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Editor's Note: Steven Lubet is a professor at Northwestern University Pritzker School of Law. His most recent book is "The 'Colored Hero' of Harper's Ferry: John Anthony Copeland and the War against Slavery." The opinions expressed in this commentary are his.

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Here in Texas we elect our judges. How is that any different from this?

1 posted on 02/15/2016 2:29:59 PM PST by 2ndDivisionVet
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To: 2ndDivisionVet

Funny, Constitutionality sure becomes important when folks want to use it to their advantage.

Any other time, and the Republicans and Democrats couldn’t care less about the document.


2 posted on 02/15/2016 2:32:07 PM PST by DoughtyOne (Facing Trump nomination inevitability, folks are now openly trying to help Hillary destroy him.)
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To: 2ndDivisionVet

ridiculous. Recusal applies to the judiciary - not congress.


3 posted on 02/15/2016 2:32:36 PM PST by faithhopecharity ("Politicians are not born, they're excreted." Marcus Tullius Cicero (106 -- 43 BCE))
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To: 2ndDivisionVet

You needn’t be an NBC to be a Senator. This is baloney.


4 posted on 02/15/2016 2:32:44 PM PST by major-pelham
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To: 2ndDivisionVet

> “t would be one thing to vote against an individual, or even to stage a filibuster, but quite another to abdicate the Senate’s constitutionally required “advice and consent” function by refusing to extend even the minimal courtesy of a committee hearing.”

Oh really?


5 posted on 02/15/2016 2:33:37 PM PST by Hostage (ARTICLE V)
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To: 2ndDivisionVet

I once read a debate between Scalia and Tribe. Scalia was down to earth, clear and made sense. Tribe tried to impress, but made no sense whatsoever.


6 posted on 02/15/2016 2:33:42 PM PST by ChessExpert (The unemployment rate was 4.5% when Democrats took control of Congress in 2006.)
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To: 2ndDivisionVet

Ok, then every damned Obama supporting democrat senator has to stand down. Obama is a usurper.


7 posted on 02/15/2016 2:34:58 PM PST by Jim Robinson (Resistance to tyrants is obedience to to God!)
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To: 2ndDivisionVet

What a pantload. This guy is a perfesser?


8 posted on 02/15/2016 2:35:38 PM PST by Fido969 ("The hardest thing in the world to understand is income taxes" - Albert Einstein)
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To: 2ndDivisionVet

Great point!

Cruz SHOULD recuse.... following the fine example set forth by Kagen on the ACA.


9 posted on 02/15/2016 2:36:20 PM PST by C210N (Supporting the Constitutional Conservative in the race. Constitutional Conservative Cruz.)
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To: 2ndDivisionVet

It is not “constitutionally required” ....


10 posted on 02/15/2016 2:36:27 PM PST by wny
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To: 2ndDivisionVet

He doesn’t have to be a natural-born citizen in order to be eligible for election to the Senate. There is no doubt that he meets the Constitutional citizenship, age and residency requirements for the office he now holds.


11 posted on 02/15/2016 2:36:31 PM PST by RegulatorCountry
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To: 2ndDivisionVet

Liberals have no bottom floor.


12 posted on 02/15/2016 2:37:16 PM PST by hadaclueonce (This time it is serious.)
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To: 2ndDivisionVet

If McConnell is true to his word, there will never be hearings, so this leftie’s opinion is moot.


13 posted on 02/15/2016 2:37:40 PM PST by Praxeologue
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To: 2ndDivisionVet

The Constitution means NOTHING to these jokers when it stands in the way of some agenda they want to advance, like baby-butchery or sodomy. It’s only in cases like this that they even mention the words on the paper, and then very cynically.


15 posted on 02/15/2016 2:38:58 PM PST by madprof98
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To: 2ndDivisionVet

This guy is embarrassing himself.


16 posted on 02/15/2016 2:40:03 PM PST by KC Burke
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To: 2ndDivisionVet

Elections have consequences.


17 posted on 02/15/2016 2:41:01 PM PST by occamrzr06
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To: 2ndDivisionVet

Apparently you really can get a law degree from a box of Kracker Jack.


19 posted on 02/15/2016 2:42:34 PM PST by Oldeconomybuyer (The problem with socialism is that you eventually run out of other people's money.)
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To: 2ndDivisionVet

There ain’t no such a thang as conflict a interest if’n Cruz don’t know which a way the nominee would vote on Cruz’s issue. Maybe do that if Schumer recuses himself for being a jackass.


21 posted on 02/15/2016 2:44:18 PM PST by Mike Darancette (Obama Rules of Engagement: Hands up Don't Shoot)
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To: 2ndDivisionVet

More whining from a faux intellectual-and I never heard “recusal” in reference to anything but the judiciary.


23 posted on 02/15/2016 2:49:42 PM PST by Texan5 ("You've got to saddle up your boys, you've got to draw a hard line"...)
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To: 2ndDivisionVet
I wonder what Lubet's take was on Justice Kagan taking part in the decision National Association of Manufacturer's v. Sebelius.
26 posted on 02/15/2016 2:54:13 PM PST by henkster (Hillary Clinton's supporters are beginning to realize they are fettered to a corpse.)
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To: 2ndDivisionVet

He has to recuse himself based on a hypothethetical? ANY Senator could be tried by the Supreme Court in the future.


27 posted on 02/15/2016 2:55:56 PM PST by Dr. Sivana (There is no salvation in politics)
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