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The Shortlist for SCOTUS and How the GOP Could Block the Nominee. We Already Know that It Will be a Black Woman
Red State ^ | 01/26/2022 | Nick Arama

Posted on 01/26/2022 8:15:51 PM PST by SeekAndFind

There was big news on Wednesday about Supreme Court Justice Stephen Breyer deciding to retire, something folks on the left have been pushing for some time to get his replacement named by Joe Biden. But even that story got messy when reports followed that Breyer hadn’t planned on announcing the news yet and was “upset” or “surprised” (depending upon which report you chose to believe). The report still appears to have validity that he is going to retire, just that he hadn’t planned to announce it when it was announced, but rather on his terms.

This may reveal some of that backbiting effort on the left to try to push Breyer out the door so they could get a younger appointee from Biden, something Breyer probably doesn’t appreciate. But the left wants him out the door before the possible change in Congress when Republicans could potentially take over the Senate and then pose a greater problem to a nominee. If they’re able to put through someone now, they likely would have Sen. Joe Manchin (D-WV) and Sen. Kyrsten Sinema (D-AZ) and they might get the Republican squishes like Sen. Mitt Romney (RINO-UT) and Sen. Lisa Murkowski (RINO-AK). But even if they didn’t have Romney and Murkowski, they could break a tie with Kamala Harris. So it sets up the fascinating possibility that if they tried to put up Harris as a nominee to possibly get her out of the way, she could vote for herself. She would be fulfilling Biden’s promise of considering a black woman nominee. Then, they would be able to put someone else in office to replace her.

I don’t know how serious Biden would be considering the idea of Kamala, but the reputed shortlist doesn’t have her name on it. Here are some of the names being considered.

-DC Circuit Judge Ketanji Brown Jackson who clerked for Breyer and holds degrees from Harvard and Harvard Law School. She also served as an assistant federal public defender.
-California Supreme Court Justice Leondra Kruger who clerked for the late Justice John Paul Stevens and was also acting deputy solicitor general in the Obama Administration.
-South Carolina US District Court Judge J. Michelle Childs who Rep. Jim Clyburn likes and Clyburn certainly has Joe Biden’s ear as he was instrumental in getting him into office. She was just nominated for the D.C. Circuit Court — that is still pending.

Other names being considered: District Judge Wilhelmina “Mimi” Wright, Circuit Judge Eunice Lee, Circuit Judge Candace Jackson-Akiwumi, and Sherrilyn Ifill.

But just because Biden nominates someone and the Democrats have the slimmest of majorities in the Senate right at the moment doesn’t mean that the nominee will necessarily make it through. Indeed, she could be blocked. Because of a power-sharing agreement between Sen Majority Leader Chuck Schumer (D-NY) and Senate Minority Leader Mitch McConnell (R-KY), the Judiciary Committee membership, staff and budgets are split in half. So there are equal numbers of Republicans and Democrats on the Committee, 11 each. If the Republicans chose to and they all voted together, they could hang a nominee up in Committee and the nominee would be in limbo, not voted out of Committee.

There is a way to get past that, but there’s still a big problem for the Democrats.

A majority of the Senate—51 votes, typically—can then put debate about the issue on the calendar for the next day. But that’s the last easy part. When the potential pick comes to the floor again, it’s not as a nomination. At that point, it’s a motion to discharge, a cloture motion that requires 60 votes. In other words, 10 Republicans would have to resurrect the nomination of someone already blocked in the Judiciary Committee.

In today’s climate, there’s no way they’re getting 10 Republicans to cross the aisle if the GOP is holding firm on a nomination.

Given the bulldog history of Mitch McConnell when it comes to nominations, I think it’s safe to say that, depending upon the nominee, you may see Cocaine Mitch employ such a tactic.



TOPICS: Government; Politics; Society
KEYWORDS: justicebreyer; scotus; shortlist
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1 posted on 01/26/2022 8:15:51 PM PST by SeekAndFind
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To: SeekAndFind

The GOP can block Breyer’s replacement in ONE WAY, the same way the Vote Rigging bill was blocked - and that’s to get Sinema and/or Manchin to support the blocking (along with all Republicans).

Short of that, the DEMOCRATS run the Senate and can and will change the rules there as needed to make sure that the nominee quickly gets through.

That’s what happens when people on our side sit out elections, to ‘teach the GOP a lesson’ - they EMPOWER Democrats, as we’re seeing here.


2 posted on 01/26/2022 8:19:53 PM PST by BobL (Money is the most important thing in my life.)
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To: SeekAndFind

Since we get to request gender, and skin color for SCOTUS - can I also request big boobs?


