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Last post 3 years ago by Smooth light. 31 replies replies.
Congrats to Amy Coney Barrett
MACS Offline
#1 Posted:
Joined: 02-26-2004
Posts: 79,858
I was hoping he'd nominate her when he nominated Kavanaugh... but hey, she got in.

Congratulations to her and the constitution.
rfenst Offline
#2 Posted:
Joined: 06-23-2007
Posts: 39,403
MACS wrote:
I was hoping he'd nominate her when he nominated Kavanaugh... but hey, she got in.

Congratulations to her and the constitution.

I congratulate her.
She is highly likely qualified, but just has certain critical social views/legal opinions very different from mine.
The federal judiciary could turn out being Trump's true legacy. I blame Obama.
zitotczito Offline
#3 Posted:
Joined: 08-21-2006
Posts: 6,441
rfenst wrote:
I congratulate her.
She is highly likely qualified, but just has certain critical social views/legal opinions very different from mine.
The federal judiciary could turn out being Trump's true legacy. I blame Obama.


Robert, don't blame Obama, blame RBG. She was clearly ill and could have retired while Obama was in office to avoid what has just happened. Justice Kennedy did exactly that while President Trump was in office.
DrafterX Offline
#4 Posted:
Joined: 10-18-2005
Posts: 98,574

"My colleagues may regret this for a lot longer than they think," he added. 

Nominees once needed 60 votes to be confirmed, but Sen. Mitch McConnell changed the standard in 2017 to allow for a simple majority. That move allowed for the confirmation of President Trump's previous two nominees, Justices Neil Gorsuch and Brett Kavanaugh. 

Former Senate Majority Leader Harry Reid, D-Nev., first eliminated the 60-vote threshold in 2013 to overcome GOP stonewalling of President Obama's nominations to the lower courts and the executive branch. Known as invoking the "nuclear option" at the time, Reid kept the higher standard in place for the Supreme Court. 

The comments by Schumer appeared to be similar to those made by McConnell back in 2013 after the Democratic-controlled chamber eliminated the 60-vote threshold. 

“You’ll regret this, and you may regret it a lot sooner than you think,” McConnell said in 2013, according to the Hill.





Think
Gene363 Offline
#5 Posted:
Joined: 01-24-2003
Posts: 30,862
Amen! Great news for The Constitution.
frankj1 Offline
#6 Posted:
Joined: 02-08-2007
Posts: 44,242
zitotczito wrote:
Robert, don't blame Obama, blame RBG. She was clearly ill and could have retired while Obama was in office to avoid what has just happened. Justice Kennedy did exactly that while President Trump was in office.

yup.

though I'd add that if history teaches us anything about the Supreme Court, it's that many justices don't see all laws through the lenses of their personal political desires.
RayR Offline
#7 Posted:
Joined: 07-20-2020
Posts: 8,939
rfenst wrote:
I congratulate her.
She is highly likely qualified, but just has certain critical social views/legal opinions very different from mine.
The federal judiciary could turn out being Trump's true legacy. I blame Obama.


OK, so spit it out, what critical social views/legal opinions that she has differs from yours?

The real problem is the idea that the general public holds (for no other reason than they've been told to believe it by their respective partisan propagandists) that the federal judiciary is where the buck stops, the majority ruling of these 9 robed lawyers is the final arbiter of what laws are constitutional or not.
That was never the way it was intended, but Jefferson, Madison and others did recognise early on that the Supreme Court could and would likely be used at times by activist judges to sanctify unconstitutional federal policies, that the court as an arm of the federal government would be used to judge the extent of the federal governments own powers.
Of course they were spot on as it happened within their lifetimes, most notably with the Alien and Sedition Acts and many times since.










rfenst Offline
#8 Posted:
Joined: 06-23-2007
Posts: 39,403
zitotczito wrote:
Robert, don't blame Obama, blame RBG. She was clearly ill and could have retired while Obama was in office to avoid what has just happened. Justice Kennedy did exactly that while President Trump was in office.

I am not referring to that, but instead to all the lifetime federal judicial appointments Obama left open for Trump to fill. Trump literally filled hundreds of lower openings with "business-friendly" judges. They will have a much greater effect on our daily lives than any SC appointment could.

As to your point, I think one reason RBG didn't retire under Obama is because RBG knew no liberal Justice could get approved to take her place (the senate was in R control). Then she got real sick, a few times, and probably hoped/wanted to just live long enough until this election to see if a D would be elected president. Had this gone that way, her seat could be filled by a liberal POTUS. She just couldn't hang on any longer.
rfenst Offline
#9 Posted:
Joined: 06-23-2007
Posts: 39,403
frankj1 wrote:
yup.

though I'd add that if history teaches us anything about the Supreme Court, it's that many justices don't see all laws through the lenses of their personal political desires.

