Help - Search - Members - Calendar
Full Version: Obama's Supreme Court picks
C-Span sucks community > politics > Political Soapbox
Pages: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12
Davis 2.0
Souter's Farewell

The big news of the morning is Supreme Court Justice Souter announcing his retirement. A mini-round up of commentary worth pondering. Josh Marshall:

I've heard a few people mention that this represents a political opportunity for the Republicans. But for the life of me I cannot see that. Supreme Court nominations are extremely high stakes battles for partisans on both sides and each party wants to hit a nomination struggle with the most political muscle possible. President Obama has extraordinarily high personal popularity at the moment. His approval rating, while down a bit off the inaugural high, has stabilized and even tracked up a bit at a strong 60%. His party is nearing 60 seats in the senate. And the Specter party-switch, while perhaps not that significant in numerical terms, has left the senate Republican caucus deeply split and demoralized -- with one faction savoring an emasculated, tea-bag-driven ideological purity and another disgusted with the party's ultras and anxious to reenter the actual national political conversation. In other words, it's about the worst footing imaginable for senate Republicans to try to defeat or stand united against whomever Obama chooses.



Tom Goldstein:

The president will be personally invested and involved. I think it will come down to interviews between Wood, Kagan, Sotomayor, and two more out-of-the-box candidates, perhaps one with significant political experience and another who is a progressive visionary.

And the president will decide personally based on his own very individual view of how he wants to shape the Court. There is no rush to make an announcement. The term will conclude at the very end of June, and it makes no sense--and there is no pressure--to announce a choice for a successor before the justice has completed this term's work. That leaves two months, which is plenty of time, and the president can reasonably be expected in very early July to name his nominee. Hearings would be held in early or mid-August (the administration and Senate Democrats will want them sooner rather than later, in order to not leave the nominee hanging), when the rest of Washington hoped to be on vacation away from the heat.


Ilya Somin:

Today, the average Supreme Court justice serves for over 26 years. Over such a lengthy tenure, there is likely to be turnover among the other justices, and the current appointee's ideology may have a major impact on the balance of power over the long run even if its immediate effect is insignificant.


http://andrewsullivan.theatlantic.com/the_...ewell.html#more
beasty
http://politics.theatlantic.com/2009/04/so...replace_him.php

If Obama appoints a thoroughgoing liberal, Republicans will give him the fight of his life -- though he might, by the time of the vote, have 60 Democrats to avoid a filibuster. A more moderate pick would disappoint his liberal base. In reality, Obama can appoint anyone he wants. Democrats are already pushing back at the notion of a GOP filibuster, pointing to comments made by prominent Republicans who warned Democrats against blocking President Bush's nominees. A bigger challenge for Republicans: with Arlen Specter moving to the Democratic side of the aisle, his veteran nominee-vetting staff will probably not be inclined to help minority Republicans.

Among those who might make the list of replacements: incoming solicitor general Elena Kagan, formerly the dean of the Harvard Law School, Cass Sunstein, a brilliant constitutional law prof who now works at Obama's Office of Management and Budget, Secretary of State Hillary Clinton, appellate judge Diane Wood, and Leah Ward Sears, the chief justice of Georgia's Supreme Court. A dark horse might be Judge Nicholas Garaufis of the Eastern District of New York. Less known but equally potent candidates would be Stanford's Pam Karlan, an intellectually brilliant liberal, and Johnnie Rawlinson, an appeals court judge and the first African American woman appointed to that circuit. Of all these candidates, Wood and Karlan are probably the brightest lights, and Wood would be most palatable to conservatives. Cato's Ilya Shapiro, a former Wood student, said that she'd offer a "seriousness of purpose and no ideological ax to grind, this making her the best nominee for supporters of constitutionalism.

If Obama has a short list, it is probably much longer than mine, and includes many judges I haven't considered.

Watch for Vice President Joe Biden, a former chair of the Judiciary Committee in the Senate, to play a significant role in this process. Biden's chief of staff, Ron Klain, has more experience vetting potential nominees than just about anyone else in Washington, and the process of compiling an initial list of nominees has been given to his office.

