RIP Ruth Bader Ginsburg

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Discussion

AW111

9,674 posts

133 months

Sunday 20th September 2020
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Taylor James said:
Tough time to be a democrat. Trump will appoint a right leaning judge, just as Obama would have appointed one to the left. That's politics and people can't have it both ways.

It will all change one day but for the next decade or two it's suck it up buttercup if you're a democrat.

Just like Republicans had to suffer two decades of Clinton and Obama.
The reason for the anger is that the repubs broke precedent and refused to allow Obama to nominate a judge nearly 9 months before the election because "it's an election year" - the first time ever a judicial appointment was refused to be heard.

That's why the Dems are saying that the new appointment should wait until after the election.

anonymous-user

Original Poster:

54 months

Sunday 20th September 2020
quotequote all
Breadvan72 said:
A good piece on the career of RBG. There is also a documentary about her, and a Hollywood movie about her early career. My sixteen year old daughter is sad at the passing of one of her feminist icons, but says that RBG remains an inspiration to her.


https://www.theguardian.com/commentisfree/2020/sep...
She sounds rather wonderful.

anonymous-user

Original Poster:

54 months

Sunday 20th September 2020
quotequote all
She was and remains truly revered by a great many American lawyers and legal academics, and by many Dems and principled Republicans outside the legal world. She was a force for good in the world.

barian

152 posts

101 months

Sunday 20th September 2020
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The reason a lot of Americans, who might be expected to be repulsed by Trump's behaviour (think evangelicals), are willing to overlook his many faults is that he is doing what they want. High on their to-do list is achieving a "conservative" majority on the Supreme Court which they hope will, inter alia, allow an overturning of Roe vs Wade. If Trump succeeds in this aim in the next few weeks they will have less reason to vote for him in November. I wonder if he has worked this out.

anonymous-user

Original Poster:

54 months

Sunday 20th September 2020
quotequote all
I think you may be assuming too much consistency of thought or possession of principles amongst members of the Religious Right. They just see Trump as their man, despite his obvious irreligion and his appalling behaviour. Bear in mind that, outside the Metro elites both Left and Right, many Americans are appallingly badly educated, have very narrow Wold views, and have been brainwashed to see politicians as boringly centrist as Biden as agents of Communism.

Countdown

39,848 posts

196 months

Sunday 20th September 2020
quotequote all
AW111 said:
Taylor James said:
Tough time to be a democrat. Trump will appoint a right leaning judge, just as Obama would have appointed one to the left. That's politics and people can't have it both ways.

It will all change one day but for the next decade or two it's suck it up buttercup if you're a democrat.

Just like Republicans had to suffer two decades of Clinton and Obama.
The reason for the anger is that the repubs broke precedent and refused to allow Obama to nominate a judge nearly 9 months before the election because "it's an election year" - the first time ever a judicial appointment was refused to be heard.

That's why the Dems are saying that the new appointment should wait until after the election.
Hopefully the Dems will increase the number of Justices to 11. What’s sauce for the goose....

anonymous-user

Original Poster:

54 months

Sunday 20th September 2020
quotequote all
I add that some (quite a lot) of these people are loonbat extremists who think that the End Times may be upon us, and that Trump may be an agent of the Divine plan to scourge the World with fire, and all that. Q Anon and similar whackjob movements have quite a lot of purchase via social media.

Taylor James

3,111 posts

61 months

Sunday 20th September 2020
quotequote all
DeWar said:
Taylor James said:
Tough time to be a democrat. Trump will appoint a right leaning judge, just as Obama would have appointed one to the left. That's politics and people can't have it both ways.

It will all change one day but for the next decade or two it's suck it up buttercup if you're a democrat.

Just like Republicans had to suffer two decades of Clinton and Obama.
It’s not so much about Dem vs Rep. The whole system - life appointments of politically partisan judges - is undemocratic; weirdly so considering we’re talking about “the world’s greatest democracy”. Imagine the USA lurches to the left in 8 years time (unlikely, I grant you) and both houses and the presidency are in Dem hands. The SCOTUS could continue to enact legislation that is explicitly against the will of the majority. There are plausible scenarios where the legal status of gay people and women in the States could become closer to that of folk in Russia than the U.K.
Well I guess it's like their gun law and our House of Lords. It's in their power to change it and the oft quoted 'will of the people' doesn't exist to do it.

Janluke

2,581 posts

158 months

Sunday 20th September 2020
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I have to admit I was unaware of RBG until her passing. I've spent the last couple of days reading about her life, what a great person and fascinating life.

anonymous-user

Original Poster:

54 months

Sunday 20th September 2020
quotequote all
It has been observed that the USA are a democracy despite their electoral system, and not because of it. The role of the Court is a curious one, but it is on one view part of the apparatus of democracy, considered in its widest sense (and not reducing the term democracy to a description of a system of choosing representatives). But, yes, the US Supreme Court has become too political.