My comment referred to the entire federal judiciary, not the SC.
Smooth light Offline
#10 Posted:
Joined: 06-26-2020
Posts: 3,598
Like one judge can dictate for the whole country, when he only has a small jurisdiction and rules for the populous.
DrMaddVibe Offline
#11 Posted:
Joined: 10-21-2000
Posts: 55,541
MACS wrote:
I was hoping he'd nominate her when he nominated Kavanaugh... but hey, she got in.

Congratulations to her and the constitution.



The President has said more than once that he wanted a woman to fill a women's spot.

He just might get 2 more appointed to the Supreme Court.
delta1 Offline
#12 Posted:
Joined: 11-23-2011
Posts: 28,821
Obama is not to blame for failing to fill judicial vacancies...that lies squarely in Mitch McConnell's lap - he refused to even consider any of the nominees for at least the last two years of Obama's presidency...

the Dems will likely win the Senate in 2020...and McConnell has left a rich legacy of flaunting political power...what goes around...



I suspect that during 2021, there will be legislation passed by the House and approved by the Senate and signed into law by President Biden to expand the number of Justices in the SCOTUS...not sure what the number will be, but minimum of two, max of 4...
RayR Offline
#13 Posted:
Joined: 07-20-2020
Posts: 8,939
Oh ya, add more leftist judges that will be defacto legislators and rubber stamps to all sorts of unconstitutional stuff. That will fix everything. Confused
Pointguard Offline
#14 Posted:
Joined: 12-17-2016
Posts: 5
She may have different views than you however she has sworn to not let those views reflect in her opinions. The constitution stands alone. If it’s not in the constitution she will be obligated to reject that argument. For example.... she may personally be against flag burning however if a case came before her about a persons right to burn the USA 🇺🇸 she will have to side with the flag burner. It doesn’t matter about her personal views. Same for you. If you were a judge you would have to put aside your personal views and uphold the constitution. It’s the legislature’s job to create law not the Supreme Court.
Pointguard Offline
#15 Posted:
Joined: 12-17-2016
Posts: 5
If Harry Reid kept the standard at 60 senators McConnell would not have made it for all judges. McCONNELL gave Obama every Supreme Court nominee he wanted.
Pointguard Offline
#16 Posted:
Joined: 12-17-2016
Posts: 5
Obama’s democrat party did not control the senate. It’s neither sides fault. Both sides have an equal part in adding judges.
Pointguard Offline
#17 Posted:
Joined: 12-17-2016
Posts: 5
Packing the court is political suicide. It’s an extreme overreach and it will have extreme repercussions.
Pointguard Offline
#18 Posted:
Joined: 12-17-2016
Posts: 5
Packing the court is political suicide. It’s an extreme overreach and it will have extreme repercussions.
Smooth light Offline
#19 Posted:
Joined: 06-26-2020
Posts: 3,598
District judges only rule in their district, not for the rest of the country, it's not their district.





Nine-teen
Whistlebritches Offline
#20 Posted:
Joined: 04-23-2006
Posts: 22,128
frankj1 wrote:
yup.

though I'd add that if history teaches us anything about the Supreme Court, it's that many justices don't see all laws through the lenses of their personal political desires.



The way it should be..........I want all SC Justices to be constitutionalist first and foremost in the likeness of Clarence Thomas.

Congrats ACB
Abrignac Offline
#21 Posted:
Joined: 02-24-2012
Posts: 17,354
The Constitution is very clear regarding separation of powers. It specifically states what branch is responsible for making laws. It does not grant the SCOTUS the ability to make law or policy. That’s left to Congress. It also, provides a path for a super majority to make changes to itself. It would seem to me that an activist SCOTUS violates the articles. If the SCOTUS is allowed to do that then it delegitimizes itself.

The same effect happens when a political party attempts to manipulate the size of the court to get a more friendly decision. Litigants all other courts aren’t allowed to shop for a friendly judge. If the court is packed by either party it essentially accomplished the same thing.

Reid dropped the 60 vote majority rule in order to get circuit and appeals court judges confirmed. It’s no surprise McConnell did the same for SCOTUS justices. I’d like to see that return. Perhaps even a 2/3rds majority. It would for everyone to put partisanship on the back burner. Once the open seats reach a certain level they will start getting voted out.
rfenst Offline
#22 Posted:
Joined: 06-23-2007
Posts: 39,403
Abrignac wrote:
It’s no surprise McConnell did the same for SCOTUS justices. I’d like to see that return. Perhaps even a 2/3rds majority.

