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Author Topic:   Supreme Court Justice Antonin Scalia's dead. The maneuvering begins!
Dr Adequate
Member (Idle past 274 days)
Posts: 16113
Joined: 07-20-2006


(2)
Message 106 of 122 (780652)
03-18-2016 12:19 PM
Reply to: Message 103 by AZPaul3
03-18-2016 2:43 AM


Re: A Game Plan
I didn't read it here first, the Republicans are already talking about it.
Nice principles, GOP. It's not right for the President to nominate a judge when he's only got nine months' worth of mandate left, but it's fine for a lame-duck Senate to confirm one when they have no mandate at all, because ...
... because they can.

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subbie
Member (Idle past 1245 days)
Posts: 3509
Joined: 02-26-2006


Message 107 of 122 (784096)
05-12-2016 2:39 AM


Now what?
The next Supreme Court Justice is going to be appointed by Obama, Trump or Clinton. Ball's in your court, Senate.

Ridicule is the only weapon which can be used against unintelligible propositions. -- Thomas Jefferson
We see monsters where science shows us windmills. -- Phat
It has always struck me as odd that fundies devote so much time and effort into trying to find a naturalistic explanation for their mythical flood, while looking for magical explanations for things that actually happened. -- Dr. Adequate
Howling about evidence is a conversation stopper, and it never stops to think if the claim could possibly be true -- foreveryoung

Replies to this message:
 Message 108 by Diomedes, posted 05-12-2016 9:42 AM subbie has seen this message but not replied
 Message 109 by jar, posted 05-12-2016 9:51 AM subbie has seen this message but not replied

  
Diomedes
Member
Posts: 995
From: Central Florida, USA
Joined: 09-13-2013


Message 108 of 122 (784108)
05-12-2016 9:42 AM
Reply to: Message 107 by subbie
05-12-2016 2:39 AM


Re: Now what?
The Senate isn't thinking tactically anymore. I think they are living in denial about what has transpired. And by being so strident about not accepting ANY nominee, they have backed themselves into a corner. It's a no win scenario no matter what they do.

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jar
Member (Idle past 384 days)
Posts: 34026
From: Texas!!
Joined: 04-20-2004


Message 109 of 122 (784109)
05-12-2016 9:51 AM
Reply to: Message 107 by subbie
05-12-2016 2:39 AM


Re: Now what?
And I'm not convinced any President would not be happy with a perpetually split SCOTUS.

Anyone so limited that they can only spell a word one way is severely handicapped!

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Diomedes
Member
Posts: 995
From: Central Florida, USA
Joined: 09-13-2013


(1)
Message 110 of 122 (784115)
05-12-2016 12:17 PM
Reply to: Message 109 by jar
05-12-2016 9:51 AM


Re: Now what?
What I would honestly love to see is the Senate continue to block the nominee and be stubborn all the way until the election. And then, Clinton gets elected and the Dems take over the Senate. At that point, I hope they nominate the most left-wing, unshaven Hippie justice they can find. Would be a nice, final F U to the Republican Senate who was bitterly uncompromising until the end.

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xongsmith
Member
Posts: 2574
From: massachusetts US
Joined: 01-01-2009
Member Rating: 5.4


(3)
Message 111 of 122 (784117)
05-12-2016 1:00 PM
Reply to: Message 110 by Diomedes
05-12-2016 12:17 PM


Re: Now what?
Diomedes writes:
What I would honestly love to see is the Senate continue to block the nominee and be stubborn all the way until the election. And then, Clinton gets elected and the Dems take over the Senate. At that point, I hope they nominate the most left-wing, unshaven Hippie justice they can find. Would be a nice, final F U to the Republican Senate who was bitterly uncompromising until the end.
Or Hillary nominates Barack Hussein Obama....

- xongsmith, 5.7d

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Replies to this message:
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 Message 118 by Pressie, posted 06-30-2016 8:54 AM xongsmith has not replied

  
NosyNed
Member
Posts: 8996
From: Canada
Joined: 04-04-2003


Message 112 of 122 (784118)
05-12-2016 1:09 PM
Reply to: Message 111 by xongsmith
05-12-2016 1:00 PM


Re: Now what?
Diomedes writes:
What I would honestly love to see is the Senate continue to block the nominee and be stubborn all the way until the election. And then, Clinton gets elected and the Dems take over the Senate. At that point, I hope they nominate the most left-wing, unshaven Hippie justice they can find. Would be a nice, final F U to the Republican Senate who was bitterly uncompromising until the end.
xongsmith writes:
Or Hillary nominates Barack Hussein Obama....
To the GOP -- there's a difference?

