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Justice Stevens' Exit May Mold Senate More Than Courts
Investor's Business Daily ^ | 4/9/2010 | Sean Higgins

Posted on 04/10/2010 9:17:25 AM PDT by Slyscribe

The irony of Justice John Paul Stevens' retirement is that it is likely to change the Senate more than the Supreme Court.

Stevens' announcement Friday gives President Obama his second chance to reshape the court. But as with his nomination of Sonia Sotomayor to replace David Souter, Obama's choice would be replacing one of the court's existing liberal stalwarts.

That means even if he chooses another liberal like Sotomayor, the court's ideological balance would remain the same. The string of recent narrow 5-4 decisions would likely remain unbroken.

But court watchers agree that is not likely to make this choice any less politicized for the Senate, which must confirm the nominee. Indeed, the Senate will begin hearings on the next nominee just as the fall election starts to heat up.

(Excerpt) Read more at investors.com ...


TOPICS: Constitution/Conservatism; News/Current Events; Politics/Elections
KEYWORDS: 2010midterms; bhojudicialnominees; bhoscotus; elections; issues; senate; stevens; supremecourt
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1 posted on 04/10/2010 9:17:25 AM PDT by Slyscribe
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To: Slyscribe
...which must confirm the nominee.

The Dims have proven this not to be true.

2 posted on 04/10/2010 9:21:21 AM PDT by Ingtar (Congress: proof that Entropy trumps Evolution)
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To: Slyscribe

I question the timing ... SC Justices usually exit at the end of the term.

Resigning right after the health care debacle, too convenient.

As to the Senate, well we will have to see who stands with America and the Constitution, won’t we.


3 posted on 04/10/2010 9:23:16 AM PDT by Tarpon ( ...Rude crude socialist Obama depends on ignorance to force his will on people)
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To: Slyscribe

...the Dennis Miller show yesterday posed the question....should we:

A)Fight against Obama’s replacement nominee tooth and nail?

B)Or let et it slide and keep our powder dry for the next nominee...that will be the one that could tip the balance.

.....most callers said fight it tooth and nail even if we lose...it will be a good ‘dress rehersal’ for the big one to come.


4 posted on 04/10/2010 9:28:02 AM PDT by STONEWALLS
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To: Slyscribe

I just pray to God that all the conservative judges remain healthy at least until there’s another one in the White House. So far, Obama’s only been able to move laterally.


5 posted on 04/10/2010 9:46:19 AM PDT by MIlle
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To: Slyscribe

I just pray to God that all the conservative judges remain healthy at least until there’s another one in the White House. So far, Obama’s only been able to move laterally.


6 posted on 04/10/2010 9:46:36 AM PDT by MIlle
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To: Slyscribe
The nominee will be ultra liberal. Guaranteed.
7 posted on 04/10/2010 9:48:41 AM PDT by Uncle Hal
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To: Slyscribe

This should be a lessen to those who didn’t vote for McCain. As much as I loathe him, at least he would nominate someone towards the middle, and hopefully, to the right. The only good reason to vote for him, was the Supreme Court.


8 posted on 04/10/2010 9:50:42 AM PDT by Jaidyn
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To: STONEWALLS

Fight. We have to make the debate public and overwhelmingly clear, so people understand what’s at stake.

NEVER, NEVER, NEVER MISS AN OPPORTUNITY TO MAKE STRONG, CLEAR ARGUMENTS FOR THE CONSERVATIVE POINT OF VIEW!!!


9 posted on 04/10/2010 9:54:52 AM PDT by Humble Servant ( See y'all in the gulag.)
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To: STONEWALLS

SCOTUS - JP Stevens Replacement

Fight it tooth and nail - if it is anything like Sotomayor it will be a debacle for the nation. We are facing a government takeover of healthcare, heavy industry and finance, where there will be one overbearing, inefficient, imperious, arrogant and stupid supplier, the US Government, and the only thing protecting us is the Constitution. If we put these automaton liberal judges in we risk losing everything. Sotomayor took those New Haven firefighters who had studied for a thousand hours, and threw their work, sweat and top grades right down the sewer on account of a supposed racially biased test - even after New Haven spent tens of thousands to “race experts” to make the test racially neutral. New Haven is the beginning, and our Supreme Court gave those fire fighters justice by a single vote. Those 5 votes are saving America!

Use the left’s insanity against then, fight the fight because people are now learning about the true Obama and they don’t like it. They cannot hide now, not after Obamacare and nuclear weapons and ‘putting it all on C-SPAN’, and these massive intrusions into our lives and businesses. The media will find it much harder to play dumb, it is all out in the sunlight. Let the Dem-left defend this - and you will see them run for cover.

