Law Scalia Died today

[ocean size]

Lifetime appointments are supposed to insulate the Justices from pressure to rule in popular ways to maintain their jobs.

Yes allowing for Earl Warren situations.

 

[Mark Hunts FIST]

We knew the next pres would need to do this. Sooner than expected for sure. This will not be an issue for Obama though. No way anyone he puts up gets confirmed.

 

[Quipling]

Lifetime appointments are supposed to insulate the Justices from pressure to rule in popular ways to maintain their jobs.

Also, a useful comparison can be made by looking at judges in state courts, who are appointed for shorter terms, often via election. Which makes things substantially worse.

Tenure makes giving the position powerful, but it makes for better decision making on the whole.

 

[Rod1]

The founding father's had a lot of wisdom in these kind of things. They designed the government to be stable, not reactive. Could you imagine what the country would be like if the Supreme Court changed every 4 years?

Because its either for life or every 4 years? here in Mexico, they have 15 years tenure, thats almost 3 presidential elections here in Mexico.

 

[ncordless]

So Obama gets another SCOTUS appointment?

Yup. Winner of election will get at least one as well.

I will say for Obama, his choice of Kagen was very good. She is the heir to Scalia's excellence in opinion writing. You can not like Scalia or Kagen, but they both perform their duty with extremely high craftsmanship (most of the time . . . Scalia's dissents could be too hasty at times)

 

[Rod1]

Lifetime appointments are supposed to insulate the Justices from pressure to rule in popular ways to maintain their jobs.

Again, why does it have to be either lifetime or a short period? 10-20 years tenure with no reelection possible would serve the same purpose without robbing generations from electing their own judges.

 

[carlos cadona]

Here's an idea Obama appoints himself lol.

 

[Goatenstein]

The supreme court is a joke.

 

[NelmarksGhost]

Over half the war room is now currently having a stiff drink, and staring wistfully at a framed portrait of Reagan.

 

[Lord Coke]

Heller was only 5-4
If Obama gets another judge the Second Amendment may be dead

 

[ocean size]

I think, and please correct me if I'm wrong, this makes the next election even more important.
Wasn't Ginsberg waiting until next year to retire because there wouldn't be time for Obama have another Justice appointed?

Well if you are right, I am wrong.

Anyone know how long it usually takes to go from dead judge to new judge nominated and confirmed? Seems like he could try for a moderate type to get past congress before his term is over.

Also, if we have a GOP supermajority any time soon and a GOP president, will they attempt to expand the court if Obama gets a nominee confirmed?

 

[Lead]

Here's an idea Obama appoints himself lol.

I was just thinking, he could've potentially been nominated to replace Scalia with a few months leeway. I don't think he actually wants that job though but who knows. That would complete the Obama Hillary backscratching.

 

[ocean size]

Also, don't you love when 'possibly losing the conservative majority' somehow becomes "B Hussein Obama IS DESTROYING THE FABRIC OF OUR JUDICIAL SYSTEM"

 

[GSP in 2006]

Again, why does it have to be either lifetime or a short period? 10-20 years tenure with no reelection possible would serve the same purpose without robbing generations from electing their own judges.

In a vacuum 10-20 sounds good, BUT what about when that judge gets down to 1 year & they want to get reelected. They start making rulings based on current populist trends, not for sound legal reasons. Its better to let the Justices work in a vacuum, free from making the court room a re-election event.

 

[Lead]

Well if you are right, I am wrong.

Anyone know how long it usually takes to go from dead judge to new judge nominated and confirmed? Seems like he could try for a moderate type to get past congress before his term is over.

Also, if we have a GOP supermajority any time soon and a GOP president, will they attempt to expand the court if Obama gets a nominee confirmed?

My guess is there will be somewhat of a push to ease to a moderate to have it happen quicker. Either way, the GOP sees this as a lose though since Scalia was far far right out of the nine. If this was ginsburg with Obama, it wouldn't have mattered so much I think.

They already were throwing names around and mentioned a DC circuit guy who got put in unanimously. 48 year old indian. Couldn't hear the name well.

 

[NelmarksGhost]

Meanwhile republican campaign staffers are sniffing coke and feverishly writing their candidates eulogy for Scalia.

 

[Zankou]

Brilliant jurist and will be missed. That said, the last four appointees have been excellent. I have confidence the post-Thomas streak will be kept going by Obama with another good candidate.

 

[K1levelgrappler]

Try to imagine a much, much smarter version of Ripskater in one of most influential positions in the land and you end up with Antonin Scalia.

http://nymag.com/news/features/antonin-scalia-2013-10/index3.html

You believe in heaven and hell?
Oh, of course I do. Don’t you believe in heaven and hell?

No.
Oh, my.

Does that mean I’m not going?
[Laughing.] Unfortunately not!

Wait, to heaven or hell?
It doesn’t mean you’re not going to hell, just because you don’t believe in it. That’s Catholic doctrine! Everyone is going one place or the other.

But you don’t have to be a Catholic to get into heaven? Or believe in it?
Of course not!

Oh. So you don’t know where I’m going. Thank God.
I don’t know where you’re going. I don’t even know whether Judas Iscariot is in hell. I mean, that’s what the pope meant when he said, “Who am I to judge?” He may have recanted and had severe penance just before he died. Who knows?

Can we talk about your drafting process—
[Leans in, stage-whispers.] I even believe in the Devil.

You do?
Of course! Yeah, he’s a real person. Hey, c’mon, that’s standard Catholic doctrine! Every Catholic believes that.

Every Catholic believes this? There’s a wide variety of Catholics out there …
If you are faithful to Catholic dogma, that is certainly a large part of it.

Have you seen evidence of the Devil lately?
You know, it is curious. In the Gospels, the Devil is doing all sorts of things. He’s making pigs run off cliffs, he’s possessing people and whatnot. And that doesn’t happen very much anymore.

No.
It’s because he’s smart.

 

[Rod1]

In a vacuum 10-20 sounds good, BUT what about when that judge gets down to 1 year & they want to get reelected. They start making rulings based on current populist trends, not for sound legal reasons. Its better to let the Justices work in a vacuum, free from making the court room a re-election event.

Read my post friend.

 

[Lead]

For the lifetime term complaint, the SC decides on the long term decisions of the country. To have sustainable health decisons, you do not want them focusing on current majority opinion but have them try to look to the future of how the ruling will help/hurt the country and also look at the history of the law to decide these things well. The only thing I could see okay against it is terms limits but still for a decent amount of time. Still think lifetime appointment is better.