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  1. #46

    Re: Scalia Confirmed Dead at 79

    It will be very interesting to see who he does nominate and how people react to the nomination. I missed tonight's debate, but I believe that it was brought up during the debate. Any see it?
    "And for my next fearless prediction..."

  2. #47

    Re: Scalia Confirmed Dead at 79

    Re the short list Dry posted:

    I think the two 63 year olds and possibly the 56 year old are out (I think that was Loretta Lynch).
    "Even if you dance for your enemy on the rock, he will accuse you of splashing water on him." ~ African Proverb




  3. #48

    Re: Scalia Confirmed Dead at 79

    Scalia's death set to affect court's rulings in current term
    WASHINGTON | By Lawrence Hurley

    The death of Justice Antonin Scalia on Saturday means that the normally nine-member U.S. Supreme Court will probably be down to eight when it rules on such divisive issues as abortion, immigration, affirmative action and the power of public-sector unions.

    With a replacement unlikely to be appointed before the current Supreme Court term ends in June, there is the possibility it will be split 4-4 on a string of rulings. When the court is equally divided, the lower court ruling remains in place but no national precedent is set.

    Scalia's death will affect cases that have not yet been argued and those in which arguments were already held but no ruling has been issued. Court experts say that any preliminary votes Scalia took on cases already argued will no longer count.

    For a graphic of major cases before the court in the current term, see tmsnrt.rs/1Mcg8WN

    His death could deprive the court's conservative majority of some major wins, but does not guarantee wins for liberal causes. In the short term, Justice Anthony Kennedy, a conservative who sometimes sides with the four liberals, will still be the key vote.

    That could change the outcome of a major case argued in January that could affect the influence of public-sector unions. The issue is whether public employees who do not want to join a union can be required to pay “fair share” service fees, which are equivalent to members' dues, without violating First Amendment rights of free speech and association. Based on the oral arguments, it appeared the conservative majority was ready to vote against the unions.

    Now, a 4-4 split is a likely outcome, which would hand a win to the unions as that would leave the lower court's ruling in their favor in place.

    Similarly, the court in December considered an important affirmative action dispute over whether a University of Texas admissions program that considers the race of some applicants to ensure campus diversity violates the constitutional guarantee of equality. It was unclear based on the oral argument how the court would vote.

    Justice Elena Kagan was already recused in that case, so Scalia's death means there can no longer be a 4-4 split. The liberal wing could now win if Kennedy joins them. That would lead to an unexpected victory for affirmative action advocates.

    The court has not yet heard oral arguments in three major cases in which Scalia was likely to be a key vote on the conservative wing of the court.

    On March 2, the court will consider a tough new abortion law in Texas that women's health providers say infringes upon the constitutional right of women to have an abortion. The law requires clinics carrying out abortions to have costly hospital-grade facilities and requires physicians carrying out abortions to have admitting privileges at a hospital within 30 miles of where they are operating. It is the court's first abortion case since 2007. If the court was split 4-4, the law would be upheld.

    In April, the court is due to weigh President Barack Obama's bid to resurrect his plan to shield more than four million illegal immigrants from deportation, a unilateral executive action he took in 2014 to bypass the Republican-led Congress. Scalia's death does not necessarily boost the administration's chances. Obama's executive action was blocked by lower courts, meaning a 4-4 split would leave that ruling intact.

    (Reporting by Lawrence Hurley; Editing by Martin Howell)

    http://www.reuters.com/article/us-us...source=twitter
    "Even if you dance for your enemy on the rock, he will accuse you of splashing water on him." ~ African Proverb




  4. #49
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    Re: Scalia Confirmed Dead at 79

    Quote Originally Posted by Jeff in TX View Post
    It will be very interesting to see who he does nominate and how people react to the nomination. I missed tonight's debate, but I believe that it was brought up during the debate. Any see it?
    I caught bits and pieces. The audience was obnoxious. They were like a mob hoping for a blood bath. And most of the "performers" on stage didn't disappoint.
    Oh Grigor. You silly man.

  5. #50
    Everyday Warrior MJ2004's Avatar
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    Re: Scalia Confirmed Dead at 79

    I saw the first question, which was about Scalia. Trump was hilarious, because, as always, he did not shield true motives. He did not pretend that the president should not do his job. He responded that as president he would also nominate now, but that "Mitch and company" should delay, delay, delay, otherwise it would be a big blow to conservatism. Kasich followed up with the standard party line.


