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  1. #46

    Re: Supreme Court Watch

    I don't know what the solution is, but surely you'd agree that the current system is horribly broken.
    Roger forever

  2. #47

    Re: Supreme Court Watch

    Quote Originally Posted by suliso View Post
    I don't know what the solution is, but surely you'd agree that the current system is horribly broken.
    Well the Supreme Court was never meant to be a rubber stamp for whoever is occupying the WH. Neither was the DOJ meant to be that persons personal law firm. And yet here we are.

    So much of governing that evolved into custom is going to have to be made law.
    “No matter how cynical I get, I just can't keep up.” – Lily Tomlin.




  3. #48

    Re: Supreme Court Watch

    Quote Originally Posted by suliso View Post
    I don't know what the solution is, but surely you'd agree that the current system is horribly broken.
    Not at all. Viewing everything from the perspective of this idiot's corruption is being a prisoner of the moment. Why would I take what has happened for 4 years over what has occurred the other 225 years as being more representative?

  4. #49

    Re: Supreme Court Watch

    Quote Originally Posted by JazzNU View Post
    Not at all. Viewing everything from the perspective of this idiot's corruption is being a prisoner of the moment. Why would I take what has happened for 4 years over what has occurred the other 225 years as being more representative?
    I didn't necessarily mean Trump in this case. More the extreme importance of Supreme court picks and a totally random nature of vacancies arising. Why should one president whoever he is get to determine the future of the court three decades down the line?
    Roger forever

  5. #50

    Re: Supreme Court Watch

    Ginsburg could have easily died a year ago or half a year from now.
    Roger forever

  6. #51

    Re: Supreme Court Watch

    Quote Originally Posted by Togtdyalttai View Post
    The problem is that the constitution says they serve for life, so changing that would take an amendment which is not going to happen. Changing the number of justices is easier, though possibly not as palatable to the public.
    In this case the best option -an amendment- is the hardest (in terms of carrying it out). I would warn against touching the number of justices, once you go down that road, anyone in power can start toying with it to fill it with servile justices. Speaking out of experience here.

    Quote Originally Posted by JazzNU View Post
    It would create more problems, not solve any. 10 years might work in countries that don't have the history of ours especially with regards to slavery, Jim Crow, freedom of religion, right to privacy, and due process. A longer term is necessary. Many hallmark court cases would've been overturned if 10-year terms were instituted because that short length promotes a certain level of instability.
    Disagree. When you have someone unfit, you're stuck with them for a very long time. In the same manner, bad decisions also stand much more than they should. Also, with the rate of new issues (societal and technological specially) you're stuck with a crew of 70+ people who are out of touch with these issues. Society evolves much quicker and so should its justice.

    But in the end, longer life spans have made this an issue that needs to be dealt with.
    Meet again we do, old foe...

  7. #52

    Re: Supreme Court Watch

    We don't have more problems at a higher rate, we have more attention on problems. You can make a case for having less than life terms, but you can't make a good case for having 10-year terms addressing the history that I laid out.

    Fixing US problems with other countries' systems while ignoring US history is highly problematic.

    @suliso, one president shouldn't. Not counting Ginsburg's potential replacement, this president was gifted one additional pick that he didn't deserve skewing perspective on the influence of one president's appointments. It's a problem that the legislature has been fully corrupted by the executive. That is a much, much bigger issue than the SC's makeup. The system of checks and balances means each of the 3 branches needs autonomy. When one corrupts the another, you can greatly manipulate the government to suit your agenda as we have seen. It's also a problem that a majority vote gets in your SC nomination when it never did before. That was the biggest safeguard that never should've been abandoned.

  8. #53

    Re: Supreme Court Watch

    Neither the SC nor the AG should be nominated by the President, nor confirmed by the Senate. It then becomes a political game.
    Chile, I recently found out, has a special college to nominate and confirm those positions.
    How long should they serve? 18 years. Staggered. Every two years a new member is elected. So every presidential cycle will see two justices replaced.
    Minimum age at nomination: 50. Maximum 60.
    Face it. It's the apocalypse.

  9. #54

    Re: Supreme Court Watch

    Quote Originally Posted by ponchi101 View Post
    Neither the SC nor the AG should be nominated by the President, nor confirmed by the Senate. It then becomes a political game.
    Chile, I recently found out, has a special college to nominate and confirm those positions.
    How long should they serve? 18 years. Staggered. Every two years a new member is elected. So every presidential cycle will see two justices replaced.
    Minimum age at nomination: 50. Maximum 60.
    Interesting. Not sure I agree 100% on the age boundaries, but still, an intersting take.
    Meet again we do, old foe...

  10. #55
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    Re: Supreme Court Watch

    Playing catch up...

    1.) Susan Collins has a wet noodle for a spine. I wouldn't count on her to turn down the flame if the stove were on fire. In fact, just thinking about her makes me want to vomit.

    2.) The President will nominate, the Senate will vote, the replacement will be in her robe before January 20th.

