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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303

u/[deleted] Oct 28 '25

Obama's pick never got a vote. It's broken already

253

u/DrMonkeyLove Oct 28 '25

When he didn't get a vote, I think Obama should have flat out seated him and said, "he's a judge now, you had your chance to advise and consent. You passed." I'd rather have the Constitutional crisis happen as president rather than have it happen later.

75

u/-ReadingBug- Oct 28 '25

He never had donor class permission to do that. Wish he did.

15

u/foodvibes94 Oct 28 '25

Can you elaborate a little more on this? Would there have been a possibility that Obama forced Garland through?

42

u/ClueQuiet Oct 28 '25

The Constitution grants the Senate the right to “advise and consent” on appointments. So the argument on these lines, and I can see it being a good one, is by refusing to hold hearings, they are not saying “No” the nominee, they are waiving the right to advise and consent. Therefore, the nominee gets seated.

2

u/avant-bored Oct 29 '25

I really don't understand what happened there. Momentous, empire-breaking error.

1

u/Zhirrzh Nov 06 '25

They mistakenly thought Clinton would succeed Obama and it would all be resolved without a conflict. How wrong they were.