Yup.
tailgater Offline
#23 Posted:
Joined: 06-01-2000
Posts: 26,185
frankj1 wrote:
yup.

though I'd add that if history teaches us anything about the Supreme Court, it's that many justices don't see all laws through the lenses of their personal political desires.


In a perfect world, none of them would.
frankj1 Offline
#24 Posted:
Joined: 02-08-2007
Posts: 44,242
tailgater wrote:
In a perfect world, none of them would.

yes.
delta1 Offline
#25 Posted:
Joined: 11-23-2011
Posts: 28,821
Abrignac wrote:
The Constitution is very clear regarding separation of powers. It specifically states what branch is responsible for making laws. It does not grant the SCOTUS the ability to make law or policy. That’s left to Congress. It also, provides a path for a super majority to make changes to itself. It would seem to me that an activist SCOTUS violates the articles. If the SCOTUS is allowed to do that then it delegitimizes itself.

The same effect happens when a political party attempts to manipulate the size of the court to get a more friendly decision. Litigants all other courts aren’t allowed to shop for a friendly judge. If the court is packed by either party it essentially accomplished the same thing.

Reid dropped the 60 vote majority rule in order to get circuit and appeals court judges confirmed. It’s no surprise McConnell did the same for SCOTUS justices. I’d like to see that return. Perhaps even a 2/3rds majority. It would for everyone to put partisanship on the back burner. Once the open seats reach a certain level they will start getting voted out.


I agree with you on this Ant...but it omits that McConnell flouted the rules of the Senate to prevent a duly elected executive branch to exercise its authority to appoint judges...the process was supposed to take some element of partisanship out and replace it with bipartisan advise and consent...pure obstructionism
Whistlebritches Offline
#26 Posted:
Joined: 04-23-2006
Posts: 22,128
delta1 wrote:
I agree with you on this Ant...but it omits that McConnell flouted the rules of the Senate to prevent a duly elected executive branch to exercise its authority to appoint judges...the process was supposed to take some element of partisanship out and replace it with bipartisan advise and consent...pure obstructionism



But if the democrats had done it it would be OK..................We hear ya Al
Speyside Offline
#27 Posted:
Joined: 03-16-2015
Posts: 13,106
Al, McConnell certainly used the rules to the Republicans advantage. But he worked within the rules in a totally legal manner. Maybe, just maybe all 3 of these SCOTUS members are constitutionalists. That would be great. I don't care about their politics, I don't care about their religion, I do care that they reach decisions based on the constitution, that is the only concern anyone should have.
Smooth light Offline
#28 Posted:
Joined: 06-26-2020
Posts: 3,598
If he didn't pass consent you be b*tch'in still.
CATCH 22 ... APPOINT does mean you get.

The writing was on the wall, they can't read or refuse to accept it.
Whistlebritches Offline
#29 Posted:
Joined: 04-23-2006
Posts: 22,128
Speyside wrote:
Al, McConnell certainly used the rules to the Republicans advantage. But he worked within the rules in a totally legal manner. Maybe, just maybe all 3 of these SCOTUS members are constitutionalists. That would be great. I don't care about their politics, I don't care about their religion, I do care that they reach decisions based on the constitution, that is the only concern anyone should have.



DITTO!!!
Abrignac Offline
#30 Posted:
Joined: 02-24-2012
Posts: 17,354
delta1 wrote:
I agree with you on this Ant...but it omits that McConnell flouted the rules of the Senate to prevent a duly elected executive branch to exercise its authority to appoint judges...the process was supposed to take some element of partisanship out and replace it with bipartisan advise and consent...pure obstructionism



Sorry my friend, but I don’t give that any credence at all. Both sides do outlandish 💩.

Read up on how Obamacare was enacted. The House couldn’t send a new bill to the Senate. A new bill would have required a couture vote to pass the Senate. Reid, Pelosi and Obama knew that without 60 Democratic Senators there was no way to end a planned Republican filibuster. So the Democrats reached into their dirty bag of legal tactics and hatched a plan.

The Democratic House sent a routine bill to the Senate which was passed with bi-partisan support. In the Conference Committee the Dems gutted the original bill and rewrote it as Obamacare. Since the initial bill passed both the House and Senate all that was required was a simple majority in each house to send the bill to Obama to sign into law.

So please, I consider you a great friend, but 🛑 painting Republicans as evil cheats. Both parties wear that badge proudly.


Boo hoo!
Smooth light Offline
#31 Posted:
Joined: 06-26-2020
Posts: 3,598
I see a speck in your eye, that's bad. Don't worry about the log mine, it's fine.
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