Court pick could face filibuster over 'feelings'

[Old Coot]

Source: Associated Press

WASHINGTON – The Senate's No. 2 Republican on Sunday refused to rule out a filibuster if President Barack Obama seeks a Supreme Court justice who decides cases based on "emotions or feelings or preconceived ideas."

Sen. Jon Kyl made clear he would use the procedural delay if Obama follows through on his pledge to nominate someone who takes into account human suffering and employs empathy from the bench. The Arizona Republican acknowledged that his party likely does not have enough votes to sustain a filibuster, but he said nonetheless he would try to delay or derail the nomination if Obama ventures outside what Kyl called the mainstream.

"We will distinguish between a liberal judge on one side and one who doesn't decide cases on the merits but, rather, on the basis of his or her preconceived ideas," Kyl said.

The White House is preparing to announce Obama's pick to replace Justice David Souter, who plans to retire back to his beloved New Hampshire when the court's term ends. Sen. Dick Durbin of Illinois, the No. 2 Democrat in the Senate, said Sunday that he has been told a choice is likely to be announced this week. Those involved with Obama's decision hint that it could come as early as Tuesday.

Read more: http://news.yahoo.com/s/ap/20090524/ap_on_go_su_co/us_obama_supreme_court

[tsuki]

1. Up and down vote. No filibuster. nt

[Lochloosa]

2. ..

:thumbsup:

[Igel]

28. I love that expression.

Only those with a majority or near majority in the Senate ever use it, and when they do it's as though it's all they ever used.

Dems used it in the '90s, before they lost power. As soon as they lost power, of course, the idea of an up-or-down vote was anathema. The right of the minority to speak, to hold forth, to put holds on nominations, and to filibuster was essential in a free, democratic society.

Then again, repubs hated the idea, until they got power. As soon as they had a majority, well, it was up-or-down time.

Now that dems have power, of course, all the blather about how an up-or-down vote restricted the rights of the (dem) minority is out the window. Gotta be up-or-down, the right of the minority to speak, to hold forth, to put holds on nominations, and to filibuster is antithetical to a free, democratic society.

I'm glad I have a lousy sense of smell.

[msongs]

3. as other threads have said, even the mythical jesus would be fillibustered so might as well...

pick a real liberal from the git go.

Msongs

[madmom]

4. Yet they will rally behind a president who uses "gut" feelings for running/ruining our country.

[corpseratemedia]

5. feelings..nothing more than..feelings

trying to forget the..potential supreme court justice's..feelings of looooooove

[liberal N proud]

6. That would be classic and it would be the stake in the heart of

what remains of the republican party.

I hope they continue to play their childish bullshit.

[pattmarty]

7. Look, Bush picked TWO appointees to the court. AND, both were...........

........stone conservatives with Roberts being close to extreme. So I guess what I am saying is "fuck 'em". If Franken is seated by the time of the vote, this is just Republicans being fucking idiots.
Unless it's Karl Marx, pretty much any "liberal" will get confirmed.

[happygoluckytoyou]

8. NOMINATE THE CANDIDATE.... CALL THE BLUFF ! ! ! FORCE THE HAND ! ! ! GROW SOME NUTZ! ! !

[benld74]

9. ENUF of their BS! IF Slappy can sit on SCOTUS obama's candidate deserves as much

Shut em up. show sum cajones. take charge.

[MilesColtrane]

10. Yeah, we all know about how those women get their feelings in a knot.

:sarcasm:

Fuck this sexist piece of shit.

I've never heard ANY politician raise concerns about a a male judicial candidate's "emotions or feelings".

(BTW, I'm aware there's been no announcement yet, but Obama WILL pick a woman, and Republican Kyl knows it.)

