Barack Obama appointed two justices to the United States Supreme Court, Elena Kagan and Sonya Sotomayor. But in some ways, it’s the justice he didn’t get confirmed who looms largest. When Justice Antonin Scalia unexpectedly died on a hunting trip at a Texas resort on February 13, 2016, Obama turned to the moderate D.C. Circuit Court Judge Merrick Garland, a pick believed to be acceptable to both sides.
Thank you for this very clear recitation of how we got here. The democratic process is alive and well and hopefully, these all important judicial appointments will be made.
I was unaware of the blue slip until you just explained it. Thank you for that lesson & for all that you do!!!! Policy progress might not be made in the next 2 years but at least judiciary confirmations will progress!!!
I'm going to confess, I can't help but hold out hope for the House. Even if Democrats don't retain control, having it come done to the wire is a victory for people who believe in democracy. I'm just sad about the large number of people who apparently don't.
That is a big No Sierra.... She comes from the Plattsburgh NY area just across the Lake from Vermont. They call it the North Country . It is amazing how intelligence drops when you take a 30 minute Ferry ride across Lake Champlain East to West!
You know, the Constitution allows for a Speaker of the House who isn't a member. We could put new tread on Newt the Indicted and see what his Contract on America 2.0 brings up.
Don’t forget the clear fracturing of Madison’s Bane, political parties dominating the Legislature. This has been decided, no matter what the final vote is. When the Party system falls, meritocracy flourishes and the individual Representative is free from mob rule. If a Republican majority speaker tries to enforce obedience, it will be feeble at best. If the nuts try to force a Speaker to agree to impeach Biden, I could see 5% of the Republican House vote with their feet in disgust, and resign from the Party, even becoming Democrats. If ten or so leave, a majority melts.
We should all celebrate and immediately turn to the task of stamping out autocracy, ensure the right to vote, expand women’s rights saul to men and gun procurement rules update.
This is NOT over. We have many election deniers in office. Desantis, Abbott, Sanders, etc. Thet may not wave the bloody shirt but they are stained with Christian Nationalistic Autocracy.
Georgia, we need you to elect Warnock on December 6th.
We need to neutralize the arrogance of Manchin and Sinema.
“For all those whose cares have been our concern, the work goes on, the cause endures, the hope still lives, and the dream shall never die.”- Ted Kennedy.
The quote applies here. We cannot stop, cannot rest and cannot give ground.
Keep moving forward and take back what is ours.
Alito laughing, Barrett joking about us will not stop.
I have been thinking the same today. We just took our first, of many I hope, steps toward taking back in real time what they took years to plan and carry out. We need to keep our feet on the accelerator.
This is an excellent read. You and your “Sisters” should form a group to see that this advice is acted upon. Thank you so much for educating all of us about the intricacies of the court system. Our vote affects so many areas of government that we are not aware of. Long live our Democracy; we fought for it and want to keep it.
Thank you for the update on the judiciary. I wasn’t sure how many vacancies Biden had available. It is so important to get some judges who are not partisan on the bench. I really hope they ditch the blue slip. After McConnell’s back door power grab with Barrett, they don’t deserve to get the privilege of a blue slip. They have clearly shown they don’t intend to use it as intended.
They are enjoying the freezing cold weather a lot more than I am. I just spent ten minutes running around, trying to convince Butter and Scotch to go back into their run. They thought the chase was very fun, but I was just cold!
You never warmed up because the distance and time running were too short. Can you train Butter and Scotch to run away from you for longer? ☺️ (For the average person, the clothing needed to stay warm sitting in a 70°F room is the same as needed to stay warm running outdoors in 28°F.)
- Your appreciative reader with the friend whose first two chickens were named Sam 'n' Ella
Wow! I knew much of what took us from Garland to Kavanaugh
and then Barrett. I did not know about blue slips or how misused and unseemly the actions of McConnell were. The Federalist Society has long been concerning, but the mean petty even hateful behavior at their most recent meeting is not only destructive but juvenile. This all makes me even more relieved that we maintain control in the Senate. Thank you once again for showing us what goes on behind the curtain.
