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Re:Ruth Bader Ginsburg has died by dexterdog on Friday September 18, 2020 @07:52PM (#24523059)
But that was a republican senate that had the power to confirm or not. Now you have a republican president and senate so if they want to ram somebody through they can do that.
Re:Ruth Bader Ginsburg has died by rootusrootus on Friday September 18, 2020 @08:15PM (#24523260)
The next logical step is that the Democrats will flatly refuse to confirm any future Republican nominee for SCOTUS, regardless of what year of the President's term it is.

Partisan politics is tiring. The US is steadily becoming more and more mediocre while the rest of the industrialized world improves, because we are focused more on winning petty battles than improving our nation.

Re:Ruth Bader Ginsburg has died by ikiris on Friday September 18, 2020 @08:19PM (#24523317)
This is hardly about petty. its about power, and always has been. and the sides are in no way equal.
Re:Ruth Bader Ginsburg has died by tmountain on Friday September 18, 2020 @08:39PM (#24523543)
In this case, it's about the preservation of our democracy (Trump has already indicated he will contest the election), so I don't think "petty" is the appropriate term.
Re:Ruth Bader Ginsburg has died by _qulr on Friday September 18, 2020 @09:21PM (#24523913)
There's no democracy to preserve. The Supreme Court is inherently anti-democratic. As is the electoral college, the Senate, etc.

The US Constitution is explicitly anti-democratic, and it always has been, as the founders intended. I'm not saying this is a good thing, I'm just saying that's what it is.

Re:Ruth Bader Ginsburg has died by karpierz on Saturday September 19, 2020 @12:49AM (#24525181)
Can you explain how the US Constitution is anti-democratic? Or I guess, what you mean by democratic?
Re:Ruth Bader Ginsburg has died by _qulr on Saturday September 19, 2020 @07:41AM (#24526748)
I would define it as continual majority rule.

The anti-majority aspect should be obvious at this point: the President lost the popular vote (and indeed got the votes of only 26% of eligible voters), and the majority of the Senate represents a minority of voters.

The continual part is also essential. The less frequent the votes and/or elections, the less the public is able to express their wishes (and hold representatives accountable). Lifetime terms on the Supreme Court are the worst aspect of this. A member of the Supreme Court may be nominated by a President who lost the popular vote, confirmed by the Senate controlled by a minority of voters and whose members are only up for election once in 6 years. The Supreme Court justice then may hold power for decades, even as the "political winds" shift underneath the Court.

It's also important to note how difficult it is to change the laws, especially the Constitution itself. The Constitution was amended relatively frequently in the past, but now it's almost unthinkable. Separation of powers, checks and balances, mean that a determined minority can prevent pretty much anything from happening. They can completely thwart the majority from acting or changing the existing laws (which unfortunately have no expiration date).

Re:Ruth Bader Ginsburg has died by ReptileMan on Saturday September 19, 2020 @03:00AM (#24525723)
Well democracy is ruling by the demos - think three wolves and a sheep voting what to have for dinner. The moment you say that mutton is off the menu you are limiting the power of the demos to rule. So it is anti democratic.
Re:Ruth Bader Ginsburg has died by bonzini on Saturday September 19, 2020 @04:58AM (#24526148)
You are talking about direct democracy, which is but one kind of democracy. Representative democracy is still democracy.

Remember that Plato defined democracy in opposition to monarchy and aristocracy. Universal suffrage, freedom to form parties and to manifest against the government are (part of) what defines modern democracies. Even Switzerland only resorts to referendums in relatively rare cases.

Re:Ruth Bader Ginsburg has died by webmaven on Saturday September 19, 2020 @03:09AM (#24525761)
> Well democracy is ruling by the demos - think three wolves and a sheep voting what to have for dinner. The moment you say that mutton is off the menu you are limiting the power of the demos to rule. So it is anti democratic.

Limited ≠ Anti

Representative democracy is also limited compared to direct democracy, for example.

