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 Post subject: Re: The Supreme Court
PostPosted: Thu November 08, 2018 8:27 pm 
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--- wrote:
dimejinky99 wrote:
4/5 wrote:
dimejinky99 wrote:
4/5 wrote:
I'm not a fan of democratically electing judges.

dimejinky99 wrote:
I really don’t understand that. How can a judge be left or right leaning?
They’re there to interpret the law. Surely their personal politics should never be allowed inform their decision? I’ve never heard of conservative judges or liberal judges anywhere else? I’m pretty sure it’s totally forbidden here and in Europe

In the U.S. this typically plays out in a way that conservatives and liberals tend to interpret the Constitution differently, so there will be sometimes be cases where liberal and conservative judges rule differently on the same issue. This isn't necessarily overtly political, although sometimes it sure seems to be. At the same time, it's not something that can be "forbidden."



But that’s not interpreting the law objectively, as they should be doing with no personal moral or political bias. My pal just explained to me it really comes down to some judges view it through the constitution as exactly and originally written and others filter it andadapt it through a modern context. That explains the left/right/conservative/liberal of it all to me, but it still doesn’t make sense they’re allowed interpret personally rather than objectively.

I think the bolded is basically the point. But their job, of course, is to interpret the Constitution objectively.

Take Obamacare for example. 4 Justices believed Congress had the power to pass that law based on the powers given to them in the commerce clause. 4 others felt they weren't allowed to do so because they believe in a much stricter interpretation of the commerce clause. The 9th said Congress had the power to pass the law based on their power to tax. Of course you could make an argument that the 4 who said Congress could do it because of commerce were really just allowing it because they personally favored the policy, but I think it's usually close to impossible to untangle where one's constitutional/judicial philosophies and personal political beliefs start and end.



So that’s where being given the nod for the job by a president with personal interests or party policies comes in and rigs it for their own then right?

That whole system flat out sucks

The system is just fine. There are both horizontal (the legislative and executive branches) and vertical (competing claims to jurisdictional supremacy) checks on the judicial branch that continue to work well enough, though certainly not as optimally as some might prefer.

Following nomination, all SCOTUS nominees have to be confirmed by a majority in the Senate. This process has become nakedly partisan in a way that just wasn't the case until about thirty years ago. Antonin Scalia, paragon of the right's more constrained and "originalist" method of Constitutional interpretation, was confirmed 98-0 in 1986. Ruth Bader Ginsburg, paragon of the left's more expansive and "purposivist" method of Constitutional interpretation, was confirmed 96-3 in 1993.


https://en.wikipedia.org/wiki/List_of_n ... ted_States

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 Post subject: Re: The Supreme Court
PostPosted: Fri November 09, 2018 12:22 am 
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B wrote:
Jesus, my phone actually notified me about RBG's fall. She needs to stop fucking around!


Has any president appointed 3 SCOTUS judges in their first term?

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Kaius wrote:
I really hope we get this figured out soon


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 Post subject: Re: The Supreme Court
PostPosted: Fri November 09, 2018 12:28 am 
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Bi_3 wrote:
B wrote:
Jesus, my phone actually notified me about RBG's fall. She needs to stop fucking around!


Has any president appointed 3 SCOTUS judges in their first term?


Nixon appointed 4 in his first term, I believe.

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McParadigm wrote:
lol


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 Post subject: Re: The Supreme Court
PostPosted: Fri November 09, 2018 12:36 am 
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Simple Torture wrote:
Bi_3 wrote:
B wrote:
Jesus, my phone actually notified me about RBG's fall. She needs to stop fucking around!


Has any president appointed 3 SCOTUS judges in their first term?


Nixon appointed 4 in his first term, I believe.


Hoover, a one-term president, appointed three. Harding, who was only in office for 2 1/2 years before he died, appointed 4.