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Diomedes
Member
Posts: 995
From: Central Florida, USA
Joined: 09-13-2013


(1)
Message 113 of 122 (784126)
05-12-2016 2:56 PM
Reply to: Message 112 by NosyNed
05-12-2016 1:09 PM


Re: Now what?
Diomedes writes:
What I would honestly love to see is the Senate continue to block the nominee and be stubborn all the way until the election. And then, Clinton gets elected and the Dems take over the Senate. At that point, I hope they nominate the most left-wing, unshaven Hippie justice they can find. Would be a nice, final F U to the Republican Senate who was bitterly uncompromising until the end.
xongsmith writes:
Or Hillary nominates Barack Hussein Obama....
NosyNed writes:
To the GOP -- there's a difference?
To to the GOP, yes, there is a difference. An ultra-left wing Hippie would at least be white. Nominating Obama would be tantamount to nominating one of the Black Panthers in their eyes.
Come to think of it, that would be funnier.

This message is a reply to:
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Replies to this message:
 Message 114 by NoNukes, posted 06-25-2016 3:40 PM Diomedes has not replied

  
NoNukes
Inactive Member


(1)
Message 114 of 122 (786718)
06-25-2016 3:40 PM
Reply to: Message 113 by Diomedes
05-12-2016 2:56 PM


Re: Now what?
One of the articles written in the wake of Scalia's death praised him as a defender of the fourth amendment. Perhaps that article had a point.
The remaining conservative justices doing what they normally do, plus Breyer, who is indisputably the least reliably liberal of the liberal wing of the Court, siding with the conservative wing, issued a ruling that guts the 4th amendment and diminishes the exclusionary rule to the point where the fourth amendment is all but toothless against an illegal seizure by the police.
The case in question is Utah vs. Strieff. The Utah Supreme Court conceded that the stop of Strieff was conducted illegally, and the Justices of the Supreme Court agreed as well. However, the Court found reason to allow the evidence from the search to be used against Strieff to criminally prosecute him.
quote:
Minutes after Edward Strieff walked out of a South Salt Lake City home, an officer stopped him, questioned him, and took his identification to run it through a police database. The officer did not suspect that Strieff had done anything wrong. Strieff just happened to be the first person to leave a house that the officer thought might contain drug activity.
From Sotomayor's dissent:
quote:
The Court today holds that the discovery of a warrant for an unpaid parking ticket will forgive a police officer’s violation of your Fourth Amendment rights.
Do not be soothed by the opinion’s technical language: This case allows the police to stop you on the street, demand your identification, and check it for outstanding traffic warrantseven if you are doing nothing wrong. If the officer discovers a warrant for a fine you forgot to pay, courts will now excuse his illegal stop and will admit into evidence anything he happens to find by searching you after arresting you on the warrant.
Because the Fourth Amendment should prohibit, not permit, such misconduct, I dissent.
Yes, the person in question did in fact have drugs on him. But the ruling applies to how the police interact with innocent folks as well as guilty folks. Because there is essentially no penalty for doing so, anyone can now be stopped by police and searched without probable cause or even a suggestion of wrong doing. And even minor reasons, such as outstanding parking tickets, might well validate a search of your person.
I have difficult time believing that Scalia would have gone along with this ruling, were he alive, and in this case, his vote would not have saved the fourth amendment. But we should expect that the next president might select up to four Justices between now and the end of his tenure. So called moderate judges are perfectly okay with rulings like this.
Edited by NoNukes, : No reason given.
Edited by NoNukes, : No reason given.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King
If there are no stupid questions, then what kind of questions do stupid people ask? Do they get smart just in time to ask questions? Scott Adams

This message is a reply to:
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NoNukes
Inactive Member


(1)
Message 115 of 122 (786810)
06-27-2016 4:05 PM
Reply to: Message 83 by Percy
02-28-2016 9:51 AM