Re:Ruth Bader Ginsburg has died by bscphil on Friday September 18, 2020 @08:26PM (#24523390)
I don't think anyone disputing that they can do it, the point is that it's hypocritical. And the Republican Senate didn't "not confirm" Obama's pick, they refused to consider him at all, arguably a dereliction of their duty under Article 2 of the US Constitution.
Re:Ruth Bader Ginsburg has died by erichocean on Friday September 18, 2020 @08:57PM (#24523722)
> it's hypocritical

If Obama had a Democratic Senate majority in 2016, Merrick Garland would have been confirmed. That's the precedent.

Re:Ruth Bader Ginsburg has died by bscphil on Friday September 18, 2020 @09:01PM (#24523756)
That's literally not what the word precedent means. We're not talking about historical counterfactuals, we're talking about the specific defenses and reasoning that's given for a specific decision. When the Supreme Court makes a decision on the basis of precedent, they're saying that the way a previous case was decided should dictate how this case is decided. Likewise, McConnell's claimed "reasoning" in 2016 was that a supposedly controversial president should not be able to elect a new Supreme Court justice in an election year. If that precedent stands, Trump should not be able to in 2020.
Re:Ruth Bader Ginsburg has died by erichocean on Friday September 18, 2020 @09:13PM (#24523845)
Mitch McConnell has been consistent on this since 2016, and he just made the following statement today regarding RBG's death:

> The Senate and the nation mourn the sudden passing of Justice Ruth Bader Ginsburg and the conclusion of her extraordinary American life.

> Justice Ginsburg overcame one personal challenge and professional barrier after another. She climbed from a modest Brooklyn upbringing to a seat on our nation’s highest court and into the pages of American history. Justice Ginsburg was thoroughly dedicated to the legal profession and to her 27 years of service on the Supreme Court. Her intelligence and determination earned her respect and admiration throughout the legal world, and indeed throughout the entire nation, which now grieves alongside her family, friends, and colleagues.

> In the last midterm election before Justice Scalia’s death in 2016, Americans elected a Republican Senate majority because we pledged to check and balance the last days of a lame-duck president’s second term. We kept our promise. Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year.

> By contrast, Americans reelected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary. Once again, we will keep our promise.

> President Trump's nominee will receive a vote on the floor of the United States Senate.

It's happening whether we like it or not, and there's no "precedent" we can appeal to in order to stop it.

Re:Ruth Bader Ginsburg has died by bscphil on Friday September 18, 2020 @09:19PM (#24523894)
He has absolutely not been consistent. For example, here's the Washington Post claiming he did "a 180" on the issue: https://www.washingtonpost.com/politics/2019/05/29/oh-wed-fi...

> It's happening whether we like it or not, and there's no "precedent" we can appeal to in order to stop it.

Again, you're responding to some point I haven't made. I'm not claiming there's any way to stop it, I'm claiming McConnell is a man without honor or even decency and that the United States is headed into the toilet.

Re:Ruth Bader Ginsburg has died by erichocean on Friday September 18, 2020 @09:43PM (#24524086)
> I'm claiming McConnell is a man without honor or even decency and that the United States is headed into the toilet.

Sure, but it doesn't really matter. The issue is whether or not McConnell can confirm a Trump nomination this year, and he absolutely can.

Re:Ruth Bader Ginsburg has died by malwarebytess on Saturday September 19, 2020 @12:22AM (#24525033)
I don't know why this is confusing to you. Absolutely no one says he can't.

To quote a great comment:

> McConnell had serious doubts that Obama’s nominee, Merrick Garland, would _fail_ to get a majority in the senate, so he forbade the nomination to come to a vote. So it’s a little different than you pose: you a pretending that Obama’s nomination came to a vote and lost (which would be entirely legitimate). The majority leader prevented that from even happening.

Re:Ruth Bader Ginsburg has died by nwienert on Saturday September 19, 2020 @03:42AM (#24525867)
Where did he say he has serious doubts?
Re:Ruth Bader Ginsburg has died by sukilot on Friday September 18, 2020 @11:08PM (#24524610)
1/3 to 2/3 of the Senate is lame ducks. They are only in power because the utter devastation of the Trump era won't hit their ballot until 2020 or 2022. The "blue wave" of 2018 didn't wash over the Senate, only by mere luck of the random distribution of election years across Republican Senators.