Two very senior administration officials politely refused to comment or speculate about Souter or possible appointments. I am told that orders have come down from the top -- as in the chief of staff's office -- that no one is to talk about this to reporters.

So what's the process going to be like? Will it be partially public -- the White House having decided to selectively leak the names of certain more conservative jurists that Obama meets? Will he meet with a range of folks? Will he meet with a pro-life judge? Or -- does he segregate politics from the process entirely?

First, Obama compiles his list. Then, he tries to keep the list a secret. Does he begin to compile vetting teams before Souter formally steps down? Unclear -- although the VP's office already has some staff capacity.

The public will be treated to a three-act play; Act 1 -- who SHOULD Obama pick? Act 2 -- who DOES Obama pick? Act 3 -- what does the GOP do? Spoiler alert! Don't call this is a battle; Obama's going to get his nominee confirmed. The question is whether he does so while enhancing his status and his party.
Nomarchy
Stanford's Pam Karlan would be an excellent choice.
Arturo_Vandelay
Bill Clinton might have picked her in that case.

Put me down for Shapiro.
Davis 2.0
Even if he does pick a liberal and succeeds in his/her seating that will only restore balance. It won't turn t into a liberal court at all.
Arturo_Vandelay
That's why liberals retire under liberal presidents and vice versa.
beasty
Of course Souter was appointed by a REPUBLICAN.
Davis 2.0
I suppose that shows you definitively how the Republican party has gone to the right. Hard to argue with that. But you'll do it anyway.
Innocent
QUOTE (Davis 2.0 @ May 1 2009, 12:30 PM) *
Even if he does pick a liberal and succeeds in his/her seating that will only restore balance. It won't turn t into a liberal court at all.


I'd read somewhere quite a while ago that his interest was in keeping the court in a holding pattern, rather than altering it's makeup. If a liberal retired, he'd replace them with a liberal. If a conservative retired, he'd replace him with a conservative. If a moderate retired he'd replace them with a moderate. I'm not sure if that is how it will actually play out though.

smile.gif
Arturo_Vandelay
QUOTE (Innocent @ May 1 2009, 12:45 PM) *
I'd read somewhere quite a while ago that his interest was in keeping the court in a holding pattern, rather than altering it's makeup. If a liberal retired, he'd replace them with a liberal. If a conservative retired, he'd replace him with a conservative. If a moderate retired he'd replace them with a moderate. I'm not sure if that is how it will actually play out though.

smile.gif


You don't always know how a lifetime appointment will work out. The idea being to keep them from being pressured. I just want somebody who follows the law, doesn't try to make it up.

I liked Roberts answer to one question. They were trying to ask if the little guy would win in his court, and he said he would decide based on the law. If the little guy was right he would win, and if the big company were right they would win.

It isn't supposed to be about picking winners based on ideology.
Davis 2.0
And you believed him?

Republicans are going to appoint people who are much more likely to favor large corporations over individuals.
Innocent
QUOTE (Arturo_Vandelay @ May 1 2009, 03:59 PM) *
You don't always know how a lifetime appointment will work out.


That's certainly true.

smile.gif
Arturo_Vandelay
QUOTE (Davis 2.0 @ May 1 2009, 01:14 PM) *
And you believed him?

Republicans are going to appoint people who are much more likely to favor large corporations over individuals.


Yet the Dems were the ones for government TAKING what they damn well pleased to add to the tax base.
Nomarchy
QUOTE (Arturo_Vandelay @ May 1 2009, 12:59 PM) *
You don't always know how a lifetime appointment will work out. The idea being to keep them from being pressured. I just want somebody who follows the law, doesn't try to make it up.

I liked Roberts answer to one question. They were trying to ask if the little guy would win in his court, and he said he would decide based on the law. If the little guy was right he would win, and if the big company were right they would win.