    3.) I pray to God Joe Biden wins, the Dems take control of the Senate, maintain control of the House, and increase the bench to 11 justices. When McConnell put Merick Garland's nomination in a drawer he broke the system. And don't believe for a moment they wouldn't increase the court to 11 if they were in that position. Because they wouldn't think twice.

    4.) Screw history. Screw precedence. Screw norms. Screw Republicans.
    Oh Grigor. You silly man.

  11. #56

    Re: Supreme Court Watch

    Who is Amy Coney Barrett, the judge at the top of Trump’s list to replace Ruth Bader Ginsburg?
    By
    Colby Itkowitz
    September 19, 2020 at 5:35 p.m. EDT

    At the top of President Trump’s list to replace Ruth Bader Ginsburg on the Supreme Court is U.S. Circuit Court Judge Amy Coney Barrett, a jurist in the mold of the late Antonin Scalia who fulfills nearly all criteria on conservatives’ wish list.

    At 48 years old, Barrett could hold the lifetime seat for several decades. Trump’s first two nominees to the nation’s highest court, Neil M. Gorsuch and Brett M. Kavanaugh, are in their 50s. Trump’s justices will potentially represent one-third of the Supreme Court for generations.

    Why is she at the top of Trump’s list?

    A devout Catholic who is fervently antiabortion, Barrett appeals to Trump’s conservative base. But Republicans also hope that for moderates such as Sen. Susan Collins (R-Maine), her gender makes her a more palatable replacement for Ginsburg, a feminist icon who spent her life fighting for gender equality.

    Trump considered Barrett in 2018 to replace retired justice Anthony M. Kennedy, but reportedly said he was saving her for Ginsburg’s slot.

    What is her judicial background?

    Trump first nominated Barrett to the U.S. Court of Appeals for the 7th Circuit in 2017. Previously, she’d taught law at the University of Notre Dame for 15 years, so she had no previous judicial record to scrutinize. Democrats balked at her nomination, questioning whether the academic could be an impartial arbiter because of her deep religious convictions. Republicans accused Democrats of applying a religious test in their questioning.

    However, Barrett wasn’t a total novice to the judicial system. Out of law school, she clerked for Scalia, who she considers a mentor and with whom she shares a belief in originalism, which is the idea that judges should attempt to interpret the words of the Constitution as the authors intended when they were written.


    What would be the impact of Barrett’s religion on her rulings on issues such as Roe v. Wade?

    During her confirmation hearing to the appeals court, Barrett said in that role she would “follow all Supreme Court precedent without fail” and would regard decisions such as Roe v. Wade as binding precedent.

    “I would never impose my own personal convictions upon the law,” she added.

    But Democrats pointed to comments she had made at Notre Dame years before about being a “different kind of lawyer.” She said we should always remember that a “legal career is but a means to an end … and that end is building the Kingdom of God.”

    She has previously written that judges shouldn’t be held to upholding Supreme Court precedents, such as Roe v. Wade. In a 2018 Washington Post article that examined how Barrett’s beliefs would affect her decision-making, experts who had studied her writings concluded that she would join other conservatives on the court in supporting overturning Roe v. Wade.


    https://www.washingtonpost.com/polit...coney-barrett/
    “No matter how cynical I get, I just can't keep up.” – Lily Tomlin.




  12. #57

    Re: Supreme Court Watch

    She said we should always remember that a “legal career is but a means to an end … and that end is building the Kingdom of God.”
    This alone should disqualify her. But Tiny has a lot of Opus Dei lunatics around him (AG Barr). I also find the idea that Collins will vote for her because she's a woman a bit condescending but then again we're talking about Susan Collins.
    “No matter how cynical I get, I just can't keep up.” – Lily Tomlin.




  13. #58

    Re: Supreme Court Watch

    In a professional sense she's qualified of course, but of course you still don't want her.
    Roger forever

  14. #59
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    Re: Supreme Court Watch

    Quote Originally Posted by Ti-Amie View Post
    During her confirmation hearing to the appeals court, Barrett said in that role she would “follow all Supreme Court precedent without fail” and would regard decisions such as Roe v. Wade as binding precedent.

    “I would never impose my own personal convictions upon the law,” she added.
    This is pretty meaningless. Lower courts don't have an option where SCOTUS has already spoken on an issue. Overall she seems very willing to overturn any precedent she thinks was wrongly decided, just like Thomas, Kavanaugh and Gorsuch.

  15. #60

    Re: Supreme Court Watch

    BTW. As always, Dems, even when talking about extreme measures, are talking as with the voice of reason. If this woman, or anybody else with her background is named, some people are talking about increasing the Supreme Court number. To 11.
    F*** that. If you are going that way, and you have the Senate, go for 15. Pack that thing with 6 extra 25 years-old, straight out of College liberal graduates, all minorities, all ready to legalize drugs, abortion and back any and all climate change legislation.
    By now, your fight against the GOP is not about politics any more. It goes deeper. And that map I posted a few days ago, about the New Divided States of America might prove to be prescient.
    (Yes, dreaming, but you know what happens if he names a new justice. The SC will be in the hands of lunatics for 3 decades, at a minimum).
    Face it. It's the apocalypse.

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