The Republicans are on the way out of the Senate, and McConnell knows it, which is why he's trying to ram this through now. https://projects.fivethirtyeight.com/2020-election-forecast/...

Re:Ruth Bader Ginsburg has died by jakear on Friday September 18, 2020 @09:50PM (#24524139)
To be fair, he’s right. The constitution says the senate gets to approve the judiciary, and the senate is comprised of state-weighted representatives. If the majority of states don’t want a judge, they won’t be appointed. This is basic constitutional law.

It’s the constitution, particularly the election process of the senate that’s wrong: There’s no reason every state, regardless of their population, should have equal say in who gets to decide the judiciary (among other things).

Re:Ruth Bader Ginsburg has died by ncallaway on Friday September 18, 2020 @08:08PM (#24523187)
They can do it. But the very same Senate Majority leader set the precedent to not confirm appointments in an election year.

If McConnell violates this precedent that he set, I would strongly advocate for Democrats (whenever they have the Senate) to remove the legislative filibuster and increase the size of the SCOTUS to 17.

Re:Ruth Bader Ginsburg has died by rootusrootus on Friday September 18, 2020 @08:16PM (#24523273)
I would not be entirely surprised. There was a time when Democrats seemed to be intimidated by threats over nuclear options and such. Now that they know the truth, maybe they won't heed such warnings and decide that they need to win at any cost, just like their opposition.
Re:Ruth Bader Ginsburg has died by tines on Friday September 18, 2020 @08:55PM (#24523694)
> maybe they won't heed such warnings and decide that they need to win at any cost

Well, this is how you become what you're fighting against.

Re:Ruth Bader Ginsburg has died by Ericson2314 on Friday September 18, 2020 @10:58PM (#24524548)
Or how we get a long overdue new constitution.
Re:Ruth Bader Ginsburg has died by ApolloFortyNine on Friday September 18, 2020 @10:11PM (#24524256)
That's really just the "end of the Supreme Court" argument. If you pack the Supreme Court once, it'll happen every time a new party has the senate and the white house.

Especially since you yourself suggest packing it to give an immediate "Democrat" majority, when it's incredibly likely, even without a new nomination, the Supreme Court remains republican for at least 8 years.

Personally I think this is what democrats (and people like you) are hoping for. It'd give an excuse to pack the court day one and maybe not immediately lose all public support.

Re:Ruth Bader Ginsburg has died by omgwtfbyobbq on Saturday September 19, 2020 @03:00AM (#24525721)
That depends on how the court is packed, and how it functions after. It's possible that court packing could be seen as a success, even if each side alternates at packing, just because having many justices can minimize some of the court's current limitations.

https://time.com/5338689/supreme-court-packing/

To put it another way, the size of the House, Senate, and Presidency are determined by the constitution. The Judiciary is the only branch where it's size can be increased without a constitutional amendment, which could favor populism, regardless of who is in power, if it's expanded significantly.

Being as small as it is could speak to how the government has a tendency to concentrate/centralize power, even if it's relatively easy to spread that power out.

Re:Ruth Bader Ginsburg has died by vlovich123 on Saturday September 19, 2020 @07:00AM (#24526572)
You are incorrect on one thing. The size of the House is not determined by constitution. The only things it guarantees are that there’s a census and that each state gets at least one.
Re:Ruth Bader Ginsburg has died by ncallaway on Saturday September 19, 2020 @10:52AM (#24527803)
It also demands that apportionment of representatives be according to the population of the states.

So, yes, the total number isn't fixed but the apportionment is.