It isn't supposed to be about picking winners based on ideology.


True. On the other hand, having a default position that between an artificial, legal person and a real, living, breathing person the latter should get the benefit of the doubt doesn't sound too ideological to me.

The ideological position, it seems to me, is to insist that since they're both legally 'persons', the e.g. 14th Amendment applies equally to them both, etc.

“[T]hose who are in ideology believe themselves by definition outside ideology: one of the effects of ideology is the practical denegation of the ideological character of ideology by ideology: ideology never says, 'I am ideological'. […] As is well known, the accusation of being in ideology only applies to others, never to oneself.”

When one is IN an ideology, i.e. when one lives its truth, it's not an ideology.
underhi2p
I'd like to see The Baby Jesus nominate Jan Schakowsky for Supreme Tier Legislator.

Davis 2.0
QUOTE (Nomarchy @ May 1 2009, 05:48 PM) *
True. On the other hand, having a default position that between an artificial, legal person and a real, living, breathing person the latter should get the benefit of the doubt doesn't sound too ideological to me.

The ideological position, it seems to me, is to insist that since they're both legally 'persons', the e.g. 14th Amendment applies equally to them both, etc.

“[T]hose who are in ideology believe themselves by definition outside ideology: one of the effects of ideology is the practical denegation of the ideological character of ideology by ideology: ideology never says, 'I am ideological'. […] As is well known, the accusation of being in ideology only applies to others, never to oneself.”

When one is IN an ideology, i.e. when one lives its truth, it's not an ideology.


Take that confusing crap out of my thread. laugh.gif laugh.gif laugh.gif laugh.gif
Arturo_Vandelay
QUOTE (Nomarchy @ May 1 2009, 04:48 PM) *
True. On the other hand, having a default position that between an artificial, legal person and a real, living, breathing person the latter should get the benefit of the doubt doesn't sound too ideological to me.



So if a person sues a corporation the law should close down the corporation to pay off the individual, even if the individual is wrong and hundreds of individuals will suffer to pay off the one individual?
Davis 2.0
You've become a goof. Everything has to be taken to the extreme. No middle ground whatsoever.
Arturo_Vandelay
QUOTE (Davis 2.0 @ May 1 2009, 06:02 PM) *
You've become a goof. Everything has to be taken to the extreme. No middle ground whatsoever.



It's a serious answer to a serious question. I don't see any lefties clamoring for middle ground, so the discussion goes like it goes.
arebuntz
I am hoping for the biggest left wing goof ball available, summer Senate hearings would be great...
SpaceCowboy
QUOTE (arebuntz @ May 1 2009, 08:29 PM) *
I am hoping for the biggest left wing goof ball available, summer Senate hearings would be great...

We haven't had many really interesting hearings lately.

That would be nice.
Arturo_Vandelay
QUOTE (arebuntz @ May 1 2009, 06:29 PM) *
I am hoping for the biggest left wing goof ball available, summer Senate hearings would be great...


It's an off year, what the heck.
Nomarchy
QUOTE (SpaceCowboy @ May 1 2009, 06:32 PM) *
We haven't had many really interesting hearings lately.

That would be nice.



I am hoping for the most articulate, most intelligent, most even-keeled, wisest left-winger, especially on corporations-as-persons-deserving-of-Constitutional-rights-and-protections matters to tear the "moderates" and "conservatives" in both parties a proverbial new one.
SpaceCowboy
QUOTE (Nomarchy @ May 1 2009, 09:12 PM) *
I am hoping for the most articulate, most intelligent, most even-keeled, wisest left-winger, especially on corporations-as-persons-deserving-of-Constitutional-rights-and-protections matters to tear the "moderates" and "conservatives" in both parties a proverbial new one.

