Supreme Court Justice Scalia found dead

Supreme Court Justice Scalia found dead

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Discussion

handpaper

1,296 posts

203 months

Tuesday 16th February 2016
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unrepentant said:
Many of the states are run by batst crazy right wing loons and they need reigning in. The state I live in has a ludicrous republican ahole as Governor and given free reign he'd make George Wallace look enlightened. Abortion was settled at a federal level and that should be the end of it. I'd suggest that 34% are happy because they don't think about it, 41% would like to see the rules relaxed and more freedom given to choice and 25% are batst crazy Christian republicans who think rape and incest is "God's will".
So democracy, unless you don't like the result?
How do you know you'll always like the alternative?

anonymous-user

54 months

Tuesday 16th February 2016
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JagLover said:
Breadvan72 said:
I add that I wish that the UK could join the US so we could all get a vote! I am only half kidding.

As for the Constitution, it shouldn't be treated as though graven in stone. Originalism fails to recognise that, as societies change so their ground rules must change with them. The common law moves with the times (sometimes it takes a while to catch up), and the interpretation of the Constitution shouldn't be rooted in the past.
So why not amend it?

It has been amended 27 times after all. At least then it is a decision of the voters not unelected judges changing it according to their own personal preferences.
It's impossible to codify every aspect of life, and if you tried to amend a constitution every time you had a difficulty about how it should be applied then your polity would grind to a halt, so the Constitution has to be interpreted, and that's what Federal Judges do.

Halb

53,012 posts

183 months

Tuesday 16th February 2016
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RDMcG said:
Halb said:
That was a dilemma, a tie. I hope there isn't another judicial decision on who gets to be US Prez!
Sanders v Trump, I can foresee it on my magic 8-ball. biggrin
Well .how about a 4-4 Supreme Court decisions when the GOP refuse the confirmation hearings for the Scalia replacement?...smile
Like Belgium, or a perpetual motion machine, Johann Bessler would be proud.

Mr GrimNasty

8,172 posts

170 months

Tuesday 16th February 2016
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It couldn't have come at a worse time really with only 1 vote balking Obama's nut-job green despotism.

Jasandjules

69,896 posts

229 months

Tuesday 16th February 2016
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Mr GrimNasty said:
It couldn't have come at a worse time really with only 1 vote balking Obama's nut-job green despotism.
Indeed. It may be that Americans will, quite literally, be paying for this decision over many years...

JagLover

42,416 posts

235 months

Wednesday 17th February 2016
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handpaper said:
So democracy, unless you don't like the result?
How do you know you'll always like the alternative?
Yep

It is not as if greater autonomy for the states is automatically bad for the left either.

The states led the way in decriminalising cannabis and in allowing same sex marriage. From a Libertarian perspective there is a movement under way for Libertarians to move to New Hampshire in order to make that a freer state and an example to the rest.

RDMcG

19,142 posts

207 months

Wednesday 17th February 2016
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and. now...a few words from Ronald Reagan on the issue of confirming an SC judge in the final year of the Presidency:

https://www.youtube.com/watch?v=Y_3PEIUEGto

tobinen

Original Poster:

9,227 posts

145 months

Wednesday 16th March 2016
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Chief Judge Garland possibly in the running:

http://www.bloomberg.com/politics/articles/2016-03...


Halb

53,012 posts

183 months

Wednesday 16th March 2016
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I was watching the Fox channel today, due to the Super Tuesday 2 stuff. THe GoP are a bunch of silly tts. The head one immediately said they wouldn't even give this guy a call. Even the Fox news staff thought it was a tad silly.

rohrl

8,737 posts

145 months

Wednesday 16th March 2016
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Nominating Garland is a masterstroke by Obama.

Just last week noted limp-wristed leftie Orrin Hatch said that Garland would be a solid centrist choice.

anonymous-user

54 months

Wednesday 16th March 2016
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Yup, great choice. The narrow partisanship of the GOP is made abundantly clear by the nomination debate.

Halb

53,012 posts

183 months

Wednesday 16th March 2016
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rohrl said:
Nominating Garland is a masterstroke by Obama.

Just last week noted limp-wristed leftie Orrin Hatch said that Garland would be a solid centrist choice.
Nice article.
McDonnell was the dope I saw on fox news. Looks like he immediately went back on his own line in the sand, what a macaroon.
The Democratic party must think all their heavens have come at once.

Question.
The GoP special needs keep demanding that the post id delayed till the next Prez. But that looks to be Hilary (even if it was Trump he isn't a social backward like they are), so what would happen then, can they postpone indefinitely?

rohrl

8,737 posts

145 months

Thursday 17th March 2016
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Halb said:
Question.
The GoP special needs keep demanding that the post id delayed till the next Prez. But that looks to be Hilary (even if it was Trump he isn't a social backward like they are), so what would happen then, can they postpone indefinitely?
The GOP are spectacularly shooting themselves in the foot.

If Hillary wins she is under no obligation to nominate someone as centrist, moderate and old as Garland. She could put forward an activist leftist in his/her mid-40s for all anyone knows. There is also nothing to say that the Republicans will retain control of the House either. There are 24 Rep seats up for re-election but only 10 Dems so it's entirely possible that the Democrats will have total control. At that point the Republicans would look even sillier than they do now for turning down Merrick Garland.

Halb

53,012 posts

183 months

Thursday 17th March 2016
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rohrl said:
If Hillary wins she is under no obligation to nominate someone as centrist, moderate and old as Garland. She could put forward an activist leftist in his/her mid-40s for all anyone knows. There is also nothing to say that the Republicans will retain control of the House either. There are 24 Rep seats up for re-election but only 10 Dems so it's entirely possible that the Democrats will have total control. At that point the Republicans would look even sillier than they do now for turning down Merrick Garland.
Yes, but does the senate have the power to deny indefinitely any Presidential nomination?

rohrl

8,737 posts

145 months

Thursday 17th March 2016
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Halb said:
Yes, but does the senate have the power to deny indefinitely any Presidential nomination?
I think that legally they do.

BlackLabel

13,251 posts

123 months

Thursday 17th March 2016
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I'm surprised they don't have a term limit for such roles - a life tenure seems like an outdated concept.


Rude-boy

22,227 posts

233 months

Thursday 17th March 2016
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BlackLabel said:
I'm surprised they don't have a term limit for such roles - a life tenure seems like an outdated concept.
It has it's drawbacks, but then so does defined term, especially if there is any possible way of one individual getting a second term...

RobinOakapple

2,802 posts

112 months

Thursday 17th March 2016
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My opinion is that it's outrageous that senior U.S. judges make their politics public and let those politics influence their decisions.

BlackLabel

13,251 posts

123 months

Monday 30th January 2017
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This will be interesting.


twitter said:
Andrew Neil‏ @afneil
President Trump has chosen a nominee to fill the vacant Supreme Court seat and will announce it Tuesday night Washington time.

K50 DEL

9,237 posts

228 months

Monday 30th January 2017
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BlackLabel said:
I'm surprised they don't have a term limit for such roles - a life tenure seems like an outdated concept.
In some ways it may be, but the thinking behind it is probably more relevant now than ever...

The Supreme Court is the highest law of the land and must be completely non-partisan, if the Justices had to worry about re-election / securing employment post term then, it is held, they might not be quite so unbiased. Hence it's a permanent, life appointment.