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  6. #51

    Re: Scalia Confirmed Dead at 79

    Quote Originally Posted by MJ2004 View Post
    I saw the first question, which was about Scalia. Trump was hilarious, because, as always, he did not shield true motives. He did not pretend that the president should not do his job. He responded that as president he would also nominate now, but that "Mitch and company" should delay, delay, delay, otherwise it would be a big blow to conservatism. Kasich followed up with the standard party line.


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    And that is why Trump is not going anywhere. He calls it as he -and everyone else- sees it.
    Meet again we do, old foe...

  7. #52

    Re: Scalia Confirmed Dead at 79

    Quote Originally Posted by Drop-shot View Post
    And that is why Trump is not going anywhere. He calls it as he -and everyone else- sees it.
    That's exactly why he is a frontrunner for the nomination at the moment. A large chunk of Republican voters prefer this kind of straight talk.
    Roger forever

  8. #53
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    Re: Scalia Confirmed Dead at 79

    Quote Originally Posted by Ti-Amie View Post
    I think the two 63 year olds and possibly the 56 year old are out (I think that was Loretta Lynch).
    Lynch was likely eliminated from consideration when she and the Justice Department did the right thing and filed suit against the city of Ferguson, Missouri for, basically, systemic racism.

  9. #54

    Re: Scalia Confirmed Dead at 79

    President Obama has a habit of winning the fights the Republicans pick with him. There are several people on that list who already have bipartisan support so I expect him to nominate one of them. It's a good campaign issue and if the Republicans do what they say and start delaying I hope the Democrats are ready with some good attack ads.
    "Even if you dance for your enemy on the rock, he will accuse you of splashing water on him." ~ African Proverb




  10. #55
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    Re: Scalia Confirmed Dead at 79

    Once again I am reminded that it is absolutely INSANE that the supreme court has so much power when they don't even pretend that it's anything other than a partisan game of "stacking the team with your guys". Does anyone have any interest in having a non-political body doing the vetting, making the nominations based on qualifications and having the politicians pretty much rubber stamp it?

  11. #56

    Re: Scalia Confirmed Dead at 79

    I don't think that the older possible nominees will be disqualified. On the contrary, they might have the advantage of age as in "they will drop dead sooner" than a 48 year old nominee. Imagine if Obama can get a younger justice, who would, in general, be more liberal. That person could easily sit on the court for 25 years, even more as medical technology improves.
    It might be a vote as with Ratzinger (the Pope). He was elected as he was old and nobody expected him to last too long. The church was tired of JPII on that throne for that long.

    Separate crazy opinion: Supreme Court judges should not be for life. A long term, yes. But for life, no. Then you end up with 25 years of Antonin Scalia, deeply rooted in ancient morality and prehistoric beliefs.
    Starry starry night

  12. #57
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    Re: Scalia Confirmed Dead at 79

    Quote Originally Posted by ponchi101 View Post
    Separate crazy opinion: Supreme Court judges should not be for life. A long term, yes. But for life, no. Then you end up with 25 years of Antonin Scalia, deeply rooted in ancient morality and prehistoric beliefs.
    Or there should be a removal process, if the person is just clearly not making reasonable legal judgements, but instead appealing to morality and that kind of junk.

  13. #58

    Re: Scalia Confirmed Dead at 79

    It all come back to American concept of "living constitution" and that in turn goes back to virtual impossibility of actually changing that document. As long as that is true judges will be necessarily partisan and will have to be elected if not for life then for a very long time. Mandatory retirement age (75?) might be a reasonable option.
    Roger forever

  14. #59

    Re: Scalia Confirmed Dead at 79

    Quote Originally Posted by Woody View Post
    Or there should be a removal process, if the person is just clearly not making reasonable legal judgements, but instead appealing to morality and that kind of junk.
    Actually reasonable legal judgments going by what is actually written in the constitution would be very, very conservative. Reactionary even...
    Roger forever

  15. #60

    Wink Re: Scalia Confirmed Dead at 79

    Quote Originally Posted by suliso View Post
    It all come back to American concept of "living constitution" and that in turn goes back to virtual impossibility of actually changing that document. As long as that is true judges will be necessarily partisan and will have to be elected if not for life then for a very long time. Mandatory retirement age (75?) might be a reasonable option.
    That's one thing Kirchner did well. They implemented a mandatory retirement age.
    Meet again we do, old foe...

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