See, this really could be fun.
Russ Logan
Yep. Here's an oddball scenario (partially with tongue planted firmly in cheek):

The current SecState hasn't exactly been without her own gaffes and missteps thus far. And despite assurances made in the aftermath of her loss to then candidate Obama in the primaries, that she would neither seek, nor had any plans for, being anything in a new Obama administration (including a possible Supreme Court appointment) except a Senator from New York, she accepted the post of SecState. So why not now Justice Souter's replacement? It is known, or at least it's been said the President wants to nominate another woman to the high bench, and she has the advantage of having already been vetted and confirmed to a high post by the Senate - this Senate. Frees him to choose a possibly better SecState, solves his SCOTUS appointment (also removing further a still possible future competitor in the bargain), and secures the seat to a liberal. She changed her mind once, why not again? SecState is good only as long as an Obama presidency - SCOTUS is for life. Hmmmm...
arebuntz
I believe there was a rumor to that effect late last year... she isn't goof ball lefty enough for my scenario...

I want Kindergarten masturbation lessons goof ball lefty...
arebuntz
I want Directive 10-289 goof ball lefty...


QUOTE
Directive 10-289

"In the name of the general welfare, to protect the people's security, to achieve full equality and total stability, it is decreed for the duration of the national emergency that--

"Point One. All workers, wage earners and employees of any kind whatsoever shall henceforth be attached to their jobs and shall not leave nor be dismissed nor change employment, under penalty of a term in jail. The penalty shall be determined by the Unification Board, such Board to be appointed by the Bureau of Economic Planning and National Resources. All persons reaching the age of twenty-one shall report to the Unification Board, which shall assign them to where, in its opinion, their services will best serve the interests of the nation.

"Point Two. All industrial, commercial, manufacturing and business establishments of any nature whatsoever shall henceforth remain in operation, and the owners of such establishments shall not quit nor leave nor retire, nor close, sell or transfer their business, under pentalty of the nationalization of their establishment and of any and all of their property.

"Point Three. All patents and copyrights, pertaining to any devices, inventions, formulas, processes and works of any nature whatsoever, shall be turned over to the nation as a patriotic emergency gift by means of Gift Certificates to be signed voluntarily by the owners of all such patents and copyrights. The Unification Board shall then license the use of such patents and copyrights to all applicants, equally and without discrimination, for the purpose of eliminating monopolistic practices, discarding obsolete products and making the best available to the whole nation. No trademarks, brand names or copyrighted titles shall be used. Every formerly patented product shall be known by a new name and sold by all manufacturers under the same name, such name to be selected by the Unification Board. All private trademarks and brand names are hereby abolished.

"Point Four. No new devices, inventions, products, or goods of any nature whatsoever, not now on the market, shall be produced, invented, manufacturerd or sold afer the date of this directive. The Office of Patents and Copyrights is hereby suspended.

"Point Five. Every establishment, concern, corporation or person engaged in production of any nature whatsoever shall henceforth produce the same amount of goods per year as it, they or he produced during the Basic Year, no more and no less. The year to be known as the Basic or Yardstick Year is to be the year ending on the date of this directive. Over or under production shall be fined, such fines to be determined by the Unification Barod.

"Point Six. Every person of any age, sex, class or income, shall henceforth spend the same amount of money on the purchase of goods per year as he or she spent during the Basic Year, no more and no less. Over or under purchasing shall be fined, such fines to be determined by the Unification Board.

"Point Seven. All wages, prices, salaries, dividends, profits, interest rates and forms of income of any nature whatsoever, shall be frozen at their present figures, as of the date of this directive.

"Point Eight. All cases arising from and rules not specifically provided for in this directive, shall be settled and determined by the Unification Board, whose decisionswill be final."
Davis 2.0
QUOTE (Nomarchy @ May 1 2009, 08:12 PM) *
I am hoping for the most articulate, most intelligent, most even-keeled, wisest left-winger, especially on corporations-as-persons-deserving-of-Constitutional-rights-and-protections matters to tear the "moderates" and "conservatives" in both parties a proverbial new one.


