Law Scalia Died today

Obama isn't choosing Scalia's replacement. He already screwed the pooch twice with Kagan and Sotomayor. He's done. We can wait a year.
 
PHATV said:
Obama isn't choosing Scalia's replacement. He already screwed the pooch twice with Kagan and Sotomayor. He's done. We can wait a year.
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...but for what?
 
The next POTUS should fill that seat. Simple as that. And with the senate being republican, that's likely how this shakes out. Thank goodness. That's all I'm saying.

Whoever that is (next POTUS), it is.
 
This is what Mitch McConnel was put on Earth to do. The Senate needs to hold the line for a unprecedented amount of time but if they do not America is in trouble. I truly believe that this election and Scalia's replacement dictate the fate of the Republic for the next 100 years. How many 5-4 decisions have there been in the past few years? If you are part of the NRA send money earmarked specifically ear marked for this. If you are part of GOA send money. If you are unaffiliated with a lobby then write and call your Congressman and Senator. If you don't like the idea of government mandated green cars, illegals voting and single shot smart guns then you need to act. Be passionate and political even if you have never been in your life because this election dictates our countries path for the rest of your life. Ask yourself what sort of country do you want to leave for your kids and you'll get out that checkbook and take time off to attend that rally.
 
sloppypie said:
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.
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thanks for taking the time to write this
 
PHATV said:
The next POTUS should fill that seat. Simple as that. And with the senate being republican, that's likely how this shakes out. Thank goodness. That's all I'm saying.

Whoever that is (next POTUS), it is.
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Righ wingers are the most hypocritical people on this planet.

Obama is the president, its his appointment.

Tie up the court for a fucking year?

You folks are truly ill.
 
PHATV said:
The next POTUS should fill that seat. Simple as that. And with the senate being republican, that's likely how this shakes out. Thank goodness. That's all I'm saying.

Whoever that is (next POTUS), it is.
Click to expand...
That is against the Constitution. The president nominates the Supreme Court justice. Nowhere in the Constitution does it say if the president is a lame duck he can't nominate a justice. The funny part if Obama was a republican and the Dems were trying to pull this bullshit, the right would be going ape shit.
The GOP may not have a choice because, it will look like they are obstructing.
 
I've read a few other post from attorneys on other boards that were very insightful
 
alanb said:
This is what Mitch McConnel was put on Earth to do. The Senate needs to hold the line for a unprecedented amount of time but if they do not America is in trouble. I truly believe that this election and Scalia's replacement dictate the fate of the Republic for the next 100 years. How many 5-4 decisions have there been in the past few years? If you are part of the NRA send money earmarked specifically ear marked for this. If you are part of GOA send money. If you are unaffiliated with a lobby then write and call your Congressman and Senator. If you don't like the idea of government mandated green cars, illegals voting and single shot smart guns then you need to act. Be passionate and political even if you have never been in your life because this election dictates our countries path for the rest of your life. Ask yourself what sort of country do you want to leave for your kids and you'll get out that checkbook and take time off to attend that rally.
Click to expand...
Herp Derp.
 
PHATV said:
The next POTUS should fill that seat. Simple as that. And with the senate being republican, that's likely how this shakes out. Thank goodness. That's all I'm saying.

Whoever that is (next POTUS), it is.
Click to expand...
You are a coward and a crybaby. You will also be very disappointed in November.
 
Let us not forget the president who could apparently do no wrong, Ronald Reagan, in his last year of his presidency, appointed and had confirmed Justice Kennedy.
So the lame duck theory and lack of precedent lacks merit.
 
afrdzak said:
Let us not forget the president who could apparently do no wrong, Ronald Reagan, in his last year of his presidency, appointed and had confirmed Justice Kennedy.
So the lame duck theory and lack of precedent lacks merit.
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Let's remember Kennedy was appointed the year before and confirmed in Reagan's last year. Let's also remember two other people were appointed prior to Kennedy and the Senate refused to confirm them leading to Kennedy as a last minute compromise.
 
alanb said:
Let's remember Kennedy was appointed the year before and confirmed in Reagan's last year. Let's also remember two other people were appointed prior to Kennedy and the Senate refused to confirm them leading to Kennedy as a last minute compromise.
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Is there any precedent for a president not filling a vacancy because it came up in his last year? Or for the Senate outright stating that they will not accept an elected president's legitimacy? IMO, Republicans are in really dangerous territory here. I think we're closer to outright fascism than we've ever been (note that 43% of Republicans say they could see supporting a military coup).
 
alanb said:
Let's remember Kennedy was appointed the year before and confirmed in Reagan's last year. Let's also remember two other people were appointed prior to Kennedy and the Senate refused to confirm them leading to Kennedy as a last minute compromise.
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Yes, nominated in November, confirmed in February. For all intents and purposes, his final year! Doesn't change any of what I said regarding lack of precedent and/or the lame duck theory being mentioned by many.
 
Jack V Savage said:
Is there any precedent for a president not filling a vacancy because it came up in his last year? Or for the Senate outright stating that they will not accept an elected president's legitimacy? IMO, Republicans are in really dangerous territory here. I think we're closer to outright fascism than we've ever been (note that 43% of Republicans say they could see supporting a military coup).
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I'll give you the courtesy of answering your question in a unbiased fashion.
In all honesty this will be the longest the Senate will have gone with out confirming a Justice. There is precedent for not appointing a Justice in the final term of the President but those were typically lame duck presidents. So much closer to the end of there term i.e. a month or two rather than 11. I think the longest that a Supreme Court position has gone without being filled is 126 days. 351 days will be unprecedented.
 
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