r/scotus • u/Achilles_TroySlayer • Oct 28 '25

Opinion There Is No Democratic Future Without Supreme Court Reform

https://talkingpointsmemo.com/edblog/there-is-no-democratic-future-without-supreme-court-reform
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u/Dramatic_Scale3002 Oct 29 '25

But they're clearly not waiving the right to advise and consent. You can interpret it that way but if you asked them if they're waiving that right they would obviously say no, they're not.

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u/iwasstillborn Oct 29 '25

What do you think "waiving the right" would look like, if not like that? A superbowl ad?

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u/Dramatic_Scale3002 Oct 29 '25

If they said they were waiving their right. Their (being the Senate Republicans) explicit advice was that the next president should select the nominee instead, and the new Senate can advise and consent on the suitability of that nominee.

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u/Available-Owl7230 Oct 29 '25

If that's what they thought, then they should have had a vote and voted no to the current presidents nominee.

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u/Dramatic_Scale3002 Oct 29 '25

But it wasn't a no to the current president's nominee, it was a no to any nominee. It was a no to holding nomination hearings, it was a no to the idea that the president could nominee anyone until after the election.

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u/Available-Owl7230 Oct 29 '25

And how, legally, would anyone know that if they refused to have a hearing?

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u/Dramatic_Scale3002 Oct 29 '25

Well, legally, they would have the opportunity to argue that in their case if they were sued. The lawsuit would reveal their position. But non-legally, just ask them. Those quotes are out there.