Author Topic: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices  (Read 16170 times)

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Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« on: October 26, 2016, 10:43:26 pm »

Newsmax
Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
Wednesday, October 26, 2016 05:17 PM

By: Cathy Burke

Sen. Ted Cruz is reportedly suggesting Republicans, if they retain the majority in the upper house, could effectively shut down any nominees to the Supreme Court offered by Hillary Clinton if she's elected president.

Legal website LawNewz.com reported a tweet by Washington Post reporter Dave Weigel hinted at the Texas lawmaker's strategy.

Quote
Dave Weigel

@daveweigel

I asked Cruz if there should be votes on Clinton court nominees if GOP holds Senate. He said there's plenty of precedent for <9 justices.
1:34 PM - 26 Oct 2016

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Oceander

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #1 on: October 26, 2016, 10:48:37 pm »
Of course they could.  That is the prerogative of the Senate - provided you still control the Senate after the destruction wrought by Trump on the GOP.

HonestJohn

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #2 on: October 26, 2016, 11:33:27 pm »
Of course they could.  That is the prerogative of the Senate - provided you still control the Senate after the destruction wrought by Trump on the GOP.

Well, silence is consent in some aspects of the law.

So if the Senate doesn't hold hearings, then they consent.

The judge is seated on the Supreme court and they can file as many lawsuits as they'd like to the Supreme court about it.

The question is, after undermining the very existence of that court itself... will the court they undermined be willing to give their attackers a fair hearing?

---

It's a dangerous game the Senate is playing.
« Last Edit: October 26, 2016, 11:34:04 pm by HonestJohn »

Offline ABX

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #3 on: October 26, 2016, 11:36:33 pm »
That is correct. The Constitution does not have a provision for the number of SCOTUS judges sitting at any one time.
https://www.law.cornell.edu/constitution/articleiii

It may be a good point to hold on to no matter who is elected until we have someone with an actual Conservative or originalist backbone.

Remember, it was so-called Conservative judges who upheld Obamacare and gave us Roe v. Wade. The chance we would get any better from someone with no Conservative foundation and who promised to deal make with the Democrats is about the same as getting good judges with Hillary.

Offline DiogenesLamp

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #4 on: October 26, 2016, 11:41:29 pm »
Of course they could.  That is the prerogative of the Senate - provided you still control the Senate after the destruction wrought by Trump on the GOP.


We must get that finger pointing in,  mustn't we?   It's must obviously be the primary voters fault rather than that of the rump dissenters.   


Can't have a discussion on the merits of a point without making sure we point our fingers at those we wish to perceive to be at fault.   

Noooooooo!
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Offline DiogenesLamp

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #5 on: October 26, 2016, 11:43:35 pm »
Well, silence is consent in some aspects of the law.

So if the Senate doesn't hold hearings, then they consent.

The judge is seated on the Supreme court and they can file as many lawsuits as they'd like to the Supreme court about it.

The question is, after undermining the very existence of that court itself... will the court they undermined be willing to give their attackers a fair hearing?

---

It's a dangerous game the Senate is playing.


You are going to have to unwind that string of assumptions.   It's screwy.   The Constitution (regarding appointments) requires the consent of the Senate.   If the Senate does not give it,  the seat remains empty.   


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Offline sinkspur

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #6 on: October 26, 2016, 11:45:32 pm »
His fellow GOP Senators likely do not agree with him and, so, he loses again.
Roy Moore's "spiritual warfare" is driving past a junior high without stopping.

HonestJohn

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #7 on: October 26, 2016, 11:50:38 pm »

You are going to have to unwind that string of assumptions.   It's screwy.   The Constitution (regarding appointments) requires the consent of the Senate.   If the Senate does not give it,  the seat remains empty.

And if you say nothing to the new legal terms for your credit card, you can still use it.  Silence is consent to the changes.

I'm not saying it's firm ground, legally speaking.  There is just enough pretext to be believable, though.

And when the only form of protest is to the very group you have tried to destroy, well... you aren't going to get very far.

Which is why this is a dangerous game.  The only good outcome is to follow the established process without malice.  And the GOP doesn't want that.

