President Trump is nominating federal appeals court Judge Brett Kavanaugh

[Dabeav]

I don't care if they are left/right or what religion they choose.  I care if they are strict constructionists or not. This pick is another win.

[136or142]

    I had to delete quite a few posts from this topic. News items of this sort naturally invite flame wars, but if I have to delete posts from this thread again then I will be locking it.

It's important to maintain civility while The Titanic sinks!

     It's important to uphold the rules of the forum. If you don't like it, you're welcome to go find another site to engage in personal attacks on.

Then apply them in an evenhanded manner.

     I deleted offending posts from multiple posters. After a certain point I just cleaned out all of the posts in that quote tree, to cut off a line of dialogue that was degenerating into a flame war again. People are welcome to discuss the topic at hand, so long as they do not do so in an insulting or dismissive manner.

You took down my posts on the 'muh privilege' sub thread but none of the others.  I think I've made it clear that I don't care about being personally insulted, but the original post in that sub thread was pretty insulting including using the term 'muh privilege' in an obvious attempt to dismiss the well established concept of implicit bias.

Also, in regards to Calthrina950, I don't see any way to not respond to his posts in a personal way that can be sometimes be regarded as insulting since so many of his posts are based on his personal anecdotes or his telling us his feelings of posts/posters.

     You used the concept of privilege to dismiss Calthrina's posts citing your impression that he is a white man, which constitutes impermissible discrimination. You are welcome to tell him that you believe his anecdotes or feelings are not relevant or not representative of the matter at issue. Whatever insult you may have perceived from Alabama_Indy10 was not personal in nature and does not violate the TOS.

How does this not violate the TOS?

You must be logged in to read this quote.

     Declarative statements are more harshly punished, as are statements about inherent qualities. Especially considering the post that he was responding to, a post of that sort occupies a gray area, as opposed to calling someone "stupid", which is plainly impermissible. Given that I erased the context, I can see the case that that post should go as well, to minimize confusion.

Thanks for that, and I can appreciate the concept that I should quit while I'm ahead, but this is the sort of personal anecdote from Calthrina950 that I think invites the response that I gave:

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I suppose if somebody really cared enough to not make any assumptions, they could have asked Calthrina950 questions about his background, but I think my response was completely appropriate given his argument rested on an entirely personal anecdote.

[Atlas Has Shrugged]

Meh

[○∙◄☻¥tπ[╪AV┼cVê└]

BREAKING...Bush Jr. on the Trump train:

What a resistance hero!

[Sic Semper Fascistis]

ugh

[libertpaulian]

Good but not good enough. Why another Catholic (we wanted a Protestant nominee).

Catholics tend to be overrepresented in the intellectual wing of the legal profession.

[Gass3268]

Sounds like this pick has been determined for a while:

https://twitter.com/GeoffRBennett/status/1016642192616706050

[GeorgiaModerate]

Sounds like this pick has been determined for a while:

https://twitter.com/GeoffRBennett/status/1016642192616706050

While I doubt that this is illegal, it's sure not a good look.

[Sic Semper Fascistis]

Sounds like this pick has been determined for a while:

https://twitter.com/GeoffRBennett/status/1016642192616706050

What a great ~Moderate~!

[BudgieForce]

Sounds like this pick has been determined for a while:

https://twitter.com/GeoffRBennett/status/1016642192616706050

I kind of called it. One hand clap for myself./s

Im gonna bet Brett Kavanaugh just because there are rumors Kennedy advocated for him as his replacement.

Seriously though, not surprising I've been reading about these rumors for weeks. I'm sure other justices have hand picked their successor, but none so obvious as Kennedy though.

[KingSweden]

Sounds like this pick has been determined for a while:

https://twitter.com/GeoffRBennett/status/1016642192616706050

I kind of called it. One hand clap for myself./s

Im gonna bet Brett Kavanaugh just because there are rumors Kennedy advocated for him as his replacement.

Seriously though, not surprising I've been reading about these rumors for weeks. I'm sure other justices have hand picked their successor, but none so obvious as Kennedy though.

I can’t think of another judge with the same mentor-protege relationship with a Lower court jurist

[BudgieForce]

I can’t think of another judge with the same mentor-protege relationship with a Lower court jurist

Neither can I(with the help of Google).

If this is true, it will definitely be a stain on Kennedy's legacy.

On the brightside, maybe this means Kavanaugh is going to end up being Kennedy 2.0.

[KingSweden]

I can’t think of another judge with the same mentor-protege relationship with a Lower court jurist

Neither can I(with the help of Google).

If this is true, it will definitely be a stain on Kennedy's legacy.

On the brightside, maybe this means Kavanaugh is going to end up being Kennedy 2.0.

I doubt he’s Kennedy 2.0, due to AMK’s quirky heterodox style, but it could mean he is not Alito/Gorsuch 2.0

[Blue3]

Didn't one of the guys who left during Obama's term also hand-pick Kagan to be his replacement?

[RINO Tom]

BREAKING...Bush Jr. on the Trump train:

What a resistance hero!

Dumb people talk about Republicans who oppose Trump's antics and how he treats the office and a few of his views as if they either need to be Trump cultists or oppose him blindly on everything...

Part 304.

