121

The situation is fairly complex so I'm not surprised it was confusing. Here's the general rundown (partially pulled from this article for brevity) Sometime in July, Ford (Kavanaugh's accuser) wrote a letter to Diane Feinstein (D-CA) with her allegation that Kavanaugh had assaulted her sometime around 1982. The letter purportedly requested anonymity and ...


112

If senators can draw out the nomination process long enough, they have a chance of having a Democratic majority in the Senate during the next confirmation. Then Trump would have to nominate somebody that Democrats are happy with.


86

This is the confluence of a large number of factors, several of which appear in other answers, but I'll focus on just two. Short, vague, and old constitution The United States has one of the shortest (and oldest) written constitutions in the world. It started with less than 5 thousand words and remains under 8 thousand after twenty seven amendments (with ...


71

Expanding on Elliot's answer. Even if rushed, there is a process to approving a President's nomination. Nominating and approving another person before the November election would be possible, but it would be tricky to do it that quickly. Could Republicans really get Barrett or another nominee confirmed before then? And if not, could they confirm her in ...


68

I'm not sure what the standard for evidence is (i.e. for references) on this site. If you want to know, here's what I inferred from following the Twitters of a couple of (anti-Trump) American lawyers. The weren't "sexual assault hearings", they were "senate confirmation hearings" Senate procedure has previously (since 2013 and 2017, as explained in detail ...


56

In short: separation of (coequal) powers means the President can't order any such thing of Congress. Congress does as it wills, and the constitution has very little to say about whether it does its jobs in any particular time frame, or even in any particular way. Article 2, Section 3 of the constitution details the two things a President can force Congress ...


49

It's worth noting that Obama actually did attempt an end-run around Congress in declaring that pro-forma Senate sessions were, in fact, a "recess" as defined by the Constitution. As such, he made some "recess" appointments to the NLRB. The Supreme Court, 9-0, ruled in NLRB v. Noel Canning that it was unconstitutional for him to do that. We hold that, for ...


48

The Supreme Court has ruled on partisan issues with substantial impact on the country The Civil Rights cases were a group of five cases that said that the Thirteenth Amendment "merely abolishes slavery" and that the Fourteenth Amendment did not grant Congress the authority to regulate private affairs. The result of this was that the Civil Rights ...


48

No. I suggest the best source for this is probably the ruling of the Supreme Court itself. I'd encourage you to read it in full - it's not long and surprisingly readable. The legal argument the Court made starts by establishing that courts have the right to limit the use of the Royal Prerogative (for example, see paragraph 32). It further establishes ...


48

A lame duck President could nominate someone to Supreme Court vacancy, but the Senate may or may not confirm. This happened in 1800 when John Adams lost his re-election. Chief Justice Oliver Elsworth resigned. Adams nominated John Jay (the first Chief Justice who had resigned in 1795 to become Governor of New York.) who was then confirmed by the Senate. Jay ...


47

In Walter L. Nixon v. United States (unrelated to President Richard Nixon), the court held that the judiciary could not review impeachment proceedings. According to the constitution, the House has the "sole power of impeachment" and the Senate has the "sole power to try all impeachments." The Supreme Court considered this sufficient evidence that the framers ...


41

In the UK constitutional system, the Queen is not above the judiciary—she is the judiciary. As Wikipedia notes: The sovereign is deemed the "fount of justice"; although the sovereign does not personally rule in judicial cases, judicial functions are performed in his or her name. For instance, prosecutions are brought on the monarch's behalf, and courts ...


38

Senators doing their job the moral benefits of not having an accused sex offender on the Supreme Court. That's not just a moral benefit, that's the senate's job. From senate.gov (emphasis is mine): The Constitution grants unique powers to the Senate, allowing it to serve as the more deliberative legislative body and as a check on the executive and ...


36

First, the House and Senate operate however it is their rules say they operate. They can change how committees are apportioned by simply changing the rules. As-is, the few third party or independent members are such a tiny minority that it is more advantageous for everyone if they simply caucus with the party they find most agreeable. The caucus is what's ...