Offline DiogenesLamp

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #8 on: October 27, 2016, 12:04:57 am »
And if you say nothing to the new legal terms for your credit card, you can still use it.  Silence is consent to the changes.


What,  are you advocating a "living constitution"  now?   Where do you get this liberal pseudo-legal technicality stuff?   

No.  Just no.  Ain't nobody gonna fall for that!   


I'm not saying it's firm ground, legally speaking.  There is just enough pretext to be believable, though.

And when the only form of protest is to the very group you have tried to destroy, well... you aren't going to get very far.


The Congress was intended to be a co-equal branch of government.   They don't have to accept anything the Supreme court says.   They can even impeach Supreme Court justices and overturn their rulings. 

They just never have the balls to do it. 


Which is why this is a dangerous game.  The only good outcome is to follow the established process without malice.  And the GOP doesn't want that.


A "dangerous game"  is letting another kook get on the court.   They could overturn the 2nd or 1rst amendments if they take a mind to do so.   

My friend,  we have crossed the Rubicon of raw partisanship decades ago.  (I vote 1992)  and now we are in the twilight zone of brass knuckles political fighting.    The Democrats have been doing it since at least Tip O'Neill,   and they do not give a flying f*** about  adhering to the spirit of the constitution or gentlemanly statesmanship.   

They want to win so they can retain their offices of power and high social status.    *WE*  whimpered and wringed our hands about the horrors of implementing the "Nuclear Option",  and Harry Reid immediately did it.  No soul searching on his part.  RAW POWER BABY!   

They use it when they have it,  we whine and whimper about how ungentlemanly it would be. 

The term "cuckolds"  has become common nowadays to describe our "representatives."   It was earned. 


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Offline bilo

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #9 on: October 27, 2016, 12:32:11 am »
This is just one more example of why I backed Sen Cruz. He thinks outside the box and is willing to fight for what he believes in. I'm sure a lot of establishment Pubs will undercut him without thinking through what he's saying. His point is brilliant from a negotiating perspective.

If the Senate Pubs had the courage to hang together they could demand a reasonable candidate, or let the seat stay vacant.
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Offline sinkspur

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #10 on: October 27, 2016, 12:37:57 am »
This is just one more example of why I backed Sen Cruz. He thinks outside the box and is willing to fight for what he believes in. I'm sure a lot of establishment Pubs will undercut him without thinking through what he's saying. His point is brilliant from a negotiating perspective.

If the Senate Pubs had the courage to hang together they could demand a reasonable candidate, or let the seat stay vacant.

This kind of grandstanding is the reason Cruz has no friends in the Senate. 

It has been customary for presidents to get their Supreme Court nominees. Yes, Bork was rejected, but nobody else has been.

This is one of the reasons Hillary will be elected.  That dumbassed Chaffetz has already come out and said there will be "non-stop" investigations of Hillary after she's elected.  Yeah, that's what everybody wants:  more investigations that go nowhere.
Roy Moore's "spiritual warfare" is driving past a junior high without stopping.

Offline skeeter

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #11 on: October 27, 2016, 12:40:54 am »
This is just one more example of why I backed Sen Cruz. He thinks outside the box and is willing to fight for what he believes in. I'm sure a lot of establishment Pubs will undercut him without thinking through what he's saying. His point is brilliant from a negotiating perspective.

If the Senate Pubs had the courage to hang together they could demand a reasonable candidate, or let the seat stay vacant.

They'll undercut Cruz because of what he's saying. He actually takes his roll as the opposition party seriously and the GOPe do not appreciate him screwing up their 'send me to Washington & I'll fight for conservatives' kabuki show.

Offline jmyrlefuller

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #12 on: October 27, 2016, 01:10:38 am »
This is just one more example of why I backed Sen Cruz. He thinks outside the box and is willing to fight for what he believes in. I'm sure a lot of establishment Pubs will undercut him without thinking through what he's saying. His point is brilliant from a negotiating perspective.