Amen.
Davis 2.0
QUOTE (Russ Logan @ May 1 2009, 09:32 PM) *
Yep. Here's an oddball scenario (partially with tongue planted firmly in cheek):

The current SecState hasn't exactly been without her own gaffes and missteps thus far. And despite assurances made in the aftermath of her loss to then candidate Obama in the primaries, that she would neither seek, nor had any plans for, being anything in a new Obama administration (including a possible Supreme Court appointment) except a Senator from New York, she accepted the post of SecState. So why not now Justice Souter's replacement? It is known, or at least it's been said the President wants to nominate another woman to the high bench, and she has the advantage of having already been vetted and confirmed to a high post by the Senate - this Senate. Frees him to choose a possibly better SecState, solves his SCOTUS appointment (also removing further a still possible future competitor in the bargain), and secures the seat to a liberal. She changed her mind once, why not again? SecState is good only as long as an Obama presidency - SCOTUS is for life. Hmmmm...



Clinton, Clinton, Clinton, Clinton.
underhi2p
QUOTE (Russ Logan @ May 1 2009, 11:32 PM) *
Yep. Here's an oddball scenario (partially with tongue planted firmly in cheek):

The current SecState hasn't exactly been without her own gaffes and missteps thus far. And despite assurances made in the aftermath of her loss to then candidate Obama in the primaries, that she would neither seek, nor had any plans for, being anything in a new Obama administration (including a possible Supreme Court appointment) except a Senator from New York, she accepted the post of SecState. So why not now Justice Souter's replacement? It is known, or at least it's been said the President wants to nominate another woman to the high bench, and she has the advantage of having already been vetted and confirmed to a high post by the Senate - this Senate. Frees him to choose a possibly better SecState, solves his SCOTUS appointment (also removing further a still possible future competitor in the bargain), and secures the seat to a liberal. She changed her mind once, why not again? SecState is good only as long as an Obama presidency - SCOTUS is for life. Hmmmm...



I don't think Shelley Obama would allow The Baby Jesus to nominate The Shills to the Supreme Tier of the Third Branch of the Legislature.

Shelley hates The Shills.

This won't happen.

The more I think about it, the more I convince myself that The Baby Jesus will nominate a flaming gay man to the Supreme Tier. I can't think of any subset of civilization that can express empathy and understanding - the trait The Baby Jesus is requiring in his nomination - more than a flaming gay.

The Baby Jesus already has a Bull Dyke as Homeland Security chief.
underhi2p
QUOTE (arebuntz @ May 2 2009, 07:50 AM) *
I believe there was a rumor to that effect late last year... she isn't goof ball lefty enough for my scenario...

I want Kindergarten masturbation lessons goof ball lefty...




No doubt.

In order to have society accept the kindergarten masturbation goofball lefty, you've got to include the kindergarten goofball lefty in a visible position.

I think you'll get your wish.
Brian_Lambchops
QUOTE (underhi2p @ May 2 2009, 08:07 AM) *
The more I think about it, the more I convince myself that The Baby Jesus will nominate a flaming gay man to the Supreme Tier. The Baby Jesus already has a Bull Dyke as Homeland Security chief.


It goes against the current conventional wisdom, but for a longshot I like it. Empathy is big nowdays. It's too bad it extends to a lot of people that don't really deserve it. I heard Jon Stewart call Truman a war criminal, but they want to protect KSM's "civil rights" ?

Something is ass-backwards.
underhi2p
QUOTE (Brian_Lambchops @ May 2 2009, 06:23 PM) *
It goes against the current conventional wisdom, but for a longshot I like it. Empathy is big nowdays. It's too bad it extends to a lot of people that don't really deserve it. I heard Jon Stewart call Truman a war criminal, but they want to protect KSM's "civil rights" ?

Something is ass-backwards.



Jon Stewart is a top news anchor.

Something is ass-backwards.

Arturo_Vandelay
QUOTE (underhi2p @ May 2 2009, 04:34 PM) *
Jon Stewart is a top news anchor.

Something is ass-backwards.



Sometimes I end up watching a nanosecond because my channel changer only goes so fast, but he's up there with Olbermann and Maddow when it comes to lefty bias.

