Justice Ruth Ginsburg hospitalized

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  • Cameramonkey

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    I still want to know why she thinks she has any say on McConnel's turf. That's mighty presumptuous of her to withhold the delivery until they play by the rules she dictates.

    Can you imagine the outrage if He or even Justice Roberts tried to dictate the rules of the impeachment process in her branch?

    And yes, the court should get involved. They should have been involved during the impeachment itself. We should be discussing the courts compelling witnesses at this time, not being done already.
     

    T.Lex

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    I still want to know why she thinks she has any say on McConnel's turf. That's mighty presumptuous of her to withhold the delivery until they play by the rules she dictates.

    She's Speaker of the House. It looks like she can use whatever reason she wants to avoid naming the impeachment managers.

    I think the most accurate way to describe this is that Trump has been impeached, but Pelosi is slow-walking the process of getting it to the Senate for trial.
     

    T.Lex

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    Ok.

    Check this out.

    In a twisted way - and totally reflective of the current state of political affairs in the US - the Senate has an option: amend the rules.

    Harry Reid used the nuclear option - a procedural way to negate the need for a super-majority (for instance, to end a filibuster or amend the rules) - for judicial appointments.

    Mitch McConnell could use it to amend the Senate rules to create a deadline for presentation of articles of impeachment to the Senate. Say that once articles are adopted, the House has 30 business days (which would be PLENTY of time) to appoint impeachment managers, or the Senate would take up the articles in the absence of such managers. Or just kill the articles of impeachment outright. Wait too long, automatic acquittal.

    Yes, yes, yes, something like that would certainly be turned the other direction at some point in the future.

    But, in 2020, hilarity would ensue.
     

    chipbennett

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    Ok.

    Apparently this is the source for the procedure, but doesn't really help.
    https://www.govinfo.gov/content/pkg/GPO-RIDDICK-1992/pdf/GPO-RIDDICK-1992-69.pdf



    So, the Speaker does appear to have some sort of pocket veto by not allowing the appointment of the impeachment managers.

    As I mentioned earlier, this is an area open to interpretation. This clause informs the Senate what it must do once it receives notice from the House. It does not inherently preclude the Senate from acting of its own volition prior to or without having received notice from the House.

    (If Pelosi and gang can play parliamentary games, so can I.)
     

    chipbennett

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    Ok.

    Check this out.

    In a twisted way - and totally reflective of the current state of political affairs in the US - the Senate has an option: amend the rules.

    Harry Reid used the nuclear option - a procedural way to negate the need for a super-majority (for instance, to end a filibuster or amend the rules) - for judicial appointments.

    Mitch McConnell could use it to amend the Senate rules to create a deadline for presentation of articles of impeachment to the Senate. Say that once articles are adopted, the House has 30 business days (which would be PLENTY of time) to appoint impeachment managers, or the Senate would take up the articles in the absence of such managers. Or just kill the articles of impeachment outright. Wait too long, automatic acquittal.

    Yes, yes, yes, something like that would certainly be turned the other direction at some point in the future.

    But, in 2020, hilarity would ensue.

    I have proposed the very same thing - though sometimes I forget if I wrote it here or on Twitter.

    The Senate has prerogative to amend its rules. McConnell can use the nuclear option for cloture on amending rules, enabling the Senate to take up impeachment without House involvement.
     

    T.Lex

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    As I mentioned earlier, this is an area open to interpretation. This clause informs the Senate what it must do once it receives notice from the House. It does not inherently preclude the Senate from acting of its own volition prior to or without having received notice from the House.

    Well, on its face, it does preclude the Senate from acting until the managers are appointed.

    (If Pelosi and gang can play parliamentary games, so can I.)

    Check out my amend-the-rules post. :D Wouldn't that be trippy!
     

    T.Lex

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    I have proposed the very same thing - though sometimes I forget if I wrote it here or on Twitter.

    The Senate has prerogative to amend its rules. McConnell can use the nuclear option for cloture on amending rules, enabling the Senate to take up impeachment without House involvement.

    Ah - you may have, in which case I re-invented the same wheel. I've skipped a metric shton of posts the last couple days.
     

    chipbennett

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    Well, on its face, it does preclude the Senate from acting until the managers are appointed.

    What precludes the Senate from reading past clauses 1 - 3, and jumping right to clause 4, which begins, "When the President of the United States or the Vice President of the United States, upon whom the powers and duties of the Office of President shall have devolved, shall be impeached..."?

    Check out my amend-the-rules post. :D Wouldn't that be trippy!

    What I'm suggesting as playing parliamentary games wouldn't even require a rules change; but, yes: changing the rules also remains a perfectly viable option.

    (Though, the delay benefits the Senate in myriad ways, so I doubt they'll do any of the above.)
     

    T.Lex

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    What precludes the Senate from reading past clauses 1 - 3, and jumping right to clause 4, which begins, "When the President of the United States or the Vice President of the United States, upon whom the powers and duties of the Office of President shall have devolved, shall be impeached..."?

    Its a holy hand grenade of Antioch thing.

    You can't get to 4 unless you start at 1. :)
     

    DoggyDaddy

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    DoggyDaddy

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    Im just going by what the Constitution says. :dunno:
    The Constitution seems to be ambiguous on the subject since as others have said, we're in new territory. To me it's kind of like a receiver trying to hang on to a pass before he goes out of bounds. If he's still bobbling it when he goes out, even though he eventually gains control, it's not a completed pass. Until the articles (and managers) are sent to the Senate, it's not a "completion". Right now, they're still "bobbling". And the sideline is getting close.
     

    HoughMade

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    Um...who cares?

    He won't be convicted. Everything else is game playing and semantics.

    Let's bring this thing in for a landing and move on.
     

    Leadeye

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    The why is a more interesting question than the how with this. After all of what has been done why stop now?
     

    Morgan88

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    This is great!

    john mccain is a great example of staying in a position of power, screwing america until the bitter end.




     

    PistolBob

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    After the President is re-elected in November, it is likely he will be naming maybe two more justices to SCOTUS...if Pelosi drops dead from natural causes (botox or old age) I wonder who the socialists will choose for a new speaker and if that person will get the Articles of Impeachment over to the Senate so they can acquit post haste....stay tuned.
     

    Cameramonkey

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    After the President is re-elected in November, it is likely he will be naming maybe two more justices to SCOTUS...if Pelosi drops dead from natural causes (botox or old age) I wonder who the socialists will choose for a new speaker and if that person will get the Articles of Impeachment over to the Senate so they can acquit post haste....stay tuned.


    She has had so much work done they'll be able to do a Weekend at Pelosi's for YEARS before anyone notices. "Hey, anyone notice Pelosi hasnt given a speech in forever? "
     
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