If the Senate Pubs had the courage to hang together they could demand a reasonable candidate, or let the seat stay vacant.
Ha. If you think the likes of Obama or Clinton would ever put forth a reasonable candidate, that is a delusion of the highest order. Trump will assassinate your character if you try and stand in the way of his candidate.

The GOP has a choice: let the Court fall to the left, or obstruct any nomination until someone we can trust can nominate a candidate.
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Offline GrouchoTex

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #13 on: October 27, 2016, 01:13:03 am »
This is just one more example of why I backed Sen Cruz. He thinks outside the box and is willing to fight for what he believes in. I'm sure a lot of establishment Pubs will undercut him without thinking through what he's saying. His point is brilliant from a negotiating perspective.

If the Senate Pubs had the courage to hang together they could demand a reasonable candidate, or let the seat stay vacant.

 :amen:

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #14 on: October 27, 2016, 01:26:15 am »
This kind of grandstanding is the reason Cruz has no friends in the Senate. 

It has been customary for presidents to get their Supreme Court nominees. Yes, Bork was rejected, but nobody else has been.

When one guy has the insight, integrity, and guts to suggest a fully-constitutional plan to protect the country against federal judicial tyranny but all the rest are signaling they'll go along with the tyranny, I call that one guy a leader, not a grandstander.  "Customary" deserves no deference when it is manifestly harming the nation, and I didn't vote for him to make friends in the Senate.
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Offline GrouchoTex

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #15 on: October 27, 2016, 01:33:49 am »
When one guy has the insight, integrity, and guts to suggest a fully-constitutional plan to protect the country against federal judicial tyranny but all the rest are signaling they'll go along with the tyranny, I call that one guy a leader, not a grandstander.  "Customary" deserves no deference when it is manifestly harming the nation, and I didn't vote for him to make friends in the Senate.

That deserves two:

 :amen: :amen:

We complain about leaders being all the same, the uniparty the establishment, or whatever label we put on it.
Along comes someone who actually stands up against this very thing, routinely, and gets maligned.
I agree, Cruz has millions of friends in Texas, and didn't need to go to D.C. To make 99 more.

Offline Weird Tolkienish Figure

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #16 on: October 27, 2016, 02:49:58 am »
Senators have a duty not to vote for activist judges, not just a right. They won't earn any friends in the press with this, but it's the right thing to do.


And unlike with the budget showdown, the government won't grind to a halt to piss the public off.

Offline libertybele

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #17 on: October 27, 2016, 03:23:37 am »
..."the purpose of the Constitution, as Thomas Jefferson put it, is to serve as chains to bind the mischief of government...imagine millions of courageous conservatives, all across America, rising up together to say in unison “we demand our liberty.”

Ted Cruz.  Reigniting the Promise of America.    :patriot:
« Last Edit: October 27, 2016, 03:29:50 am by libertybele »
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Offline Luis Gonzalez

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #18 on: October 27, 2016, 03:33:04 am »
Ted Cruz.  Reigniting the Promise of America.   :patriot:

Ted Cruz...

Isn't he supposed to be some Constitutional superhero or something?

The Judiciary Act of 1789 began the process of setting in place the required number of Justices in the Court. After many changes, Congress finally set the number of Justices to be seated at nine, via the Circuit Judges Act of 1869.

These were changes made to the Court by Congress, under their Necessary and Proper Clause powers.

Is Ted suggesting that we should undermine the Constitution and the powers of Congress under the Constitution?
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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #19 on: October 27, 2016, 03:40:01 am »
They'll undercut Cruz because of what he's saying. He actually takes his roll as the opposition party seriously and the GOPe do not appreciate him screwing up their 'send me to Washington & I'll fight for conservatives' kabuki show.

^^^This!!!

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #20 on: October 27, 2016, 03:43:25 am »

Is Ted suggesting that we should undermine the Constitution and the powers of Congress under the Constitution?

No I think what he is saying is there doesn't need to be a rush to approve someone for Scalia's spot when Congress meets again after the Nov.  election.

There was a suggestion the other day by IIRC Jeff Flake that Congress needs to go head and approve the nomination of that Judge that Obama put up to fill the vacancy.