Re:Ruth Bader Ginsburg has died by vlovich123 on Saturday September 19, 2020 @08:48PM (#24531245)
if I recall correctly the specific rules for apportionment aren’t part of the constitution either are they?
Re:Ruth Bader Ginsburg has died by omgwtfbyobbq on Saturday September 19, 2020 @01:31PM (#24529083)
Thank you for the correction.
Re:Ruth Bader Ginsburg has died by gamblor956 on Friday September 18, 2020 @10:54PM (#24524523)
I look forward to the day when SCOTUS has hundreds of justices...
Re:Ruth Bader Ginsburg has died by tootie on Friday September 18, 2020 @08:06PM (#24523172)
McConnel also ended the filibuster on nominees to freeze democrats out of the process completely.
Re:Ruth Bader Ginsburg has died by coredog64 on Friday September 18, 2020 @08:14PM (#24523243)
Tit-for-tat. Harry Reid had exercised the “nuclear option” to exclude most Presidential appointments from being filibustered a few years previous.

We’re in an iterated prisoner’s dilemma and we’re still in the “last turn sets the new norm” phase. I’m hoping there’s a way out before too long.

Re:Ruth Bader Ginsburg has died by COGlory on Friday September 18, 2020 @08:44PM (#24523589)
The above comment is currently:

- Factually correct. Reid did end multiple filibusters.

- Unbiased - this is an iterated prisoners dilemma in that each side is forced to assume the other will make a worse action given the opportunity.

Why is this being downvoted?

Re:Ruth Bader Ginsburg has died by rurp on Friday September 18, 2020 @10:38PM (#24524428)
I upvoted and agree with the GP comment, but some might be mad that he didn't go one more step back and explain that the Republicans had already decided to block nearly all of Obama's appointees for purely political reasons. So Reid was just responding to a prior escalation.
Re:Ruth Bader Ginsburg has died by 8note on Friday September 18, 2020 @10:20PM (#24524308)
I think it misses the mark in that:

1. The supreme Court is not comparable to any other appointment 2. There's no guarantee that McConnell wouldn't have done this regardless

Re:Ruth Bader Ginsburg has died by tootie on Saturday September 19, 2020 @11:56AM (#24528313)
I think the simple distinction is that McConnel upset decades of detente and will reap enormous rewards and pay no price. Compare this to Joe Biden helping confirm Clarence Thomas because he believed it was the Senate's duty to give nominees a fair hearing and that the favor would be returned. That is over now and we're in a game of beggar thy neighbor. The salt in the wound is that Trump is only president due to antiquated rules that are set in law despite being a truly pointless tradition.
Re:Ruth Bader Ginsburg has died by stjohnswarts on Friday September 18, 2020 @10:00PM (#24524200)
However when the democrats win the election (president and senate) this fall then democrats will be able to add 3 more members to the Supreme court in order to counteract the Republicans heavily slanting the SCOTUS with Roe v Wade advocates.
[dead]
Re:Ruth Bader Ginsburg has died by _-david-_ on Saturday September 19, 2020 @01:43AM (#24525434)
Can you name one treasonous act that Trump has done?
[dead]
Re:Ruth Bader Ginsburg has died by _-david-_ on Saturday September 19, 2020 @01:20PM (#24528989)
>Giving de facto control of US to Putin.

Didn't happen.

>Asking for Putin to join the G7 several times

Not treason.

>before and after it was clear that he put bounties on American soldiers.

There is no proof Russia actually put bounties on soliders.

>Calling Americans soldiers losers and suckers.

No proof he did this except for McCain. Wouldn't be treason if it were true.

>Pardoning war criminals.

If this is the same case I know about then he was acquitted of war crimes. I doubt it would be treason though.

>Telling voters to commit election fraud by voting twice.

Maybe but I think he was trying to call out the risk on mail in voting. Most of media was not talking about the risks like people double voting. After his statement they talked about it. I think that was his point.

>And, last but not least, killing more than 200k Americans even though he knew perfectly of coronavirus risks.

Not treason and Trump is not really responsible for all deaths. Trump does not have the authority to do what people want him to do. That is on the states. If Trump locked down the states which would have been unconstitutional he would have been called an authoritarian.

Re:Ruth Bader Ginsburg has died by ArchBang on Saturday September 19, 2020 @05:45PM (#24530520)
So sounds like the election fraud encouragement could somewhat reasonably be termed treason.
Re:Ruth Bader Ginsburg has died by _-david-_ on Saturday September 19, 2020 @05:51PM (#24530542)
Probably not but thanks for trying.