Law Scalia Died today

[KONG-D'SNT-TAP]

So a Supreme Court Justice dies and they want to prevent the presiding president from nominating a new justice. We have some great Constitutionalists here.

Let's all follow the constitution until we disagree with it and then we should twist to suit our needs.

The only time right wingers love the constitution is when it pertains to guns.

Other than that they constantly shit all over it.

As this thread is a good indicator of

 

[KONG-D'SNT-TAP]

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

This is the same guy who did everything in his power to show is hatred for homosexuals.

 

[sloppypie]

Perhaps you should view the PDF accompanied in the article. Which, without detail, gives Sotomayor a .8/1 (1 being considered most qualified). Which is laughable considering she's never served as a judge prior to being nominated.

i think you are thinking of kagan. sotomayor was an appellate court judge for like 10 years.

 

[GearSolidMetal]

i think you are thinking of kagan. sotomayor was an appellate court judge for like 10 years.

Ah, I stand corrected.

 

[sloppypie]

I actually made this account b/c i've lurked the forums for years just as entertainment, but scalia's death was pretty impactful for me. when i was in law school this guy's opinions were EVERYWHERE, and always the more entertaining to read. i'm not sitting here crying in my chair, but it was definitely a sad day.

i wasn't a huge fan of his harsh rhetoric in the last 8 years or so, but his presence and influence is undeniable. he basically reformed oral arguments to involve highly aggressive questioning that encouraged more probing into the arguments. and if you want to read some powerful opinions, look up his opinions on some of his 4th amendment cases (there are numerous ones) b/c he had a pretty healthy respect for maintaining search and seizure boundaries.

he'll definitely be on the wrong side of history on many issues when people look back, particularly for gay rights and citizens united. his opinions though will be read and studied for years to come, not just for his wit but for his sound legal reasoning (and his unsound reasoning).

one of his most notable decisions was, imo, the landmark gun case heller v. d.c. there is also mcdonald v chicago, which scalia didn't author the opinion (alito did) but was pretty instrumental in the overall construction of this case too. no supreme court in roughly 200 years ever touched the 2nd amendment, and nobody ever established self defense rights via common law precedence. it wasn't even incorporated with the other bill of rights, so for it to now establish an actual right and to apply to the states is a very big deal in terms of landmark cases. though these cases didn't get a whole lot of press in the news, which i always found odd considering what a hot button topic guns are. for those interested here are two links to the decisions (not intending to hijack but they are good reads for anyone with interest)

i just felt like imparting some thoughts somewhere b/c i really did admire and respect him while at the same time kinda hating him, which truthfully few people are able to do that. today people paid their respects but tomorrow it's gonna be an ugly political dogfight on replacing him, so it feels nice to at least get a little bit of my own respect in before the fat kid race starts in the world of politics.

 

[Greoric]

Dude, do you have to slime up every thread with this kind of thing? You made a bad prediction. Get over it. You're so low, man.

Project much? By the way how's your S&P index fund doing these days?

 

[Throttlehead]

too bad it wasn't potus

Extreme right wingers are a fun bunch.

 

[Greoric]

Oh, is that all? Just that he basically wants to subvert the Constitution by insisting that a legitimately elected president not be allowed to fulfill his duty? No biggie, right?

This is rich. JVS is writing about not subverting the constitution. How convenient.

 

[ihavefaith]

Rest in piss you fat piece of shit

 

[Ruprecht]

I like this one best:

Not sure he always practiced what he preached. The blocking of the Clean Power Plan in particular seems like an overstep, and one which threatens the separation of powers.

 

[ihavefaith]

Worlds tiniest violin, etc.

Fuck him.

This. Fuck him X1000. Burn in hell motherfucker.

 

[machidafan99]

This changes everything unless Ruth retures during the next pres cycle and the pres is a republican and choses a conservative judge.

"The Nine" decide much.