35

In the United Kingdom, Germany, Netherlands, European Union, and elsewhere, the equivalent of the Supreme Court has power comparable to the one in the United States. This is not actually true: the Supreme Court of the USA can strike down legislation passed by Congress as unconstitutional, whereas the Supreme Court of the UK cannot do the same with primary ...


35

U.S. Constitution, Article III, Section 2, The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, [...] In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the ...


33

In 2012 when Mitt Romney was campaigning for president, CNN reported on the possibilities for US Supreme Court Justices that may come along with Romney. The Second of nine names was Kavanaugh. (The sixth in their little list was Neil Gorsuch). This is what CNN reported at the time: Judge Brett Kavanaugh, U.S. Court of Appeals, D.C. Circuit Born 1965. ...


33

There was legislation that provided for the House of Lords to hear cases during prorogation. section 8 Appellate Jurisdiction Act 1876 http://www.legislation.gov.uk/ukpga/Vict/39-40/59/enacted Hearing and determination of appeals during prorogation of Parliament For preventing delay in the administration of justice, the House of Lords may sit and ...


30

A short piece on PolitiFact published at the time in 2016 put Biden's 1992 speech in its political context: Biden's floor speech was on June 25, 1992, more than three months later in the election cycle than it is now. There was no Supreme Court vacancy to fill. There was no nominee to consider. The Senate never took a vote to adopt a rule to delay ...


29

SCOTUS famously works very well together and there are several enforced rules and traditions that get this going. But first, statistically, the 5-4 decisions are actually very rare, with the combined 5-4 and 5-3 decisions making 14% of the case decisions, compared to the 57% of cases that resulted in a 9-0 decision in the 2016-2017 session. Of the ...


28

(You've got some terminology confusion: the Chief Justice is the head of the court, the rest are just "justices") When the Constitution was being written the framers were used to Great Britain's monarchy, and were somewhat eager to limit the monarch's (in the case of the U.S., the executive branch's) power. The U.S. government places a high value on checks ...


28

The Court requires at least 6 associate justices to constitute a a quorum to conduct business according to 28 USC § 1. The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum. Should the Supreme Court have more than 3 vacancies, it will not be ...


28

Two reasons. One, Kavanaugh and Bill Clinton have a somewhat...tumultuous past. Two, he believes that Democrats are still upset over Hillary Clinton's loss to Trump and are getting revenge.


27

Democrats didn't care, because they liked her. Republicans didn't seriously try to stop her nomination. So they didn't bring up the matter in more than passing fashion. The organization that is supposed to watch against unqualified nominees did not find her qualifications lacking. As per ABA Journal (and other sources easily found on Google), the ...


27

There are three issues that may be on the Supreme Court's docket that very well may spell the end of a political party: Gamble v. United States, the removal of Roe v. Wade, and the question of whether a sitting president can be convicted of a crime. Gamble v. United States is about the 'separate sovereign' issue, basically removing a form of double ...


27

This should be obvious, but in addition to the other reasons stated, even if the Republicans retain control of the U.S. Senate in the mid-term elections, if Democrats prevent Brett Kavanaugh from being appointed to the U.S. Supreme Court, then the seat will be filled by someone else nominated by President Trump instead. Brett Kavanaugh is a very undesirable ...


26

Yes, constitutionally, the POTUS can serve other posts simultaneously. This is because the Ineligibility Clause of the Constitution only applies to members of the Congress. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or ...


26

Just Me's answer covered the ruling pretty well, so I'll focus on the specifics of a grand jury. A grand jury proceeding is nothing like a jury trial. It is an investigative tool for the prosecution that is used to get authorization to collect documents and evidence, or to recommend that formal charges be brought. Supposedly, since it is a panel of regular ...


24

Does the US Supreme Court vote using secret ballots? No. The procedures used by the Court are given here: Forming opinions. Educational resources, provided by the Court are given here: Supreme Court Deliberations. Or is it as simple as a show of hands? No. At the end of a week in which the Court has heard oral arguments, the Justices hold a conference to ...


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