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Scalia

GaryMassey

Bleeds Villanova Blue
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Jul 11, 2001
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Apologies if it is embedded in some other thread...but is there really not discussion on this?

Is BW dead?

Where art ball?

Surely a 200+ post bare-knuckle event could ensue from this topic?
 
Republicans are beside themselves and I would be too - they are potentially in a lose-lose-lose situation.

If Congress successfully blocks Obama's appointment, cases split 4-4 would be adjudicated by the mostly liberal Appellate courts. Once they realize this, the Senate Republicans may grudgingly confirm Obama's choice.

Also, holding out for Trump or whomever other loser Republicans hope can win the Presidential election would be a very dangerous game to play as well. What if Hillary Clinton wins instead? She could appoint a very deserving Obama as the new Supreme Court Justice.
 
I saw some real predictable thoughts from people regarding Scalia when he passed. Many of these people put him in the Hitler category. Nothing new here from both extreme sides of the political spectrum.
 
Scalia got better as he got older. He was the swing vote in favor of the right of the accused to confront witnesses in some big cases. Not sure it makes up for his pissing on the fourth amendment throughout much of his tenure.
 
Scalia was not the ultra-conservative towards the end. He seems to have realized that he was wrong. I think the ultra-conservatives appointed by bush turned him off. By the end he was a liberal swing vote on issues of rights of the accused. He wasn't a true liberal, but he backed off the extreme conservative stance

Ruled with the majority on Rodriguez v United States with the dog sniffs which wasa liberal outcome, despite ruling with the majority in Illinois v caballes a decade earlier, which was a conservative outcome on dog sniffs.

Scalia authored the majority opinion on us v jones, the gps tracking case, and went off the beaten path in his application of trespassatory taking as opposed to what we usually define as a search in his opinion. This was big.

He was real defense friendly in the recent confrontation Clause issues.
 
Even Chief Justice Roberts has not always ruled in line with the Conservatives.
 
I'm on the fence with Roberts. He might not turn out to be horrible.

It's good when judges understand that people's rights come before political agendas. I think Scalia was good at that, he actually believed what he wrote. Roberts seems to be trending that way. Of course Souter is the gr8est judge ever. Then you get some like Thomas or Rehnquist who simply felt it was their duty to always act in favor of the party line.
 
I agree but can you say the same about the liberal judges? Do any of them only tote the party line?
 
I don't think they just tote the party line. Florida v Harris overruled the Florida supreme courts decision on PC requirements for warrant applications based in dog sniffs. I thought this was a conservative ruling, but it was a unanimous decision with the dem appointees siding with the government. Kagen wrote the majority opinion on it. Breyer, Ginsburg and Kagen all voted with the conservatives in Heien v NC, a controversial 4th amendment case last yr. decided against the rights of the accused.

I don't know much of their civil decisions, I base this mainly off criminal law issues.

I think part of the democrat ideology is the preservation of due process rights and protecting the rights of those not in the majority. I do think the dem appointees tend to lean this way. I do t know if that is a matter of just being political like Clarence Thomas or simply a matter of believing in the core values of the country and equality.
 
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is there really much party pressure either way on the criminal procedure issues you're citing?

Let's be honest...it's a system of judicial realism, and that's why it's a big deal who gets appointed. Some people believe that natural law provides that abortion is homicide...others believe it's an inherent right of the mother...there is no legal principle governing those beliefs...to pretend otherwise is dishonest.
 
If Congress successfully blocks Obama's appointment, cases split 4-4 would be adjudicated by the mostly liberal Appellate courts. Once they realize this, the Senate Republicans may grudgingly confirm Obama's choice.
Why approve Obama's liberal choice and allow said court to create binding precedent that is applicable in every single Court of Appeals when you could leave the court 4-4, which would lessen the risk of (for example) the Ninth Circuit going completely rogue on an issue like guns or abortion or capital punishment and creating precedent as a result?

This is an easy call.
 
It's a shame this is how it works. How much time does a president need left in his term? Is the GOP going to try to block anyone HRC attempts to appoint for 4 years?
 
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Why approve Obama's liberal choice and allow said court to create binding precedent that is applicable in every single Court of Appeals when you could leave the court 4-4, which would lessen the risk of (for example) the Ninth Circuit going completely rogue on an issue like guns or abortion or capital punishment and creating precedent as a result?

This is an easy call.

The longest Supreme Court confirmation process from nomination to resolution was Brandeis, at 125 days. Obama has 340 days left in office.
 
It is funny to see both sides flip flopping like crazy when it's convenient for them. Mitch McConnell in 2005:

"The Constitution of the United States is at stake. Article II, Section 2 clearly provides that the President, and the President alone, nominates judges. The Senate is empowered to give advice and consent. But my Democratic colleagues want to change the rules. "

""[T]he Republican conference intends to restore the principle that, regardless of party, any President's judicial nominees, after full debate, deserve a simple up-or-down vote. "
 
Both sides are playing politics. Dems said the same thing in 1960 and then raised money of Scalia's death, truly sickening. GOP clearing wouldn't view if a Republican controlled the white house. Why can't we just nominate someone 60 senators could confirm? The worst of both parties when you get to the Supreme Court.
 
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Both sides are playing politics.

This is why someone like Trump has as much support as he does. People are tired of the same old, self-serving, career politicians. I'm no expert with this stuff, but that's sort of how I see it.
 
