Sunday, February 14, 2016

More Scotus Pocus.

       Well now the flowers are wilting. There'll be no more friendly skies or campaign debates. The fur has already begun to fly. Depending on who you listen to, either Obama has no business nominating a successor to Justice Scalia or it is the responsibility of Obama to nominate a successor. Either way, our current Senate is not going to confirm any nominee he may put forwards.
       That decision must be made by the people, that is unless a Democrat is elected president in November. In which case, every Republican elected to the Senate will explain that his or her election proves the new president should not nominate anyone unless first selected by them. And there will be some who wouldn't vote to confirm even if the Republican caucus approved the candidate.
       The thing is, though, if the situation were reversed, the two parties could simply swap speeches and rhetoric with each other. But just how important is it to have a replacement in place in the next year or two? Here's the thing, with only eight on the court, every politically motivated and related case brought to the Supreme Court will wind up giving the decision of the lower court the nod. And that means that closer and closer scrutiny will be given to which lower court gets the question handed to them.
       Ya see, some of the courts just under the Supreme Court are friendlier to conservative ideals and others favor Liberal ideals. What it means is that for nearly all these cases, the Supreme Court will be of little use since it will be unable to determine winner or loser. But what happens when a Liberal court rules one way and a Conservative court rules just the opposite, and the Supreme Court ties? Yeah, what happens? That's why the court has an odd number of members, except when it doesn't.

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