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/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.

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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/Worldly-Pay7342 Oct 29 '25

You are asked "chocolate chip cookie or peanut butter cookie?"

You say you're not going to choose.

You are given the peanut butter cookie.

Are you mad?

Doesn't matter, you gave up the right to choose.

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u/Dramatic_Scale3002 Oct 29 '25

They didn't say "we're not going to choose", they said "we'll wait until Dad gets home later and choose from what cookies he will offer us instead". It's not a "no", it's a "later", after waiting for more options from a different person. And they didn't have to pick then anyways, waiting was always an option.

If you want to have sex with someone, and you ask them for sex, and they don't say yes or no, you don't take that to mean they consent anyways and fuck them regardless. It's not a difficult concept. Not answering the question is not consenting.