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The longest Supreme Court confirmation process from nomination to resolution was Brandeis, at 125 days. Obama has 340 days left in office.
This is neglecting the vacancy of the seat held by Lewis Powell, in which democrats literally invented a verb to prevent the first nominee from being confirmed, followed by paragon of moral virtue Ted Kennedy's feigned outrage at the fact that Douglas Ginsburg smoked pot in law school, and finally, a compromise by nominating a Justice who was basically a like for like replacement for Justice Powell.

If President Obama wants to nominate Brett Kavanaugh, Ted Cruz, or Miguel Estrada to replace Justice Scalia, we can talk. However, the odds are that he's going to nominate someone like Loretta Lynch or Sri Srinivasan.
 
This is why someone like Trump has as much support as he does. People are tired of the same old, self-serving, career politicians. I'm no expert with this stuff, but that's sort of how I see it.
Yep, exactly.
 
This is why someone like Trump has as much support as he does. People are tired of the same old, self-serving, career politicians. I'm no expert with this stuff, but that's sort of how I see it.

Booom
 
This is neglecting the vacancy of the seat held by Lewis Powell, in which democrats literally invented a verb to prevent the first nominee from being confirmed, followed by paragon of moral virtue Ted Kennedy's feigned outrage at the fact that Douglas Ginsburg smoked pot in law school, and finally, a compromise by nominating a Justice who was basically a like for like replacement for Justice Powell.

If President Obama wants to nominate Brett Kavanaugh, Ted Cruz, or Miguel Estrada to replace Justice Scalia, we can talk. However, the odds are that he's going to nominate someone like Loretta Lynch or Sri Srinivasan.

I am sure it will be easy for the GOP to justify blocking Srinivasasn.

The United States Senate confirmed Srinivasan by a vote of 97–0 on May 23, 2013.
 
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I am sure it will be easy for the GOP to justify blocking Srinivasasn.

The United States Senate confirmed Srinivasan by a vote of 97–0 on May 23, 2013.
Dens did this to Bork and Ginsburg and it worked out rather well for them. Sri would likely get confirmed.
 
24 hour news cycle is the worst thing for politics. The average person doesn't need to know how their Senator or Congressman was voting on every single issue. If you want to know what happened you will find the information. Now that your average person can at least be informed (or in most cases misinformed) of what is happening on a daily basis in DC the politicians act accordingly. Deals aren't made because God forbid you vote for/against something that your base will not like.
 
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I am sure it will be easy for the GOP to justify blocking Srinivasasn.

The United States Senate confirmed Srinivasan by a vote of 97–0 on May 23, 2013.

You obviously don't know the difference between US Courts of Appeal and the Supreme Court, so I shall educate you.

By rule, Circuit Judges are bound to rely on Supreme Court precedent to adjudicate cases. Their opinions are only precedential within their own circuit. On the other hand, a Supreme Court justice is bound by no precedent at all, as it is their job to interpret the law, not what the Supreme Court says about the law. Therefore, the nomination of a judge to a Court of Appeals, while consequential, is nowhere near as important as the nomination of a justice of the Supreme Court. Robert Bork was confirmed to the DC Circuit by a voice vote. He was later rejected by the Senate 58-42. The same is true of Clarence Thomas, who was confirmed in the narrowest confirmation vote in history about two years earlier.
 
Obviously it matters not in the least...and I know lots of folks are talking about it, but....

If Justice Scalia were alive, would he agree with Senator McConnell that President Obama should abstain from making nominations in the final year of his final term?
 
Obviously it matters not in the least...and I know lots of folks are talking about it, but....

If Justice Scalia were alive, would he agree with Senator McConnell that President Obama should abstain from making nominations in the final year of his final term?
Absolutely not, that is the funniest thing in all of this.
 
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Was it a heart attack?
Is there generally an autopsy performed when someone dies from a heart attack?
IMO, you are simply raising the conspiracy theory. This isn't a typical case so what is generally done doesn't apply to a sitting member of the Supreme Court. I'm not a conspiracy person but why wouldn't you do it to be sure? I don't see the downside here and should be a matter of protocol.
 
Was it a heart attack?

IMO, you are simply raising the conspiracy theory. This isn't a typical case so what is generally done doesn't apply to a sitting member of the Supreme Court. I'm not a conspiracy person but why wouldn't you do it to be sure? I don't see the downside here and should be a matter of protocol.

Perhaps his children don't want his body autopsied. (I have no idea)
 
I have a hard time believing that the guy would want some milquetoast liberal replace him. He said that he hoped his replacement would have the same beliefs as him.
 
What in Scalia's history makes you draw this conclusion?
Well for one - he was bff's with RBG and to a lesser extent Kagan. Just because they disagree with their interpretations of the law doesn't mean he can't get along with them.

But mostly because in 2008 when there was a seat open he sought out David Axelrod and pushed for Kagan to get the open seat (it went to Sotomayor but Kagan was appointed in 2009) because he knows/respects those who have a good legal mind.

http://www.cnn.com/2016/02/14/opinions/david-axelrod-surprise-request-from-justice-scalia/

But hey, keep reading/listening to what the talking heads on TV tell you to believe about Scalia and how he was such a bad guy and had a conservative agenda behind all his decisions.
 
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