Mike Savage is right about one thing, Stewart would be a lampshade if he had been in Europe back in the 30s. Truman deserves better.
Innocent
Souter Replacements: Obama's Five Likely Picks

QUOTE
News of Justice David Souter's plan to retire at the end of the Supreme Court's current term immediately set off one of Washington D.C.'s most cherished parlor games: speculating who will take his place.

Among those most often mentioned:

QUOTE

Sonia Sotomayor


Sonia Sotomayor:

An Hispanic with 16 years of court experience who currently sits on the U.S. Court of Appeals for the 2nd Circuit, Sotomayor is a graduate of Yale Law and considered a legal liberal. She also shares a biographical footnote with Souter: they both were appointed by George H. W. Bush -- Sotomayor to the U.S. District Court for the Southern District of New York in 1992.


QUOTE

Elena Kagan


Elena Kagan:

The first woman to serve in the post of Solicitor General, she arrived at the Department of Justice from her post as Dean of the Harvard Law School. She served as Associate Counsel to President Bill Clinton and as a clerk to Supreme Court Justice Thurgood Marshall. Should Obama choose her, it would mean his White House would have to fill another vacancy. But her academic and judicial pedigree seem almost better suited for the Court than as a lawyer arguing before it. Plus, she's already been through the confirmation process.


QUOTE

Seth Waxman


Seth Waxman:

The 41st Solicitor General of the United States, Waxmnan is 58-years old and a graduate of Yale Law School. Perhaps his greatest claim to legal fame was arguing Boumediene v. Bush before the Supreme Court, which upheld habeas corpus rights for detainees at Guantanamo Bay.


QUOTE

Diane Wood


Diane Wood:

Wood, a 58-year-old Chicagoan, has served for 14 years on the city's 7th Circuit Court of Appeals. She has made a reputation as a strong liberal voice on an otherwise conservative bench and her name was decidedly in the mix when speculation first arose that Justice Ruth Bader Ginsburg would retire due to medical issues. The one downside: her position on abortion rights has already sparked the ire of conservatives and pro-life groups, portending a potentially contentious confirmation process.


QUOTE

Harold Koh


Harold Koh:

The Dean of Yale Law School, Koh is perhaps the highest-profile Asian-American legal mind in the country. He clerked for Associate Justice Harry Blackmun on the Supreme Court, and worked for the Office of Legal Counsel in the Reagan Justice Department. But if Obama wants a smooth confirmation battle, Koh might not be the pick. Nominated to be the State Department's legal adviser, he has attacked by conservatives who claimed that he values foreign law over the U.S. Constitution.


Dark horses: Some names offered by legal observers who have followed Supreme Court politics a bit more closely:

QUOTE

Teresa Wynn Roseborough


Teresa Wynn Roseborough:

A legal scholar, in an email to the Huffington Post, described the Clinton-era Deputy Assistant Attorney General as such: "She's late 40s, super smart and kind, decent, moderate; and was Editor in Chief of UNC law review. She clerked on the 4th Circuit and for Justice Stevens; worked in Department of Justice, was a partner at a private Atlanta firm; and now at a private counsel for MetLife. And, she's African-American. A perfect choice. Unimpeachable and perfect."


QUOTE

Leah Ward Sears


Leah Ward Sears:

Chief Justice of the Georgia Supreme Court.


QUOTE

Kathleen Sullivan


Kathleen Sullivan:

Former Dean of Stanford Law and a protege of Harvard's famed professor, Laurence Tribe.


QUOTE

William Fletcher


William Fletcher:

A U.S. federal appeals court judge on the Ninth Circuit Court of Appeals (the same circuit as one Jay Bybee, who will definitely not be an Obama Supreme Court nominee).