My guess, if he is politically shrewd he will pick a very light leftist - Axelrod will tell him to avoid the fight, it will only kill more of them in November. But then again if he starts thinking he has lost his second term he may scorch the Earth with a Holder, Pee Wee Herman or a Kucinich type appointment. The nightmare continues.

When 4 people in a room vote to take the fifth’s wealth - it is not democracy, it is the rule of the mob. This is what Obama is pursuing! There is no democracy without property rights, and government ownership of the means of product is not the free market system.


10 posted on 04/10/2010 9:56:31 AM PDT by Titus-Maximus (Light from Light)
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To: Slyscribe
The confirmation process is also likely to absorb much of the already-limited time remaining on the Senate calendar this year, crowding other items off the agenda. Sen. John Kerry, D-Mass., who has been trying to build support for a clean energy bill, warned in a statement to not let that happen.

The GOP should try to do everything in their power to drag these hearings all summer long. Grind all other Senate business to a halt!

11 posted on 04/10/2010 10:00:11 AM PDT by NoExpectations
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To: Slyscribe
From the linked article: Reid called for the GOP to join them in "conducting fair, respectful hearings and (a) swift confirmation." Sen. Pat Leahy, D-Vt., chairman of the Judiciary Committee, called for a "thoughtful and civil discourse."

Oh, so NOW the libs want "fair, respectful hearings and a swift confirmation"! And Leahy, long one of the most vile partisans in the Senate, calls for "thoughtful and civil discourse".

What goes around comes around.

12 posted on 04/10/2010 10:04:35 AM PDT by Spartan79
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To: Tarpon
I question the timing ... SC Justices usually exit at the end of the term.

My understanding is that it's effective the day after the court ends its current term.

13 posted on 04/10/2010 10:30:24 AM PDT by DuncanWaring (The Lord uses the good ones; the bad ones use the Lord.)
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To: MIlle
So far, Obama’s only been able to move laterally.

I disagree. O'Conner was a swing vote. She was replaced by a liberal farther out than Ginsberg. Stevens has also swung conservative at times, a practice that I'm sure his sucessor will not follow.

14 posted on 04/10/2010 10:52:13 AM PDT by Pan_Yan
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To: Spartan79
Oh, so NOW the libs want "fair, respectful hearings and a swift confirmation"! And Leahy, long one of the most vile partisans in the Senate, calls for "thoughtful and civil discourse".

"You should do good, while we do evil." -The Democratic Party

15 posted on 04/10/2010 10:59:37 AM PDT by houeto (Get drinking water from your ditch - http://www.junglebucket.com/Jungle-Bucket-1.htm)
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To: Pan_Yan

What? Justice Alito is “a liberal farther out than Ginsberg”? What the heck are you smoking?

Yes, Justice O’Connor was replaced by Justice Alito. CJ Roberts was originally nominated to replace O’Connor, but when CJ Rehnquist died, President Bush decided to nominate Roberts for Chief Justice, then nominated Harriet Miers to replace O’Connor. After an extended period of intense criticism from the right, Bush dropped her and nominated Alito instead.

So, what say ye about the facts of the matter?


16 posted on 04/10/2010 11:05:52 AM PDT by savedbygrace (You are only leading if people follow. Otherwise, you just wandered off.)
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To: savedbygrace

Sorry. I’m not fully with it today. Souter, not O’Conner. Not as often a swing vote, but probably not as far left as whoever Obama appoints.


17 posted on 04/10/2010 11:11:31 AM PDT by Pan_Yan
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To: Pan_Yan

OK, that’s more like it. Even so, Souter became less conservative over time, ultimately voting more with the liberals on the Court. Sununu really screwed the pooch on that one, assuring Bush Souter would be dependable.

Stevens also began as a more conservative justice, and turned liberal over time.

At times, I’ve had the thought that the USSC has something in common with “Survivor” (I don’t watch the show, so what do I know?). I mean so far as the alliances and political crap is concerned. Obviously, none of them can get voted off.


18 posted on 04/10/2010 11:39:28 AM PDT by savedbygrace (You are only leading if people follow. Otherwise, you just wandered off.)
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To: Jaidyn

I love your optimism but I don’t trust McCain to do the right thing at all. I think that he’d have taken the same path as Obama. A little slower, a little milder, but still the same path and idiotic republicans would have supported republican socialism instead of fighting Obama’s socialism.


19 posted on 04/10/2010 11:46:48 AM PDT by Badray (sic semper tyrannis)
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To: Badray; ozarkgirl; AuntB; rabscuttle

I agree with all of you about McCain. His ‘change of heart’ is merely my way of saying, he is for the border fence as a result of Palin’s help. That doesn’t mean he’s really for the fence. He’s desperate to win, and desperately needs Sarah. She knows that...and so does he. As for her full stance on immigration, we will undoubtably get that when she is free of any perceived obligations to the man.


20 posted on 04/10/2010 12:01:59 PM PDT by Jaidyn
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