[Progressive Pessimist]

Kavanaugh may not have been the worst pick, in the curve we are judging these appointments on, but he certainly looks like he will be as bad as expected. The ACA and the environment, in particular, seem to be in jeopardy by him getting seated, at least from what I hear. Also, Trump just couldn't resist twisting the knife in the Clintons' wounds a little more. It's obvious why Kavanaugh was picked. Between that and his retroactive belief that Presidents shouldn't be indicted, Trump's intentions are easier to read than a Dr. Seuss book.

[libertpaulian]

Assuming this new SCOTUS overturns bans on AWBs and HCMs, I wonder what the Parkland Gang's strategy is going to be.

[True Federalist (진정한 연방 주의자)]

I think there's a potential way of derailing Kavanaugh, if Mueller comes up with something significant soon.  Kavanaugh is firmly on the record that presidents can't be indicted or sued while in office, only impeached. Seems like that well could be the reason Trump wants Kavanaugh on the Supreme Court.  Under the circumstances I think at the very least Kavanaugh should pledge to recuse himself if the question of a Trump indictment comes before the court.

As for Kavanaugh's position, personally I think that's based on a awful misreading of the Impeachment Clause. Impeachments are limited to only causing a removal from office and they aren't considered to cause double jeopardy for subsequent criminal proceedings on the same offense, but that hardly means that conviction cannot occur first.  One needs only look at the precedent of Walter Nixon who was in jail when he was impeached. Clearly, the fact that an official can be impeached is not a bar to criminal proceedings before he is impeached.

[Warren 4 Secretary of Everything]

Didn't one of the guys who left during Obama's term also hand-pick Kagan to be his replacement?

Nope. Scalia pushed for her appointment, funny enough.

[KingSweden]

Didn't one of the guys who left during Obama's term also hand-pick Kagan to be his replacement?

Nope. Scalia pushed for her appointment, funny enough.

I believe he told David Axelrod “if you’re going to appoint somebody who’s wrong, at least appoint somebody who’s smart.”

I think there's a potential way of derailing Kavanaugh, if Mueller comes up with something significant soon.  Kavanaugh is firmly on the record that presidents can't be indicted or sued while in office, only impeached. Seems like that well could be the reason Trump wants Kavanaugh on the Supreme Court.  Under the circumstances I think at the very least Kavanaugh should pledge to recuse himself if the question of a Trump indictment comes before the court.

As for Kavanaugh's position, personally I think that's based on a awful misreading of the Impeachment Clause. Impeachments are limited to only causing a removal from office and they aren't considered to cause double jeopardy for subsequent criminal proceedings on the same offense, but that hardly means that conviction cannot occur first.  One needs only look at the precedent of Walter Nixon who was in jail when he was impeached. Clearly, the fact that an official can be impeached is not a bar to criminal proceedings before he is impeached.

My understanding is his position is that Congress rather than the Court should create such an exemption, and that article was nine years ago. Still, that alone is a big concern with him.

[True Federalist (진정한 연방 주의자)]

I think there's a potential way of derailing Kavanaugh, if Mueller comes up with something significant soon.  Kavanaugh is firmly on the record that presidents can't be indicted or sued while in office, only impeached. Seems like that well could be the reason Trump wants Kavanaugh on the Supreme Court.  Under the circumstances I think at the very least Kavanaugh should pledge to recuse himself if the question of a Trump indictment comes before the court.

As for Kavanaugh's position, personally I think that's based on a awful misreading of the Impeachment Clause. Impeachments are limited to only causing a removal from office and they aren't considered to cause double jeopardy for subsequent criminal proceedings on the same offense, but that hardly means that conviction cannot occur first.  One needs only look at the precedent of Walter Nixon who was in jail when he was impeached. Clearly, the fact that an official can be impeached is not a bar to criminal proceedings before he is impeached.

My understanding is his position is that Congress rather than the Court should create such an exemption, and that article was nine years ago. Still, that alone is a big concern with him.

Congress could do that for Federal crimes, but that pesky 10th Amendment ensures that Congress can't bar State action.  Besides, there is no equivalent to the Speech or Debate Clause for either the executive or judicial branch.  Presidents are not constitutionally immune to prosecution.

[Warren 4 Secretary of Everything]

Didn't one of the guys who left during Obama's term also hand-pick Kagan to be his replacement?

Nope. Scalia pushed for her appointment, funny enough.

I believe he told David Axelrod “if you’re going to appoint somebody who’s wrong, at least appoint somebody who’s smart.”

And surprised Axe by directly stating Kagan should be the nominee.

[KingSweden]

Didn't one of the guys who left during Obama's term also hand-pick Kagan to be his replacement?

Nope. Scalia pushed for her appointment, funny enough.

I believe he told David Axelrod “if you’re going to appoint somebody who’s wrong, at least appoint somebody who’s smart.”

And surprised Axe by directly stating Kagan should be the nominee.

Yup.

[emailking]

The ACA and the environment, in particular, seem to be in jeopardy by him getting seated, at least from what I hear.

How will the ACA be in Jeopardy? Kennedy already ruled against the individual mandate, and it's effectively gone now anyway. He did rule in favor of the subsidies, but so did Roberts.

[Dabeav]

Assuming this new SCOTUS overturns bans on AWBs and HCMs, I wonder what the Parkland Gang's strategy is going to be.

We're on our way to full gun freedom:

https://www.theguardian.com/law/2018/jul/10/supreme-court-brett-kavanaugh-assault-weapons-ban-unconstitutional?CMP=share_btn_fb

https://www.wired.com/story/a-landmark-legal-shift-opens-pandoras-box-for-diy-guns/