3 posted on 01/26/2022 8:28:42 PM PST by PGR88
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To: SeekAndFind

Biden nominates Kamala, all boxes checked and solves their unpopularity problem. Biden then gets to hand pick a new VP (a black female of course) who would become the 2024 nominee, either as his running mate or he steps aside to clear then path for the second President Obama.


4 posted on 01/26/2022 8:30:02 PM PST by bigbob
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To: SeekAndFind

Why nought a trans Black Woman?


5 posted on 01/26/2022 8:30:17 PM PST by Paladin2
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To: bigbob

H->! gets to be #2 [which we all know she is plenty full of] and BiXiden is Arkansided.


6 posted on 01/26/2022 8:32:33 PM PST by Paladin2
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To: BobL

This is nonsense. The GOP is not going to attempt to block a block woman from getting on the SCOTUS. We’ll grant her a “fair hearing”. As long as we do not hear about a dead girl or a live boy, she’s in.


7 posted on 01/26/2022 8:34:20 PM PST by MinorityRepublican
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To: PGR88

Second!!


8 posted on 01/26/2022 8:38:02 PM PST by stormhill
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To: SeekAndFind

As a black woman nominated to the Supreme Court, I am offended that the nomination is tainted by the shallowness of the president. I would be honored and honoring dr milk jr, if the content of my character and qualifications were the deciding reason for my nomination, but this racist resident of the White House, is still judging people by identity politics. I decline his virtue signaling.


9 posted on 01/26/2022 8:55:28 PM PST by teeman8r (Armageddon won't be pretty, but it's not like it's the end of the world or something )
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To: BobL
The GOP can block Breyer’s replacement in ONE WAY, the same way the Vote Rigging bill was blocked - and that’s to get Sinema and/or Manchin to support the blocking (along with all Republicans).

That's not going to happen. Sinema and Manchin have always been party-line followers when it comes to judicial nominees. And I don't believe for a second that the likes of Mitt Romney and Lisa Murkowski will stand in the way of a Biden SC nomination, no matter how extreme the nominee.
10 posted on 01/26/2022 8:57:33 PM PST by AnotherUnixGeek
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To: SeekAndFind

Kamala Harriet.


11 posted on 01/26/2022 8:59:07 PM PST by Buttons12 ( )
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To: SeekAndFind

doubtful that rinos will block them- didn’t lindsay give approval to garland even? Mitt- collins, murkowski and ilk will likely break the speed of sound rushign to vote for whoever the left put up for SC justice regardless of how radical they are


12 posted on 01/26/2022 9:05:20 PM PST by Bob434
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To: SeekAndFind

The black woman Biden picks should be really proud that the only reason she was selected was her skin color and her vag.


13 posted on 01/26/2022 9:19:40 PM PST by TigersEye (Ashli Babbitt was murdered)
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To: SeekAndFind

NO.

“This discharge motion may be debated for a maximum of four hours, equally divided and controlled by the majority and minority leaders. After the expiration (or yielding back) of time, the Senate will vote on the discharge motion, without any intervening action, motion, or debate.”

https://sgp.fas.org/crs/misc/R46769.pdf


14 posted on 01/26/2022 9:30:33 PM PST by Az Joe ("Scratch a Liberal, and a Fascist bleeds")
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To: SeekAndFind

Flimsey Grahamnesty can’t wait to vote to confirm whatever lunatic Senile Joe picks.

He’ll have lots of company, too.


15 posted on 01/26/2022 9:58:20 PM PST by Lurkinanloomin ( (Natural born citizens are born here of citizen parents)(Know Islam, No Peace-No Islam, Know Peace)
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To: Lurkinanloomin

9Thw vote to confirm will be in the high 90s for.


16 posted on 01/26/2022 10:01:01 PM PST by sport
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To: sport

The black woman who will eventually be the nominee, took me down to the wooded creek way back in ‘93 and had her way with me.

It was unwelcome and unexpected.


17 posted on 01/26/2022 10:10:09 PM PST by CJ Wolf ( what is scarier than offensive words? Not being able to say them. )
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To: CJ Wolf

Did she turn you every way but loose?


18 posted on 01/26/2022 10:16:49 PM PST by sport
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To: sport

She played me with bartles and James wine coolers and Zima.


19 posted on 01/26/2022 10:20:08 PM PST by CJ Wolf ( what is scarier than offensive words? Not being able to say them. )
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To: CJ Wolf

Youtube Conway Twitty Tight Fitting Jeans


20 posted on 01/26/2022 10:21:17 PM PST by sport
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