I added photos and wikipedia links to this posting that were not part of the original article.

smile.gif
Arturo_Vandelay
QUOTE (Innocent @ May 2 2009, 06:17 PM) *
Souter Replacements: Obama's Five Likely Picks











Dark horses: Some names offered by legal observers who have followed Supreme Court politics a bit more closely:









I added photos and wikipedia links to this posting that were not part of the original article.

smile.gif



Cool. Required reading. Probably best this happens in a non-election year. Maybe some rational thought will ensue.
underhi2p
QUOTE (Innocent @ May 2 2009, 08:17 PM) *
Souter Replacements: Obama's Five Likely Picks


Dark horses: Some names offered by legal observers who have followed Supreme Court politics a bit more closely:

I added photos and wikipedia links to this posting that were not part of the original article.

smile.gif


Based on appearance, I'd say it's a toss up as favorite between the Kagan two-bagger and the Sotomayor two-bagger.
Innocent
QUOTE (Arturo_Vandelay @ May 2 2009, 09:24 PM) *
Cool. Required reading. Probably best this happens in a non-election year. Maybe some rational thought will ensue.


QUOTE (underhi2p @ May 2 2009, 09:24 PM) *
Based on appearance, I'd say it's a toss up as favorite between the Kagan two-bagger and the Sotomayor two-bagger.



Yeah, good luck with that.

wink.gif
Arturo_Vandelay
QUOTE (Innocent @ May 2 2009, 08:55 PM) *
[indent][/indent]


Yeah, good luck with that.

wink.gif



I can usually live with about half of what most judges do, but outside of them doing what I want I'd like to see them stick to a fairly strict interpretation of the law. At the same time I'd like to see the legislative branch limit the power of government that they use as a weapon against citizens. It's like we're just a cash cow with which to buy power.
Davis 2.0
QUOTE (Arturo_Vandelay @ May 2 2009, 06:15 PM) *
Sometimes I end up watching a nanosecond because my channel changer only goes so fast, but he's up there with Olbermann and Maddow when it comes to lefty bias.

Mike Savage is right about one thing, Stewart would be a lampshade if he had been in Europe back in the 30s. Truman deserves better.



That is as stupid a statement as I've ever heard here.

Michael Weiner would be in a pile of gassed bodies too if he were a Jew, what the hell is the point?


Davis 2.0
QUOTE (Arturo_Vandelay @ May 2 2009, 07:24 PM) *
Cool. Required reading. Probably best this happens in a non-election year. Maybe some rational thought will ensue.



Either it will be a conservative or there will be a knock down, drag out fight.


Which means NONE of his picks will pass their litmus.
Davis 2.0
QUOTE (Arturo_Vandelay @ May 2 2009, 10:21 PM) *
I can usually live with about half of what most judges do, but outside of them doing what I want I'd like to see them stick to a fairly strict interpretation of the law. At the same time I'd like to see the legislative branch limit the power of government that they use as a weapon against citizens. It's like we're just a cash cow with which to buy power.



I wish Scalia wouldn't use 24 to support illegal torture but there you have it. THAT is not interpreting law.
underhi2p
QUOTE (Arturo_Vandelay @ May 3 2009, 12:21 AM) *
I can usually live with about half of what most judges do, but outside of them doing what I want I'd like to see them stick to a fairly strict interpretation of the law. At the same time I'd like to see the legislative branch limit the power of government that they use as a weapon against citizens. It's like we're just a cash cow with which to buy power.



The First and Second Branch of the Legislature has a symbiotic relationship with the Third Branch of the Legislature the likes of which the white slave owners who wrote the living document known as the Constitution would be rolling over and dumping a pile of poop in their grave.

Any controversial legislation such as religious matters, abortion matter, gay matters, military matters gets passed off to the Third Branch of the Legislature so as not to endanger First and Second Branch legislators' re-election chances.

A legistator has a proxy file legislation in a friendly Third Branch retail outlet and legislation is passed. If the legislation is not to the author's wishes, new legislation is filed in the administrative Third Branch office and so on and so forth.

