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 Post subject: Re: The Supreme Court
PostPosted: Wed October 04, 2017 6:42 pm 
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Future Drummer
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Green Habit wrote:
4/5 wrote:
Green Habit wrote:
Looks like there's some hope that Kennedy could step in on gerrymandering:

http://www.scotusblog.com/2017/10/argum ... ting-case/
Speaking of Kennedy, would he really let this buffoon nominate his replacement?
Only Kennedy knows for sure. I wouldn't mind Trump launching a few angry tweets in his direction if he votes in favor of a result Trump doesn't like. The travel ban case would have been perfect but it sounds like they're going to moot that one.

4/5 wrote:
I think Roberts is right that it could open up a floodgate of litigation, but if you believe that gerrymandering is a plague on our democracy that might be a tolerable consequence.
I really dislike that line of thought that Roberts used. The entire job of the courts is to address litigation.

It seems like Roberts likes to play the stature of the court/court is a referee cards whenever he he's okay with the status quo, because he certainly hasn't been afraid to make policy and set fire to precedent when it suits him, like limiting Congress' spending power in the Obamacare case. One could certainly argue that decision would/did open the floodgates to new litigation.

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"I want to see the whole picture--as nearly as I can. I don't want to put on the blinders of 'good and bad,' and limit my vision."-- In Dubious Battle



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 Post subject: Re: The Supreme Court
PostPosted: Thu October 05, 2017 12:47 am 
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4/5 wrote:
It seems like Roberts likes to play the stature of the court/court is a referee cards whenever he he's okay with the status quo, because he certainly hasn't been afraid to make policy and set fire to precedent when it suits him
In fairness to him, this is the same for every justice, and I largely don't have a problem with it.


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 Post subject: Re: The Supreme Court
PostPosted: Thu October 05, 2017 10:47 am 
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Green Habit wrote:
4/5 wrote:
It seems like Roberts likes to play the stature of the court/court is a referee cards whenever he he's okay with the status quo, because he certainly hasn't been afraid to make policy and set fire to precedent when it suits him
In fairness to him, this is the same for every justice, and I largely don't have a problem with it.

Sure.
I admit this could be because I just read a book that was critical of Roberts, The Oath, but it seems that a reasonable argument could be made that the Roberts Court has been the most activist since the Warren Court in spite of rhetoric insisting that he's a firm believer in judicial restraint.

It's probably really just because conservatives typically have 5 votes more than anything else, though.

_________________
"I want to see the whole picture--as nearly as I can. I don't want to put on the blinders of 'good and bad,' and limit my vision."-- In Dubious Battle



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