Justice O'Connor retiring (user search)
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  Justice O'Connor retiring (search mode)
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Author Topic: Justice O'Connor retiring  (Read 3241 times)
Emsworth
Junior Chimp
*****
Posts: 9,054


« on: July 01, 2005, 10:03:01 AM »

The nomination fight should be interesting.

It would be even more interesting if the Chief Justice also decides to retire over the summer.
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Emsworth
Junior Chimp
*****
Posts: 9,054


« Reply #1 on: July 01, 2005, 11:26:04 AM »

The Court is the only essentially unchecked branch of the federal government. I think its well past time that that fault is remedied (too bad I can't say how..I'm not a lawyer)
It is far from unchecked. Of course, the President has the power to appoint judges. Another check is held by Congress, which may, under the Constitution, define the appellate jurisdiction of the court. ("The supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.")
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Emsworth
Junior Chimp
*****
Posts: 9,054


« Reply #2 on: July 01, 2005, 11:33:36 AM »

I mean in the sense of having no recourse in overturning their repugnant opinions, which have the force of law, q.v. Dred Scott, 1874 Louisiana slaughterhouse cases, the 1962 banning of prayer in public schools, the 2005 case giving city governments the rights to take private property for private development, etc.
I don't think that it's that difficult. Congress could just pass a law to the contrary, and then remove the jurisdiction of the Supreme Court over the law.
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Emsworth
Junior Chimp
*****
Posts: 9,054


« Reply #3 on: July 01, 2005, 01:01:58 PM »

Never mind that the NY School System composed a secular prayer
By definition, prayer is not secular.

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Students are free to recite prayers on their own. All the SC prohibited was the composition of official prayers by the government.
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Emsworth
Junior Chimp
*****
Posts: 9,054


« Reply #4 on: July 01, 2005, 03:54:02 PM »

This isn't about making people happy. This is about the Constitution of the United States.
In principle, yes. But in practice, it is about making people happy, just like anything else political.
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