He's telling them to slow their roll.  SCOTUS can hear cases with the 8 they have now and nominate someone for Scalias spot once the new President is sword in.
The libs/dems of today are the Quislings of former years. The cowards who would vote a fraud into office in exchange for handouts from the devil.

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THE ESTABLISHMENT IS THE PROBLEM...NOT THE SOLUTION

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Offline Luis Gonzalez

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #21 on: October 27, 2016, 03:47:36 am »
No I think what he is saying is there doesn't need to be a rush to approve someone for Scalia's spot when Congress meets again after the Nov.  election.

There was a suggestion the other day by IIRC Jeff Flake that Congress needs to go head and approve the nomination of that Judge that Obama put up to fill the vacancy.

He's telling them to slow their roll.  SCOTUS can hear cases with the 8 they have now and nominate someone for Scalias spot once the new President is sword in.

No, he reportedly said that we (a GOP-controlled Senate) could block all of Hillary's appointments and let the Court stay at less than what the Circuit Judges Act of 1869 says it should be set at.

That's four years of less than the required number of Justices. That is undermining the power of Congress to set the number of required Justices in the name of politics.
« Last Edit: October 27, 2016, 03:50:10 am by Luis Gonzalez »
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Offline txradioguy

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #22 on: October 27, 2016, 03:51:40 am »
No, he reportedly said that we (a GOP-controlled Senate) could block all of Hillary's appointments and let the Court stay at less than what the Circuit Judges Act of 1869 says it should be set at.

That's four years of less than the required number of Justices. That is undermining the power of Congress to set the number of required Justices in the name of politics.

At the end of the day though it's not really his call.  It would be up to the Kentucky Turtle to allow a nomination to go through.

There hasn't been much outcry from either side so far with just 8 justices currently seated.  And in some instances....with some of the future cases coming up...8 justices with 4-4 decisions might be a good thing for Conservatives.  A tied court means the ruling by the lower court stands.

And in cases like the one filed by the AG of Texas over Obama's illegal immigration policies...the coming battle over Trannys' in bathrooms and a couple of other fights on the horizon...having to defer back to the lower court decision is a win for Conservatives trying to stave off further denigration of the Constitution at the hands of the Progressives.
« Last Edit: October 27, 2016, 03:54:32 am by txradioguy »
The libs/dems of today are the Quislings of former years. The cowards who would vote a fraud into office in exchange for handouts from the devil.

Here lies in honored glory an American soldier, known but to God

THE ESTABLISHMENT IS THE PROBLEM...NOT THE SOLUTION

Republicans Don't Need A Back Bench...They Need a BACKBONE!

Offline Luis Gonzalez

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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #23 on: October 27, 2016, 03:54:46 am »
At the end of the day though it's not really his call.  It would be up to the Kentucky Turtle to allow a nomination to go through.

There hasn't been much outcry from either side so far with just 8 justices currently seated.

There hasn't been much of an outcry because there is plenty of precedent on not confirming the appointment of a (basically) lame duck President. But if there is a concerted effort to not appoint anyone for the four years of the first Clinton term, there will be Hell to pay, specially if another Justice kicks it.

P.S. All moot since I don't expect that the GOP will hold the Senate.
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Re: Sen. Ted Cruz: Can Have Less Than 9 SCOTUS Justices
« Reply #24 on: October 27, 2016, 03:56:01 am »
There hasn't been much of an outcry because there is plenty of precedent on not confirming the appointment of a (basically) lame duck President. But if there is a concerted effort to not appoint anyone for the four years of the first Clinton term, there will be Hell to pay, specially if another Justice kicks it.

P.S. All moot since I don't expect that the GOP will hold the Senate.

I don't expect them to hold it either.

I went back and finished my thought on why 8 justices might be a good thing.
The libs/dems of today are the Quislings of former years. The cowards who would vote a fraud into office in exchange for handouts from the devil.

Here lies in honored glory an American soldier, known but to God

THE ESTABLISHMENT IS THE PROBLEM...NOT THE SOLUTION

Republicans Don't Need A Back Bench...They Need a BACKBONE!