Sunday, February 21, 2016

The Supreme Court Nomination Conundrum. The Syrian Mess. Truman - Ford and Israel!

If Establishment Republicans allow Democrats, the likes of Reid, Schumer etc., to paint them into the obstructionist corner over Scalia's death and their desire to thwart an Obama radical appointment, then they are damn incompetent fools.

On the other hand, Sen.McConnell must be aware that a loss of the 2016 Presidential Election could also result in the loss of The Senate thus allowing the Democrats to appoint Scalia's successor.

Obama has every right to nominate a person of his choice and those who control the Senate have every right to consider and reject and/or approve.

They should not reject a truly qualified nominee who has the promise of being objective. They should allow an up or down vote.  If Obama nominates an objectionable candidate, rejection is the proper course and they must keep the ball rolling past the election and his leaving office.  This would mean a stalemated Supreme Court for what could be two years. (See 1 below.)
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Meanwhile, the Syrian mess. (See 2 below.)
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Holding the Senate?  (See 3 below.)
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I am reporting on Dennis Ross' book: "Doomed To Succeed" and have read through President Ford
and decided to review up to this period.(See 4 below.)
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Dick
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1)For those who think the Republicans are out of line on their stance to hold up approving an Obama nominee to succeed Justice Scalia, please read the editorial below which reminds us of the behavior of the Democratic Party not that long ago...


Greatest Democratic Judicial Hits

What Republicans learned from Harry Reid and Barack Obama.

Senate Minority Leader Harry Reid in Reno, Nevada on Feb. 17 where he spoke about the future of the Supreme Court.ENLARGE
Senate Minority Leader Harry Reid in Reno, Nevada on Feb. 17 where he spoke about the future of the Supreme Court. PHOTO: ASSOCIATED 
PRESS

Senate Democrats haven’t made much progress shaming Republicans into yielding on President Obama’s
upcoming Supreme Court nominee, and no wonder. As much as they’re trying, they can’t erase their own 
abusive history of double and sometimes triple standards in confirmation politics.
Earlier this week we chronicled New York Senator Chuck Schumer’s faked alibi for his categorical 2007 
demand that Democrats reject any George W. Bush nominee if a vacancy had emerged in his last 18 
months in office. But there is so much more to recall:
• When Democrats ran the Senate from June 2001 to January 2003, they denied even a hearing before the Judiciary Committee to 32 of Mr. Bush’s nominees. When Republicans regained a 51-49 majority in
the next Congress, Democrats broke the then-longstanding Senate norm of granting nominees an 
up-or-down vote. Before 2003, only one judicial nominee had been blocked with a filibuster, and that was
the bipartisan 1968 rebellion against promoting the ethically challenged Justice Abe Fortas to Chief 
Justice
.
Democrats applied the higher 60-vote standard to a rainbow coalition of Bush nominees, judging them not
by traditional measures like experience or temperament or even “diversity.” They simply didn’t like their 
politics.
The targets included Priscilla Owen (a woman), Janice Rogers Brown (a black woman) and Miguel Estrada
(a Hispanic). The 28-month Estrada filibuster was especially egregious because Democrats feared the 
smart young attorney’s ethnic background might make him formidable Supreme Court material if he served
on the D.C. Circuit Court of Appeals.
• When Mr. Bush nominated Samuel Alito to the High Court in 2005, Democrats attempted to give him the
same treatment. Some 25 Senators voted to support a filibuster, including Barack Obama, Joe Biden
Hillary ClintonHarry ReidJohn Kerry,Pat Leahy and Mr. Schumer.
White House spokesman Josh Earnest this week described Mr. Obama’s filibuster as merely a “symbolic 
vote” to protest Mr. Bush. He added that Mr. Obama “regrets the vote” because Democrats “shouldn’t have
looked for a way to just throw sand in the gears of the process. And, frankly, looking back on it, the 
President believes that he should have just followed his own advice and made a strong public case on the merits.” No doubt he does—now.
• After blockading Mr. Bush’s judicial slate, Mr. Reid as Senate Majority Leader changed the rules for Mr. Obama’s nominees on a partisan vote. Senate rules require a two-thirds vote to change its rules in 
mid-session, but in 2013 Mr. Reid forced through a change solely with a narrow Democratic majority.
This allowed him to trigger the “nuclear option” lowering the Senate threshold for appellate but not 
Supreme Court nominees to 51 from 60. The goal was to pack the D.C. Circuit with left-leaning judges 
who would bless Mr. Obama’s abuses of power, especially on health care and climate regulation. Mr. 
Obama was cheering him on all the way.
• Mr. Reid now argues that the Senate’s “constitutional duty” is to give nominees an up-or-down vote, but
in a May 2005 speech on Mr. Bush’s judges, he offered a different interpretation: “The duties of the 
Senate are set forth in the U.S. Constitution. Nowhere in that document does it say the Senate has a duty
to give Presidential appointees a vote. It says appointments shall be made with the advice and consent of 
the Senate. That is very different than saying every nominee receives a vote.”
It’s impossible to know what Mr. Reid really believes, because whatever he claims to believe at any 
moment is whatever will maximize his own political power. Mr. Obama does have the power under the Constitution to nominate a replacement for JusticeAntonin Scalia, but Senate Republicans also have the
 right to ignore it or vote to confirm or deny.
Republicans have no obligation to submit to Democratic judicial ultimatums, which change with the political seasons.
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2)

Another Step Toward Iran Détente

By JONATHAN S. TOBIN 

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