 

[Lethal_Striker]

Obama is still president for 11 months, anyone who honestly thinks the Supreme Court should try numerous cases between now and then down a justice short handed is a total idiot. As long as Obama nominates a qualifies candidate he should become a justice. If it was during the lameduck period after the election then maybe you would have a case but we're still 9 months away from even the lameduck part of the Obama's presidency.

 

[OverCoronavirus Pressure]

The man said he wouldn't be partisan in his decisions, then as soon as he took his seat he dropped the pretense and came on full conservative, never wavered from letting his ideology call the shots, and started an institution for the goal of putting more conservative judges into positions of power.
I'm not crying about his early retirement.

 

[44nutman]

Obama should nominate Trumps sister.

 

[PainIsLIfe]

I don't see any way for the GOP to block Obama for 300+ days. If it was later then they would have a chance but in this case I just don't see it happening.

300+ days doesn't sound like much:


George W. Bush nominated Estrada to a position on the United States Court of Appeals for the D.C. Circuit on May 9, 2001. He received a unanimous "well-qualified" rating from the American Bar Association.

Leaked internal memos to Democratic Senate Minority Whip Dick Durbin mention liberal interest groups' desire to keep Estrada off the court partially because "he is Latino," and because of his potential to be a future Supreme Court nominee.​

On March 6, 2003, there was the first of seven failed cloture votes on Estrada.[8] Fifty-five senators voted to end debate on his nomination and allow a final confirmation vote, and forty-four senators voted not to end debate.[9] After twenty-eight months in political limbo and a protracted six-month battle using the filibuster, Estrada withdrew his name from further consideration on September 4, 2003.[10] Bush nominated Thomas B. Griffith in his place, who was confirmed in 2005 under the terms of the Gang of 14 Deal.

 

[PainIsLIfe]

Later, nine other conservative court of appeals nominees were also filibustered. These nine were Priscilla Owen, Charles W. Pickering, Carolyn Kuhl, David W. McKeague, Henry Saad, Richard Allen Griffin, William H. Pryor, William Gerry Myers III and Janice Rogers Brown.[11]
On May 24, 2005, seven moderate senators of each party, called the Gang of 14, in a deal to avoid the use of the "nuclear option", agreed to drop the filibuster against three of the seven remaining affected court of appeals nominees (Priscilla Owen, Janice Rogers Brown, and William Pryor) but not two others (Henry Saad and William Myers).[13] In addition, the senators in the group agreed not to block future judicial nominees with filibusters except in cases involving "extraordinary circumstances".

As a direct result of the deal, the two filibustered nominees not mentioned in it (David W. McKeague and Richard Allen Griffin) were confirmed, as was Thomas B. Griffith, the person nominated to replace Miguel Estrada after his withdrawal. Griffith too had become the subject of controversy.[14] Since Saad had no hope of a successful cloture vote to overcome his filibuster due to the deal, he withdrew his nomination in the spring of 2006

After the November 7, 2006 election in which Democrats picked up six additional Senate seats, President Bush again renominated the candidates whose nominations had been sent back to him in September. The Republican Judiciary Committee chairman, Senator Arlen Specter, however, said that he would not process these nominees during the lame duck session of the 109th Congress

 

[PainIsLIfe]

At the beginning of the 110th Congress in January 2007, President Bush did not renominate Boyle, Myers, Haynes and Wallace in an attempt at reconciliation with the Democrats

A total of eleven appellate seats with Bush nominees were left open at the end of the 110th Congress. Of those seats, two (i.e. the North Carolina and Maryland seats of the Fourth Circuit) had originally become available to fill during the administration of President Bill Clinton.

 

[afrdzak]

A more apt comparison may be to GW's Supreme Court Nominations, which were confirmed without issue (including Alito). Meiers withdrew due to Republican opposition.

 

[ILLogic]

The Onion headline seems most appropriate.

Justice Scalia Dead Following 30-Year Battle With Social Progress

http://www.theonion.com/graphic/justice-scalia-dead-following-30-year-battle-socia-52356