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McParadigm wrote:
lol


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 Post subject: Re: The Supreme Court
PostPosted: Fri November 09, 2018 12:37 am 
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how many managers did steinbrenner appoint?


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 Post subject: Re: The Supreme Court
PostPosted: Fri November 09, 2018 12:40 am 
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simple schoolboy wrote:
LoathedVermin72 wrote:
simple schoolboy wrote:
LoathedVermin72 wrote:
Then he probably shouldn’t be on the SC huh


Use this one weird trick to make your ideologocal opponent unfit for SCOTUS.

Not the point but nice joke attempt


Would you care to elaborate on this?

Wasn't saying anything about his or my ideology. I was merely suggesting that if someone genuinely believes that every decision he makes will be based on "revenge" against one party, it seems strange that said person - if they cared at all about the integrity of our democracy - would be cool with someone that irrational being in a position to impact our laws and freedoms in this country.

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 Post subject: Re: The Supreme Court
PostPosted: Fri November 09, 2018 12:42 am 
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doug rr wrote:
how many managers did steinbrenner appoint?


Image

"Yogi Berra, Lou Pinella, Bucky Dent, Billy Martin, Dallas Green, Dick Houser, Bill Virdon, Billy Martin, Scott Marrow, Billy Martin, Bob Lemmon, Billy Martin, Gene Michael, Buck Showalter, … uh, tut!, . . .George, you didn't hear that from me!"

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McParadigm wrote:
lol


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 Post subject: Re: The Supreme Court
PostPosted: Fri November 09, 2018 12:46 am 
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:)


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 Post subject: Re: The Supreme Court
PostPosted: Fri November 09, 2018 2:07 am 
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96583UP wrote:
can't wait for ginsburg to announce she has 8 days to live and then Karl Rove gets sworn in

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 Post subject: Re: The Supreme Court
PostPosted: Fri November 09, 2018 2:10 am 
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dry aged ribs


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 Post subject: Re: The Supreme Court
PostPosted: Fri November 09, 2018 2:11 am 
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wrong thread


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 Post subject: Re: The Supreme Court
PostPosted: Fri November 09, 2018 2:13 am 
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no, this is exactly what this thread needs

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 Post subject: Re: The Supreme Court
PostPosted: Fri November 09, 2018 11:34 am 
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doug rr wrote:
dry aged ribs





RBG2: Weekend at Bader-Ginsberg's

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Kaius wrote:
I really hope we get this figured out soon


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 Post subject: Re: The Supreme Court
PostPosted: Fri November 09, 2018 4:56 pm 
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Bi_3 wrote:
doug rr wrote:
dry aged ribs





RBG2: Weekend at Bader-Ginsberg's

:lol:


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 Post subject: Re: The Supreme Court
PostPosted: Fri November 16, 2018 7:31 pm 
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 Post subject: Re: The Supreme Court
PostPosted: Tue November 20, 2018 3:21 am 
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why does this matter again?

i'm not being sarcastic i just don't care to do the google research myself this time

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 Post subject: Re: The Supreme Court
PostPosted: Tue November 20, 2018 11:35 am 
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96583UP wrote:
why does this matter again?

i'm not being sarcastic i just don't care to do the google research myself this time


Illegals get scared, dont answer, federal funding goes down for things like schools. Illegals do answer and here comes the Gestapo.

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Kaius wrote:
I really hope we get this figured out soon


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 Post subject: Re: The Supreme Court
PostPosted: Wed November 28, 2018 5:17 pm 
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This is really good news to hear this.



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 Post subject: Re: The Supreme Court
PostPosted: Thu November 29, 2018 2:30 am 
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gorsuch is an intellectual

kavanaugh is an errand boy

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 Post subject: Re: The Supreme Court
PostPosted: Fri November 30, 2018 2:32 pm 
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Green Habit wrote:
This is really good news to hear this.


So I guess it wasn't you, but wasn't there somebody here who opposed incorporation once upon a time?

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