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Senate confirms Justice Handmaid One

SaysWho?

By SaysWho?
in The Political Re-Education Camp

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Not really important, but I’ve heard the McConnell scheme of denying confirmations to an opposition president and then filling seats when his party has the White House as “Court Stacking” and I kinda like it.

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b_m_b_m_b_m

b_m_b_m_b_m

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4 minutes ago, sblfilms said:

Not really important, but I’ve heard the McConnell scheme of denying confirmations to an opposition president and then filling seats when his party has the White House as “Court Stacking” and I kinda like it.

I'm not disagreeing but to be fair, it wasn't just Mitch! It was Republicans like Ron johnson, Cruz, etc who wouldn't sign their blue slips back when Dems had the Senate so that appeals and circuit court judges seats were unfilled until trump took over, a norm that was not given to the democrats when the shoe was on the other foot.

 

These people are playing Calvinball with norms to achieve their ideological goal: an explicitly conservative tribunal of last resort with lifetime appointments so they can make the hard decisions of striking down popular but un-"conservative" positions like environmental regulations and laws(specifically but not exclusively), medicare and social security, the right to choose generally, protection for pre-existing conditions, etc.

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finaljedi

finaljedi

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20 hours ago, Jason said:

 

 

I get tired of people bitching about ageism.  At some point you really shouldn't have a ton of responsibility over other people.  After 65 or 70 you've definitely lost a step and are probably having a hard time keeping up with today, and I really think there needs to be an age cap of 70 for all government positions, elected or not.

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b_m_b_m_b_m

b_m_b_m_b_m

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18 minutes ago, finaljedi said:

 

I get tired of people bitching about ageism.  At some point you really shouldn't have a ton of responsibility over other people.  After 65 or 70 you've definitely lost a step and are probably having a hard time keeping up with today, and I really think there needs to be an age cap of 70 for all government positions, elected or not.

@CitizenVectrondoesnt canada have an age 75 limit for judges, but otherwise it's a lifetime appointment?

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osxmatt

osxmatt

Posted
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2 hours ago, sblfilms said:

Not really important, but I’ve heard the McConnell scheme of denying confirmations to an opposition president and then filling seats when his party has the White House as “Court Stacking” and I kinda like it.


I think it’s incredibly important. It’s how Biden and Democratic leaders should pivot on the question of court packing, every time.

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Dodger

Dodger

Posted
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3 hours ago, finaljedi said:

 

I get tired of people bitching about ageism.  At some point you really shouldn't have a ton of responsibility over other people.  After 65 or 70 you've definitely lost a step and are probably having a hard time keeping up with today, and I really think there needs to be an age cap of 70 for all government positions, elected or not.


 

I’m instituting a new rule after this election. I’m not voting for anyone 70+. I’d even prefer to not vote for anyone 60+.

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Jason

Jason

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1 minute ago, b_m_b_m_b_m said:

Or kennedy, a republican, wanted to have his successor chosen by a republican president and confirmed byaa republican Senate. That's why he retired before the midterms just in case!

 

Yes but either way we have 7, not 6, under president Hillary. :p

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CitizenVectron

CitizenVectron

Posted
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5 hours ago, b_m_b_m_b_m said:

@CitizenVectrondoesnt canada have an age 75 limit for judges, but otherwise it's a lifetime appointment?

 

Correct. Federal judges must retire at 75, and some provinces have a limit of 70 for provincial courts. However, judicial appointments here are far less partisan to begin with (and none are elected), and the nomination process is typically handled by legal/scholar groups separate from the government. So the Prime Minister will typically give general advice on what they are looking for (and there are rules on the composition of certain federal courts, such as having representation from both common law and civil courts), for example you want at least one expert on maritime law, someone who knows something about criminal matters, some who have been prosecutors, some who have been professors, etc. So the PM says what they want, the nomination group finds people willing, suggests a handful who are qualified, and the PM selects their choice.

 

There is obviously an element of ideology (Liberal PMs will choose someone who has ruled more progressively, etc), but the people who are recommended tend to all be pragmatic nominations who are highly respected. Canada's legal community also tends to be quite a bit more liberal to begin with compared to the US.

 

There is rarely any contention at all. In fact, the only I am aware of was when Stephen Harper tried to do an end-run around the process, making requests that (as it turns on in retrospect) narrowed the field to guarantee one certain person made the list (the person was highly partisan, and conservative, no coincidence). However, once they were appointed, there was outcry within the legal community as they actually didn't meet the legal requirements set forth in the constitution. The person being appointed at that time had to be experienced in civil law from Quebec, but this person actually sat on a federal Quebec court, meaning they didn't meet the requirement (as I remember it). So there was a lawsuit, it went to the Supreme Court, and the court itself ruled that its newest member could not sit on the court (he of course recused himself in the vote). Stephen Harper then nominated a well-respected judge who, while conservative, was non-controversial.

 

So overall our system works quite well.

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