SCOTUS Brief 2/26/2016

Thiessen: How Joe Biden Killed John Robert’s Nomination in 1992 – Justice Breyer: Justice Scalia’s Passing Won’t Impact Most Votes – Politicians Are Racing to Get Off Obama’s Supreme Court List – WaPo: SCOTUS Nomination Poses Dilemma for Democrats

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1. Marc Thiessen writes in the Washington Post about how Joe Biden killed John Robert’s nomination to the DC Court of Appeals in 1992.

Thiessen: How Biden killed John Roberts’s nomination in 1992

“Biden refused to even hold a hearing on Roberts’s nomination, much less a vote in committee or on the Senate floor. Roberts’s nomination died in committee and was withdrawn on Oct. 8, 1992…Why? According to an article in Texas Lawyer magazine, cited in the CRS report, some of the ‘nominees reportedly fell victim to presidential election year politics, as Democrats hoped to preserve vacancies in expectation that their presidential candidate would win election.’”

2. NBC News’ Jon Schuppe writes that Justice Stephen Breyer doesn’t expect the passing of Justice Scalia to “drastically change the high court’s output.”

NBC News: Supreme Court’s Breyer Says Scalia’s Death Won’t Impact Most Votes

“Supreme Court Justice Stephen Breyer said Thursday that he doesn’t expect the death of Justice Antonin Scalia to drastically change the high court’s output, noting that only a small number of cases turn on a tie-breaking vote. ‘We’ll miss him, but we’ll do our work,’ said Breyer, who was close with Scalia despite often being on opposite ends of the jurisprudence spectrum…In his brief remarks on the subject, Breyer pointed out that, historically, half of the high court’s decisions are unanimous, and maybe 20 percent turn on a 5-4 vote. ‘For the most part, it will not change,’ he said.”

3. America Rising points out that politicians are racing to get off President Obama’s short list for the Supreme Court nomination.

America Rising: Politicians Are Racing Each Other To Get Off Obama’s Supreme Court Short List

Senator Cory Booker: “It’s incredibly flattering to be a U.S. senator, which I want to stay at for a long time,” he said. “It’s flattering to be talked about for anything, but I’ve got the best job. The best job I can dream of.”

California Attorney General Kamala Harris: “I’m not putting my name out there, I’m running for United States Senate,” Harris said during a campaign stop in Silicon Valley. “Let’s put that out there right now. That’s not where I’m headed.”

Senator Amy Klobuchar: “I won’t be, because I made it very clear that I love my job representing Minnesota. And I don’t want to be in the running for that job but I will tell you this — being on the Judiciary Committee right now couldn’t be more important,” the Democrat told CNN’s John Berman on ‘New Day.

Nevada Governor Brian Sandoval: In a statement, Sandoval said “earlier today I notified the White House that I do not wish to be considered at this time for possible nomination to the Supreme Court of the United States.”

4. Mike DeBonis writes in the Washington Post that the Supreme Court nominee poses a dilemma for Democrats.

Washington Post: Supreme Court nomination poses dilemma for Democrats

“The prospect of a revolt on the party’s left flank — coming amid a presidential campaign where former Secretary of State Hillary Clinton is being pilloried by Sen. Bernie Sanders (I-Vt.) for being insufficiently liberal — would pose a real threat to any White House strategy to get a moderate confirmed. Liberal activists are already moving to prevent a compromise nominee. One group, the Progressive Change Campaign Committee, said in a statement that any Democratic president ‘should appoint a nominee with a proven record in support of workers, women, minorities, and democracy issues — not someone with an unproven record or with a record provably tilted against workers and working families like Sandoval.’”