Supreme Court Invalidates Texas Abortion law
Before Scalia's death the Supreme Court would have upheld the Fifth Circuit ruling, and the 4-4 tie that seems likely now would have the same result by leaving the Fifth Circuit ruling in place. But a 5-3 outcome isn't impossible if Kennedy switches sides.
As predicted, the Court found that the Fifth Circuit had instituted the incorrect standard of review and had given short shrift to the burden their law placed on a woman's right to choose. Kennedy joined with the liberal judges and signed on to Breyer's opinion in what was likely an easy case for everyone except Kennedy. Scalia's death makes no difference to the outcome.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King
If there are no stupid questions, then what kind of questions do stupid people ask? Do they get smart just in time to ask questions? Scott Adams

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Replies to this message:
 Message 116 by Theodoric, posted 06-27-2016 11:39 PM NoNukes has replied

  
Theodoric
Member
Posts: 9051
From: Northwest, WI, USA
Joined: 08-15-2005
Member Rating: 3.3


(11)
Message 116 of 122 (786834)
06-27-2016 11:39 PM
Reply to: Message 115 by NoNukes
06-27-2016 4:05 PM


Re: Supreme Court Invalidates Texas Abortion law
Proud to say my niece was one of the lead researchers for the evidence showing the detrimental effects of this law on the women of Texas. Their research was mentioned many times in the decision.
Texas Policy Evaluation Project - TxPEP

Facts don't lie or have an agenda. Facts are just facts
"God did it" is not an argument. It is an excuse for intellectual laziness.

This message is a reply to:
 Message 115 by NoNukes, posted 06-27-2016 4:05 PM NoNukes has replied

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NoNukes
Inactive Member


Message 117 of 122 (786963)
06-30-2016 4:47 AM
Reply to: Message 116 by Theodoric
06-27-2016 11:39 PM


Re: Supreme Court Invalidates Texas Abortion law
Their research was mentioned many times in the decision.
The decision also mentioned several times that the case made by the researchers was completely unanswered by the state of Texas with the exception of some unsuccessful attempts to question the application of the scientific method as applied by the researchers.
Nice thorough job by the researchers. Your pride in your niece is well placed.

Under a government which imprisons any unjustly, the true place for a just man is also in prison. Thoreau: Civil Disobedience (1846)
History will have to record that the greatest tragedy of this period of social transition was not the strident clamor of the bad people, but the appalling silence of the good people. Martin Luther King
If there are no stupid questions, then what kind of questions do stupid people ask? Do they get smart just in time to ask questions? Scott Adams

This message is a reply to:
 Message 116 by Theodoric, posted 06-27-2016 11:39 PM Theodoric has not replied

  
Pressie
Member
Posts: 2103
From: Pretoria, SA
Joined: 06-18-2010


Message 118 of 122 (786977)
06-30-2016 8:54 AM
Reply to: Message 111 by xongsmith
05-12-2016 1:00 PM


Re: Now what?
That one will be very entertaining as Barack Obama qualifies to be nominated to serve in the US Supreme Court for life...
Edited by Pressie, : No reason given.
Edited by Pressie, : No reason given.

This message is a reply to:
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Minnemooseus
Member
Posts: 3940
From: Duluth, Minnesota, U.S. (West end of Lake Superior)
Joined: 11-11-2001
Member Rating: 10.0


Message 119 of 122 (798690)
02-04-2017 5:32 PM


Bump
I don't have anything ready right now, but I encountered this topic and thought it deserved a bump.
Moose

Replies to this message:
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Tanypteryx
Member
Posts: 4318
From: Oregon, USA
Joined: 08-27-2006
Member Rating: 5.3


Message 120 of 122 (798706)
02-04-2017 9:54 PM
Reply to: Message 119 by Minnemooseus
02-04-2017 5:32 PM


Re: Bump
Remember when Republicans weren't going to let Hillary Clinton have a SCOTUS appointment? Ever?

What if Eleanor Roosevelt had wings? -- Monty Python
One important characteristic of a theory is that is has survived repeated attempts to falsify it. Contrary to your understanding, all available evidence confirms it. --Subbie
If evolution is shown to be false, it will be at the hands of things that are true, not made up. --percy

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