Thank you - a clear and timely reminder of the judicial undercurrent of the mid-term elections. Every election matters, and hopefully folks will remember over time that the implications go far beyond the top layer of which party can push through legislation.
Important information you laid out in this piece Joyce, it seems to me the Democrats and President Biden in particular need to remove any and all obstacles that would prevent the swift smooth confirmation of his Judicial Nominees..This blue slip practice may need to go the way of the filibuster and no longer play a role in this process..It also occurs to me that life tenure for a Justice or Judge is not the benefit to the country as was once thought..I see nothing in the Constitution that provides for it..a term limit law should be passed to protect the country against a court like we currently have..
I would not object to the law having a retroactive mechanism in it..To help even things out.. In addition, in the furtherance of even, perhaps a way to keep the court from becoming too liberal or conservative..We are a country of various beliefs that deserve equal protection and representation. We are living the dangers in real time of a court out of touch with the American people, too heavy to one side..
I also had never heard of the “blue slip” unbelievable how something that originated to mean one thing changed so much over the years. A curtesy changed to a power play.
And McConnell don’t even get me started on him. I would not know where to stop.
Also-trash bag the phony filibuster. Make them stand in the well if they want to filibuster. Now, they just submit a card to the Majority Leader which stops the bill from proceeding unless a cloture vote passes.
Wow JV has done it again! Helped us make sense of this current mess. May every senator who blocked Garland, and shoved ACB down our aghast throats, suffer in a dark purgatory.
And yet Joyce’s explanation of what all Biden can now do is exceedingly hopeful.
Whew. It’s been a squeaker, folks! But Democracy is still breathing. ❤️
I punched the heart icon for "Like," because you have, as usual, walked us through this bit of judicial history concisely, thoroughly, and clearly. But I wanted to post a weeping icon, as I remembered so clearly that history.
This is great news!! I wonder why this wasn’t discussed more in the run up to the midterms? I certainly wasn’t tracking this as one of the terrible potential outcomes (non-lawyer fan here), tho it is logical now that you’ve spelled it out. Also, why are the Democrats doing such a bad job trumpeting the number of federal judges appointed? And why so lackluster with messaging in general?
Fingers crossed that Boebert loses her seat! I’m in WA and was delighted to see Joe Kent lose—maybe that’ll be disincentive for running extremists in primaries. And yay for Kim Schrier for keeping her seat! The path to keeping the House is narrow indeed, but I’m remaining hopeful.
Thanks as always for your clear and insightful analysis.
OMG—that made me cry and also feel so hopeful! He was so reasonable, calm, and kind. Wow. Thank you so much for posting—I’ve shared with a bunch of folks, and am off to donate.
Thank you for this very clear recitation of how we got here. The democratic process is alive and well and hopefully, these all important judicial appointments will be made.
I'm glad it was helpful, but shouldn't you be knitting?
I’m a very versatile woman. I have been doing both! Knitting was a great salve while watching the returns :)
I was knitting too. But, it wasn’t a good time to do 2-color brioche.
Did you have to do repairs?
Ugh, I truly hate brioche repairs.
I ended up ripping out inches.
I will have to do some ripping out.
I was unaware of the blue slip until you just explained it. Thank you for that lesson & for all that you do!!!! Policy progress might not be made in the next 2 years but at least judiciary confirmations will progress!!!
I'm going to confess, I can't help but hold out hope for the House. Even if Democrats don't retain control, having it come done to the wire is a victory for people who believe in democracy. I'm just sad about the large number of people who apparently don't.
Hopefully s Republican House would self destruct and McCarthy and Stefanic will lose their self serving dreams
Stefanik as Speaker would be a bigger joke than Bakersfield's Finest in the position.
