Why not let Obama put forth his choice and then make the argument that he has primarily made a political choice as they vote it down? That to me seems the best way to approach this issue. No way in hell he puts someone up for a vote that is anything near conservative, so what's to risk?Since Democrats have turned the Supreme Court into a political institution, and we want it to be a legal institution, why should we pretend to entertain President Obama’s nominee? If he blows us away by choosing someone in the Scalia mode, we can deal with it when and if the time comes (which it won’t).
Otherwise, let’s be real: The president will not endeavor to improve the quality of legal acumen on the bench; he is looking for someone who will vote the “right” way (meaning, the left way) on restrictions on guns, abortion, speech, campaign spending, work, and property rights; on “climate change”; on the primacy of international agreements over constitutional rights and limits; on the rights of aliens and criminals; on redistribution of wealth; etc.
Since we agree with neither these political positions nor the overarching politicization of the courts at the expense of popular sovereignty, why on earth would we enable the president to stack the court with another vote? Particularly when nothing in the Constitution requires it — just as nothing in the Constitution says there must be nine members of the Supreme Court?
Republicans are in a position of strength. Obama must come to them; they need not do anything. More than half the country disapproves of Obama’s governance, yet his goal here is to put an ideological fellow traveler on the court who would perpetuate his governance after he is gone. Why would Republicans ever agree to that?
We will have an election in November. Even before Justice Scalia’s tragic passing, it was clear that the direction of the Supreme Court and the federal judiciary was going to be a crucial issue. A vacancy on the Supreme Court only sharpens it, paving the way for the Republican nominee to make the case to voters that the GOP will find judges who will respect the right of the people to govern themselves, while the Democratic nominee will use the courts as an instrument to impose the Left’s unpopular policy preferences.
Read more at: http://www.nationalreview.com/article/431452/antonin-scalia-replacement-senate
http://www.slate.com/articles/news_...ice_kennedy_has_paved_the_way_for_the_re.html
I started to respond in specific detail, but I turned up this Slate article which already summarizes the complex path taken to get to the present fiasco. (Citizens was just the icing on the cake.) Citizens is a complex case that hinges critically on a tangled web of illogicality. The present political campaign funding fiasco, I believe, really had its roots in Buckley. (Buckley delineates, for the first time, between spending and contributions. You might have naively thought they were the same thing, as I once naively did.) And Buckley, which conflates spending with speech, leads ultimately to Citizens.
My view is that a fundamental error, an error on which almost all the chaos now rests, was made by the Court when it ruled in Buckley v. Valeo that individual spending limits imposed "substantial restraints on the quantity of political speech...", and therefore, by extension, certain kinds of spending is protected by the First Amendment. THAT is where I believe the problem lies. My view, in contradistinction to the Court's view, is that Spending is NOT speech. Spending in political campaigns, individual spending and contributions, both, should be restricted by statute, and such restriction should in no way constitute a violation of our First Amendment rights. The Court in Buckley, by the way, was OK with Contribution limits -- go figure!, but again, it's in Buckley where the Court separates "individual spending," where you decide how your "speech money" gets spent, from "contributions," where someone else decides. If none of this makes any sense at all to you, don't worry, that just means your sane...
Ingredients: 100% whole cloth.Since Democrats have turned the Supreme Court into a political institution

And of course suffer the political consequences.It is interesting to see the left flipping out over this when they setup the rules that actually allow McConnell to simply refuse to schedule a vote. It comes down to one guy and he sounds, for the moment, pretty damned resolute.
All he has to do is ignore all the yammering and simply refuse to schedule a vote. It really is that simple.
The democrats don't like their own rules and precedents being used against them. lol.
We won the Senate majority. Get over it.
Man I've been waiting awhile to say that.![]()
You and I might discuss this further. I would like to read the dissents in Citizens and Buckley first however. There has been a few cracks in the armor. Breyer, for one, has let it slip that the Court may have made a mistake. [Breyer is a personal hero of mine because in his dissent in Bush v. Gore he had it exactly right. The Constitution spells out specifically what is to happen if an election is contested and no one is sure who one. Breyer said the Court should have never taken the case! ]now you are making an interesting argument.