Safeguarding the rule of law is one thing that courts do to support democracies. The UK has a weak Constitution because it is only partly written, and has gaps that are filled by Conventions, and it is, as we are seeing at present, vulnerable to abuse by unscrupulous politicians; but the UK judiciary have managed to avoid being politically compromised in the way that the Federal judiciary in the US have been, and have thus far upheld the rule of law.

Thus in that respect at least the UK Constitution is better than the US Constitution (at least unless and until we see political appointments of judges).

Take for example the Miller decisions: these turned on legal principles and not on politics (despite tabloid moans to the contrary), and analysis of decisions in the broad range of judicial review cases shows that the political alignments of Judges have little or no apparent impact on whether the Government of the day wins or loses. That is as it should be.

RDMcG

19,142 posts

207 months

Sunday 20th September 2020
quotequote all
The Senate is GOP 53,Dems 47.

They must swing four senators to defeat the nomination. In a 50-50 tie the Vice-President makes the call - so of course it would be passed. I expect it will be Amy Barrett.

kowalski655

14,635 posts

143 months

Sunday 20th September 2020
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The likely winner of the AZ special election, a Dem, will be installed before 30th November, so it will take 3 GOP senators to grow a spine. Murkowski gas said no, possibly Romney too.

anonymous-user

Original Poster:

54 months

Sunday 20th September 2020
quotequote all
Collins, maybe Romney, and then two others. It's a toughie, but it's not impossible.

hidetheelephants

24,271 posts

193 months

Sunday 20th September 2020
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Depends how egregious the Federalist Society pick is, Trump will just nominate whoever they want; they've been picking some stinkers that even the most partisan GoP senators have baulked at.

Edited by hidetheelephants on Sunday 20th September 20:26

havoc

30,052 posts

235 months

Sunday 20th September 2020
quotequote all
DeWar said:
weirdly so considering we’re talking about “the world’s greatest democracy”.
Not for decades.

It's an oligarchy, ruled by commercial interests via their sponsored politicians / lobbyists. That much has been assessed by independent organisations.

anonymous-user

Original Poster:

54 months

Sunday 20th September 2020
quotequote all
DeWar said:
Trump’s ego will not allow him to pursue this strategy, but it would seem that proclaiming he will not be nominating a replacement for RBG until after he is re-elected is a sound way of strengthening his campaign.

The premise goes something like “you might not like me and you might not agree with everything I’ve done but if you vote for me I will ensure an overwhelming conservative SCOTUS majority for a generation”. Conversely if he were able to rush an appointment through before the election then the motivating driver for a substantial portion of his support to go out to vote for him disappears overnight.
Too much wishful thinking.

This coming election may not produce a clear winner and may go down to the supreme court to decide.

If he can ram his choice through, he will.

If he cant, he'll spin it as his decision.

If people riot, thats a gain for Trump too.

If i was a betting man, I'd bet on Trump winning the presidency whilst losing the popular vote.

Biden is toxic to middle America, this is where the majority of military are recruited from and Trump has not been starting wars, he's been bringing the troops home. These same people suffered under NAFTA and the shift to China. All these areas do damage to Biden.

The debates could bury Biden, it will be a major win if he doesn't look flustered.

RGB was a great woman but she put herself before the best interests of her cause, her dying words dont matter when the stakes are so high.

Clinton H made the same error, she was toxic to the people that turn elections and should have recognised that, the way the Dems let her play the martyr post election has led them to make the same stupid error with Biden.

RDMcG

19,142 posts

207 months

Sunday 20th September 2020
quotequote all
Interesting in The New Yorker this week;

quote:

"If Joe Biden is elected, enabling a Democratic Vice-President to cast the deciding vote in the Senate, Democrats need only to pick up three seats to win a majority. And, at the moment, according to recent polls, Democratic challengers stand good chances against Republican incumbents in Maine, Arizona, and Colorado. Democrats also have shots at capturing seats in South Carolina and Iowa."

anonymous-user

Original Poster:

54 months

Sunday 20th September 2020
quotequote all
More on RBG and her friendship with Antonin Scalia:

https://www.usatoday.com/story/news/politics/2020/...

kowalski655

14,635 posts

143 months

Sunday 20th September 2020
quotequote all
RDMcG said:
Interesting in The New Yorker this week;

quote:

"If Joe Biden is elected, enabling a Democratic Vice-President to cast the deciding vote in the Senate, Democrats need only to pick up three seats to win a majority. And, at the moment, according to recent polls, Democratic challengers stand good chances against Republican incumbents in Maine, Arizona, and Colorado. Democrats also have shots at capturing seats in South Carolina and Iowa."
Will Harris become Veep only in January? If so Pence will decide & obviously the GOP want a decision before the election, although I dont think theres enough time,and if Trump loses,they will want it in the lame duck period
Most likely pick(Trump says it will be a woman-good to see the best person for the job getting it!) is a religious fruitloop
https://eu.usatoday.com/story/news/politics/2020/0...

anonymous-user

Original Poster:

54 months

Monday 21st September 2020
quotequote all
As expected Trump has said this morning he wants the new SCJ in place before election.