This is the 21st century checks and balances of the First, Second and Third Branches of the Legislature.

inyerface
Scalia removes power from the people and gives it to government
Arturo_Vandelay
QUOTE (Davis 2.0 @ May 3 2009, 11:44 AM) *
That is as stupid a statement as I've ever heard here.

Michael Weiner would be in a pile of gassed bodies too if he were a Jew, what the hell is the point?


The difference is Leibowitz would help with the gas. Useless sawed off little runt.
Innocent
Resistance to Obama high court pick may be modest

QUOTE
WASHINGTON (AP) -- Awaiting President Barack Obama's first Supreme Court pick, activists expect a less-spirited nomination battle than would have been anticipated if a conservative justice had stepped down or Democrats held a slimmer edge in the Senate.

Retiring Justice David H. Souter is part of the court's liberal wing, and his replacement by a Democratic administration probably won't change the ideological balance.

With Democrats holding a nearly filibuster-proof margin in the Senate, the confirmation process may be noisy. But it also may lack the same energy and tension were Republicans in a reasonable position to block the nominee.

That doesn't mean conservative groups won't use the occasion to air their views and communicate with their members.

Democrats doubt there will be much punch in a Republican-led pushback.

"I'd venture a guess that the most politically astute conservatives are not enthusiastic at the prospect of igniting a culture war over a Supreme Court nominee" under these circumstances, said Jennifer Palmieri, a former Clinton White House aide now with the Center for American Progress.

Souter, who is expected to return to his native New Hampshire, is the youngest of three members of the court who have figured in retirement speculation in recent years. Justice Ruth Bader Ginsburg is 76 and recently underwent cancer surgery. Justice John Paul Stevens is 89, the oldest member of the court.

But one of the ironies confronting Obama is that even replacing all three would not allow him to fundamentally alter the court's makeup on key cases in which there often are four judges predictably on one side, four on the other, and Justice Anthony Kennedy in the middle, in effect the deciding vote.


smile.gif
Davis 2.0
Dream on.
Davis 2.0
Sessions to take over top Republican slot on the Judiciary Committee.

With the switch of Sen. Arlen Specter (PA) to the Democratic party, the top GOP slot on the Judiciary Committee opened up. The Hill reports that Sen. Jeff Sessions (R-AL) has secured the spot:

Under terms of the deal, Sessions will serve as ranking member until the 112th Congress, when he will take over the ranking member post on the Senate Budget Committee. Current Budget Committee ranking member Judd Gregg (R-N.H.) is retiring at the end of the 111th Congress.

Grassley, the top Republican on the Finance Committee, will then become ranking member on the Judiciary Committee.

The Hill reports that the move is “likely to please conservative organizations around Washington,” who view Sessions as “the better spokesman, and more likely to lead the Republican charge in questioning the nominee.” In 2005, Sessions spoke out against the use of the filibuster to block President Bush’s Supreme Court nominees — will he do the same for President Obama?

http://thinkprogress.org/2009/05/04/sessions-top-judiciar/
cptrev
What exactly does "empathy" mean in a courtroom?

The law says you're not supposed to kill people, but since you're a minority, and a famous one too, we'll let it slide? I expect nothing much better from a dozen morons - but I've always thought the role of a judge, let alone a SCOTUS judge, was to enforce the "justice is blind" ideal.

The problem USED to be that bigshots got a better shot at getting their way in court. Law is an area where I don't want to see a "pendulum" - I just want the law, as written, to be applied.

Empathy and judgement apply in determining punishment. I watched a traffic judge waive a fine and ticket for a minor as long as she'd attend his "good decisions" school. I watched him then double the fine for a moron that wanted to pay no fine because "she was only speeding because she was late for work".

He didn't change the law for either - he just showed "empathy" (and wisdom and good judgement IMHO) in determining the right punishment for the infraction.
Davis 2.0


Welcome back!


We've been wondering about you.

Good to see you!
This is a "lo-fi" version of our main content. To view the full version with more information, formatting and images, please click here.
Invision Power Board © 2001-2009 Invision Power Services, Inc.