[UpInArms]

11. and Kyl would know "mainstream" how?

these freaks just are so stuuuupiid

[The Hope Mobile]

12. Yeah, we wouldn't want a SCOTUS justice to let their feelings of

loyalty to party cloud their judgment . . . cough cough (Bush v Gore). That's what this boils down to. Freakin' hypocrites.
Obama's choice needs to be open to the letter of the law as well as (more than) the corporate rules. Souter was already that so what are they freaking out about. Its not like we're replacing Scalia or Thomas (I wish).

[high density]

13. Kyl wants robots on the court?

Every judge has preconceived ideas. That is why the court comes down with so many 5-4 decisions.

[earcandle]

14. Passion is one of the three offices of truth of Aristotle, the father of western thought

Passion is the ability to arouse or allay the emotions of an
audience.

Those damn pesky emotions are dangerous. They power
advertising and 
can cause the imagination to generate will. 

[ixion]

15. so, Mr. Kyl, how does this differ from * using his 'gut' and/or 'god'?

eh?

In fact, how does the idea of 'god' differ from a preconceived idea?

Answer: It does not. You are a hypocrite, sir.

[hangman86]

16. How the hell can you tell if a justice is acting on "feelings" or wisdom?

We have elected judges and lawyers who go as far as to say that torture, wiretapping, and taking away 1st amendment rights are perfectly within the limits of the law. Did they make these decisions based on reason?

[bemildred]

17. Then again, Kyl could be bullshitting. nt

[mr_liberal]

18. I'm ready to predict: Diane Wood.

The other leading contenders have... problems. Well, Kagan doesnt, but she just started as solicitor general. So I think he'll consider her for a later nomination.

Sotomayor has said something controversial about "legislating from the bench", and was a part of that controversial firefighter affirmative action case. That be a huge target for Republicans.

Wood is respected for her intellect and possibly being able to be a leader and create ... majorities. Plus it seems like Obama has tried to de-emphasize empathy and real world experience recently. He's changed empathy to mean pragmatic too, and thats what people seem to say Wood is.

Also Obama has mentioned wanting someone thats, what I took to mean, reasonable about business issues, not leftist. And thats what Ive heard Wood is.

[Pushed To The Left]

19. I guess all the "up-or-down" stuff the right wing was preaching in 2005 was bullshit.

Roberts and Alito should have been filibustered, but the right wing threatened the "nuclear option". How do they feel about the "nuclear option" now?

[Q3JR4]

20. Well, they were going to filibuster anyway,

is this reason any better than the others they would have inevitably come up with?

Q3JR4.
As leader of the Neutral Planet my gut says, "maybe."

[w4rma]

21. No women allowed? (nt)

[Odin2005]

22. That just about sums up Puke Corporatist thinking right there.

Feelings (like compassion) are bad, Greed is good.

Fuck you, Kyl!!!

[CreekDog]

23. And suddenly all these "moderates" who so worried that Bush's pick would be filibustered

will publicly hem and haw about whether they support this filibuster. :wtf: :eyes:

[No Elephants]

24. More BS. Repugs had promised to fillibuster well before Obama said anything about feelings.

Excuse du jour.

Government is broken.

[riderinthestorm]

25. Sounds pretty damn sexist to me. This is "code" for no women allowed in my "radical" feminist days

If they try to pull this shit, I say call em on it. I'm damn sure this is exactly what they intend - to dredge up antagonism towards Obama's near-certain pick of a woman cloaked in old stereotypical anti-female sentiment.

That's how Dems should fight back - that the Rethugs are simply anti-woman on the Court. It's how Kyl is framing it. If they're going to fight dirty, I say let em have it.

[struggle4progress]

26. Translation: "We will oppose whoever is nominated"

[GoldenOldie]

27. As a Zoni with Sen. Kyle my Rep, I am totally ashamed that he represents Arizona

All voters have to do is look at his voting record. He represents no one but himself. Hopefully, with Obama's appearance at ASU and his actions along with Napolitano taking charge of Homeland Security, Arizona voters will truly questions Kyle's representation. Kyle hasn't a clue as to who Obama with nominate for SC, but he has already proclaimed his opposition????