... Take advantage of it.

That's how I feel. The republicans use democrat dissent as an advantage. They tried to repeal Obamacare like 50 times knowing it wouldn't work, but as a symbolic gesture. Then they reference these attempts during election years and paint the democrats as evil, igniting their base

We should do the same. Filibuster this shit. Let repubs kill it if they want. But start fighting this republican nonsense. That is, if they really want to ignite their own base. Protesters will lose steam if they feel the Democratic Party aren't protesting with them through actual politics
 

ezekial45

Banned
Why? The composition of the court will not change. I would worry once one of Kennedy, RBG and Breyer step down. Either way no one is reversing Brown v Board of Ed.

On the other hand Roe v Wade is a different kettle of fish.

It's expected at least another SCJ will retire or step-down within four years. That's what I worry for. Once that happens, and if the GOP is still in major leadership, then I can totally see them revisiting and targeting more progressive laws if they put in another conservative.
 
I honestly don't understand this mentality. Explain what the thought process is here?

It's going to be busted up as soon as they use it. It's not a tool in their arsenal. It might as well not exist at all.

Because we are winning the narrative right now.

We accept that Gorsuch is going to get confirmed either way, yes? So why change the political narrative right now? If Dem's go nuke they get what out of it exactly?

Where are getting that idea from? Some protests at airports does not mean we are winning any kind of ideological battle in the long term.

Talking right now. Women's march and immigration ban. What do we gain by nuking the filibuster and end up having him get through anyways?
 
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