That is a big No Sierra.... She comes from the Plattsburgh NY area just across the Lake from Vermont. They call it the North Country . It is amazing how intelligence drops when you take a 30 minute Ferry ride across Lake Champlain East to West!
Bakersfield turned out some great country singers like Buck and Dwight and the world's best Merle who was from nearby Oilville!
Proof one should stick to what they do best.
You know, the Constitution allows for a Speaker of the House who isn't a member. We could put new tread on Newt the Indicted and see what his Contract on America 2.0 brings up.
Don’t forget the clear fracturing of Madison’s Bane, political parties dominating the Legislature. This has been decided, no matter what the final vote is. When the Party system falls, meritocracy flourishes and the individual Representative is free from mob rule. If a Republican majority speaker tries to enforce obedience, it will be feeble at best. If the nuts try to force a Speaker to agree to impeach Biden, I could see 5% of the Republican House vote with their feet in disgust, and resign from the Party, even becoming Democrats. If ten or so leave, a majority melts.
I want the house. I’m greedy for the return of Democratic rule. Do you still dye yarn? Are you knitting?
I concur Joyce. The blue slip has to go. I'm so sick of the GOP obstruction on everything.
We should all celebrate and immediately turn to the task of stamping out autocracy, ensure the right to vote, expand women’s rights saul to men and gun procurement rules update.
This is NOT over. We have many election deniers in office. Desantis, Abbott, Sanders, etc. Thet may not wave the bloody shirt but they are stained with Christian Nationalistic Autocracy.
Georgia, we need you to elect Warnock on December 6th.
We need to neutralize the arrogance of Manchin and Sinema.
“For all those whose cares have been our concern, the work goes on, the cause endures, the hope still lives, and the dream shall never die.”- Ted Kennedy.
The quote applies here. We cannot stop, cannot rest and cannot give ground.
Keep moving forward and take back what is ours.
Alito laughing, Barrett joking about us will not stop.
Thanks for all that you do.
I agree with you wholeheartedly. We must do what the religious right has been doing all these years, and keep pushing back hard!
BTW, lots of postcard-writing going on for Warnock. Get names/scripts from Tony the Democrat and Activate America.vote
Warnock postcarding...Done!
I have been thinking the same today. We just took our first, of many I hope, steps toward taking back in real time what they took years to plan and carry out. We need to keep our feet on the accelerator.
We really do need Warnock.
Sanders?
Sarah Huckabee Sanders - R, Arkansas Governor winner-Midterms
This is an excellent read. You and your “Sisters” should form a group to see that this advice is acted upon. Thank you so much for educating all of us about the intricacies of the court system. Our vote affects so many areas of government that we are not aware of. Long live our Democracy; we fought for it and want to keep it.
Thank you for the update on the judiciary. I wasn’t sure how many vacancies Biden had available. It is so important to get some judges who are not partisan on the bench. I really hope they ditch the blue slip. After McConnell’s back door power grab with Barrett, they don’t deserve to get the privilege of a blue slip. They have clearly shown they don’t intend to use it as intended.
Joyce,
YOU hit the nail, again! Well, stated. Many thanks for your wise words. Many are counting on you.
And, how are the chicks?
They are enjoying the freezing cold weather a lot more than I am. I just spent ten minutes running around, trying to convince Butter and Scotch to go back into their run. They thought the chase was very fun, but I was just cold!
You never warmed up because the distance and time running were too short. Can you train Butter and Scotch to run away from you for longer? ☺️ (For the average person, the clothing needed to stay warm sitting in a 70°F room is the same as needed to stay warm running outdoors in 28°F.)
- Your appreciative reader with the friend whose first two chickens were named Sam 'n' Ella
haha! Sam and Ella! Love it (but not the bacteria.)
Yep. And he's an infectious diseases MD. Thus the poignant pun, which he painted on the door of the chicken coop!
