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	Comments on: Today&#8217;s not-that-big SCOTUS nomination story	</title>
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	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: Hugo S Cunningham		</title>
		<link>https://www.overlawyered.com/2016/03/the-not-that-big-scotus-nomination-story/comment-page-1/#comment-334382</link>

		<dc:creator><![CDATA[Hugo S Cunningham]]></dc:creator>
		<pubDate>Sat, 19 Mar 2016 12:20:23 +0000</pubDate>
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					<description><![CDATA[@Dan--

Your scenario only makes sense if the Democrats also take the Senate (a roughly 50% possibility).  Otherwise, the newly affirmed Republican majority could say their mandate is as good as Hillary&#039;s.  That would be especially true if Trump and a third-party conservative candidate got a combined popular vote total higher than Hillary&#039;s.  (This scenario might be the only way the Republicans *can* keep the Senate.)

Question for a legal expert:  is the President&#039;s power to withdraw a nomination immediate and absolute, or could the Senate vote to confirm a willing nominee if they did so quickly?]]></description>
			<content:encoded><![CDATA[<p>@Dan&#8211;</p>
<p>Your scenario only makes sense if the Democrats also take the Senate (a roughly 50% possibility).  Otherwise, the newly affirmed Republican majority could say their mandate is as good as Hillary&#8217;s.  That would be especially true if Trump and a third-party conservative candidate got a combined popular vote total higher than Hillary&#8217;s.  (This scenario might be the only way the Republicans *can* keep the Senate.)</p>
<p>Question for a legal expert:  is the President&#8217;s power to withdraw a nomination immediate and absolute, or could the Senate vote to confirm a willing nominee if they did so quickly?</p>
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		<title>
		By: Dan		</title>
		<link>https://www.overlawyered.com/2016/03/the-not-that-big-scotus-nomination-story/comment-page-1/#comment-334371</link>

		<dc:creator><![CDATA[Dan]]></dc:creator>
		<pubDate>Sat, 19 Mar 2016 05:57:46 +0000</pubDate>
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					<description><![CDATA[I think the end play for Obama is to pull his nomination as soon as it becomes clear Hillary has won. This will deny the GOP of a moderate they could have tolerated and it allows Hillary the chance to put a more liberal leaning SCOTUS. The GOP can&#039;t stall for eight years and by then, she may get a shot at one or two more. Make them look stupid and get what they want. Win. That&#039;s what you get for being seditious not doing your job.]]></description>
			<content:encoded><![CDATA[<p>I think the end play for Obama is to pull his nomination as soon as it becomes clear Hillary has won. This will deny the GOP of a moderate they could have tolerated and it allows Hillary the chance to put a more liberal leaning SCOTUS. The GOP can&#8217;t stall for eight years and by then, she may get a shot at one or two more. Make them look stupid and get what they want. Win. That&#8217;s what you get for being seditious not doing your job.</p>
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		<title>
		By: Confirmation? Obama&#039;s own Alito stance has lit the way - Overlawyered		</title>
		<link>https://www.overlawyered.com/2016/03/the-not-that-big-scotus-nomination-story/comment-page-1/#comment-334293</link>

		<dc:creator><![CDATA[Confirmation? Obama&#039;s own Alito stance has lit the way - Overlawyered]]></dc:creator>
		<pubDate>Thu, 17 Mar 2016 04:45:44 +0000</pubDate>
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					<description><![CDATA[[&#8230;] addition to the links yesterday on the nomination of D.C. Circuit Chief Judge Merrick Garland to the vacancy on the Supreme Court, [&#8230;]]]></description>
			<content:encoded><![CDATA[<p>[&#8230;] addition to the links yesterday on the nomination of D.C. Circuit Chief Judge Merrick Garland to the vacancy on the Supreme Court, [&#8230;]</p>
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		<title>
		By: Wfjag		</title>
		<link>https://www.overlawyered.com/2016/03/the-not-that-big-scotus-nomination-story/comment-page-1/#comment-334267</link>

		<dc:creator><![CDATA[Wfjag]]></dc:creator>
		<pubDate>Wed, 16 Mar 2016 18:26:18 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=58107#comment-334267</guid>

					<description><![CDATA[Sen McConnell - assuming he wants to remain Majority Leader - should schedule the vote for the 2d week of November.

If Hillary wins, vote to confirm since he&#039;d be better than anyone she will nominate. If the Republican candidate wins, vote not to confirm and await a better nominee.

Meanwhile, an issue that could get people out to vote for incumbent Republican Senators is created -- Do you want Dem Justices deciding on Hillary&#039;s criminal case? It&#039;s a reworking of the Watergate- Nixon case - with the added bonus of providing a reason to discuss Hillary&#039;s firing by the Watergate Committee for ethical violations.

Or, McConnell can sit on it and give the Dems another &quot;Party of &#039;No&#039;&quot; campaign slogan.]]></description>
			<content:encoded><![CDATA[<p>Sen McConnell &#8211; assuming he wants to remain Majority Leader &#8211; should schedule the vote for the 2d week of November.</p>
<p>If Hillary wins, vote to confirm since he&#8217;d be better than anyone she will nominate. If the Republican candidate wins, vote not to confirm and await a better nominee.</p>
<p>Meanwhile, an issue that could get people out to vote for incumbent Republican Senators is created &#8212; Do you want Dem Justices deciding on Hillary&#8217;s criminal case? It&#8217;s a reworking of the Watergate- Nixon case &#8211; with the added bonus of providing a reason to discuss Hillary&#8217;s firing by the Watergate Committee for ethical violations.</p>
<p>Or, McConnell can sit on it and give the Dems another &#8220;Party of &#8216;No'&#8221; campaign slogan.</p>
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