😀
Wow! I knew much of what took us from Garland to Kavanaugh
and then Barrett. I did not know about blue slips or how misused and unseemly the actions of McConnell were. The Federalist Society has long been concerning, but the mean petty even hateful behavior at their most recent meeting is not only destructive but juvenile. This all makes me even more relieved that we maintain control in the Senate. Thank you once again for showing us what goes on behind the curtain.
The House is an undetermined situation so far.
Thank you - a clear and timely reminder of the judicial undercurrent of the mid-term elections. Every election matters, and hopefully folks will remember over time that the implications go far beyond the top layer of which party can push through legislation.
Important information you laid out in this piece Joyce, it seems to me the Democrats and President Biden in particular need to remove any and all obstacles that would prevent the swift smooth confirmation of his Judicial Nominees..This blue slip practice may need to go the way of the filibuster and no longer play a role in this process..It also occurs to me that life tenure for a Justice or Judge is not the benefit to the country as was once thought..I see nothing in the Constitution that provides for it..a term limit law should be passed to protect the country against a court like we currently have..
Remember, also, that life expectancy was not as long as it is now.
Yes, that's right..Then if one made it to 40 it would be what 100 is today..You make a very important point!
I would not object to the law having a retroactive mechanism in it..To help even things out.. In addition, in the furtherance of even, perhaps a way to keep the court from becoming too liberal or conservative..We are a country of various beliefs that deserve equal protection and representation. We are living the dangers in real time of a court out of touch with the American people, too heavy to one side..
I also had never heard of the “blue slip” unbelievable how something that originated to mean one thing changed so much over the years. A curtesy changed to a power play.
And McConnell don’t even get me started on him. I would not know where to stop.
Also-trash bag the phony filibuster. Make them stand in the well if they want to filibuster. Now, they just submit a card to the Majority Leader which stops the bill from proceeding unless a cloture vote passes.
😁
Wow JV has done it again! Helped us make sense of this current mess. May every senator who blocked Garland, and shoved ACB down our aghast throats, suffer in a dark purgatory.
And yet Joyce’s explanation of what all Biden can now do is exceedingly hopeful.
Whew. It’s been a squeaker, folks! But Democracy is still breathing. ❤️
I punched the heart icon for "Like," because you have, as usual, walked us through this bit of judicial history concisely, thoroughly, and clearly. But I wanted to post a weeping icon, as I remembered so clearly that history.
This is great news!! I wonder why this wasn’t discussed more in the run up to the midterms? I certainly wasn’t tracking this as one of the terrible potential outcomes (non-lawyer fan here), tho it is logical now that you’ve spelled it out. Also, why are the Democrats doing such a bad job trumpeting the number of federal judges appointed? And why so lackluster with messaging in general?
Fingers crossed that Boebert loses her seat! I’m in WA and was delighted to see Joe Kent lose—maybe that’ll be disincentive for running extremists in primaries. And yay for Kim Schrier for keeping her seat! The path to keeping the House is narrow indeed, but I’m remaining hopeful.
Thanks as always for your clear and insightful analysis.
https://youtu.be/FFZ1EtrFhnQ
Recent info on Boebert race.
OMG—that made me cry and also feel so hopeful! He was so reasonable, calm, and kind. Wow. Thank you so much for posting—I’ve shared with a bunch of folks, and am off to donate.
Very cool. So happy you feel better. There is still hope for dems in that race.
Thank you for the link. I donated to his campaign but did not know what a great candidate Mr. Frisch was.
It's time to end life tenure for these people. Give them a 14 year term and mandatory retirement at 65.
And a code of ethics at the Un-Supreme Court.
And expand the seats to 13, aligned with the 13 circuit courts.
TC, I agree.
Biden should fill all the judicial vacancies ASAP.
And Garland should accelerate to light speed the prosecution of the deranged Spectre of MAG-A-Loco.