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Author Topic: Future SCOTUS  (Read 2227 times)
Dan the Roman
liberalrepublican
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« Reply #25 on: September 07, 2008, 05:01:57 PM »

Michael McConnell is an interesting guy. His specialty is separation of church and state issues, where he come down sort of along the O'Connor lines - no favoritism, no undue burden. But he would not be confirmed to replace a liberal with the Dems having 55 plus votes in the Senate. Wilkinson is a zillion years old. He must be pushing 65 now.

I think he would be an acceptable compromise for one of the slots, especially if McCain wanted someone who was Anti-Roe and could be confirmed. He's a Conservative, but one whose shown a number of maverick tendencies, and a willingness to change his mind, and would be much better than anyone else in that category on gay rights, and establishment cases. I've always thought that in order to get the fifth vote to overturn Roe, Conservatives were going to have to break off the abortion supporters from everyone else. With McConnell, his abortion views are the only reason not to confirm him, and I think it is difficult to fight an intellectual battle over Roe, because in hindsight the decision probably is wrong.
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Angry_Weasel
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« Reply #26 on: September 08, 2008, 01:14:13 PM »


More NATIONALISM THAT YOUR BODY HAS ROOM FOR!!!

You think they will overturn Brown and reinstate Lochner, and even use Buck v. Bell more?

I wouldn't put anything beyond such a court. Fortunately, if Obama is elected, John Paul Stevens can finally retire in peace in favor of a young liberal.

So, it could be worse than doomsayers like me can imagine?
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cannonia
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« Reply #27 on: September 09, 2008, 11:20:08 AM »

Questions:

1.    Do you believe John McCain when he says he will appoint justices like Scalia, Thomas and Alito?  Or do you think he was saying that because he wants the fundagelical vote, and really intends to strike a more centrist ground?

2.    If something should happen to President McCain (God forbid), then what kind of SCOTUS justices do you believe a President Palin would nominate? How do you feel about that?

3.    Do you believe Democratic Senators, if they have a strong majority, will grow a spine?  Or, continuing to cower in fear at the prospect of being labelled "liberal America haters", do you believe they will continue to bend over forwards for Republicans?

1.  I suspect John McCain will apply a litmus test.  Justices like Scalia, Thomas, and Alito who are suspicious of campaign finance reform laws like McCain's will not be appointed.

2.  I don't know.  I could hope for textualist judges, but that philosophy is pretty much drowned in a swamp of precedents.  Judges like Alito and Roberts, who seem unwilling to overturn the current caselaw, are probably as good as we would see.

3. With a majority in the Senate, they would accuse the nominees of racism, fascism, sexism, homophobia, let the nominees get to the floor of the Senate, accuse the nominees of racism, fascism, sexism, homophobia, and then vote them down.
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Angry_Weasel
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« Reply #28 on: September 09, 2008, 11:47:31 AM »

Questions:

1.    Do you believe John McCain when he says he will appoint justices like Scalia, Thomas and Alito?  Or do you think he was saying that because he wants the fundagelical vote, and really intends to strike a more centrist ground?

2.    If something should happen to President McCain (God forbid), then what kind of SCOTUS justices do you believe a President Palin would nominate? How do you feel about that?

3.    Do you believe Democratic Senators, if they have a strong majority, will grow a spine?  Or, continuing to cower in fear at the prospect of being labelled "liberal America haters", do you believe they will continue to bend over forwards for Republicans?

1.  I suspect John McCain will apply a litmus test.  Justices like Scalia, Thomas, and Alito who are suspicious of campaign finance reform laws like McCain's will not be appointed.

2.  I don't know.  I could hope for textualist judges, but that philosophy is pretty much drowned in a swamp of precedents.  Judges like Alito and Roberts, who seem unwilling to overturn the current caselaw, are probably as good as we would see.

3. With a majority in the Senate, they would accuse the nominees of racism, fascism, sexism, homophobia, let the nominees get to the floor of the Senate, accuse the nominees of racism, fascism, sexism, homophobia, and then vote them down.

I hope you are right...
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Хahar 🤔
Xahar
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« Reply #29 on: September 09, 2008, 04:21:45 PM »


More NATIONALISM THAT YOUR BODY HAS ROOM FOR!!!

You think they will overturn Brown and reinstate Lochner, and even use Buck v. Bell more?

I wouldn't put anything beyond such a court. Fortunately, if Obama is elected, John Paul Stevens can finally retire in peace in favor of a young liberal.

So, it could be worse than doomsayers like me can imagine?

Quite possibly.
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Angry_Weasel
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« Reply #30 on: September 09, 2008, 05:54:41 PM »


More NATIONALISM THAT YOUR BODY HAS ROOM FOR!!!

You think they will overturn Brown and reinstate Lochner, and even use Buck v. Bell more?

I wouldn't put anything beyond such a court. Fortunately, if Obama is elected, John Paul Stevens can finally retire in peace in favor of a young liberal.

So, it could be worse than doomsayers like me can imagine?

Quite possibly.

So, it could be a lot like 1984, A Handmaiden's Tale and Blade Runner COMBINED.
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Хahar 🤔
Xahar
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« Reply #31 on: September 11, 2008, 01:05:45 AM »


More NATIONALISM THAT YOUR BODY HAS ROOM FOR!!!

You think they will overturn Brown and reinstate Lochner, and even use Buck v. Bell more?

I wouldn't put anything beyond such a court. Fortunately, if Obama is elected, John Paul Stevens can finally retire in peace in favor of a young liberal.

So, it could be worse than doomsayers like me can imagine?

Quite possibly.

So, it could be a lot like 1984, A Handmaiden's Tale and Blade Runner COMBINED.

*shudders*
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Angry_Weasel
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« Reply #32 on: September 11, 2008, 02:09:06 AM »


More NATIONALISM THAT YOUR BODY HAS ROOM FOR!!!

You think they will overturn Brown and reinstate Lochner, and even use Buck v. Bell more?

I wouldn't put anything beyond such a court. Fortunately, if Obama is elected, John Paul Stevens can finally retire in peace in favor of a young liberal.

So, it could be worse than doomsayers like me can imagine?

Quite possibly.

So, it could be a lot like 1984, A Handmaiden's Tale and Blade Runner COMBINED.

*shudders*
Yes. It will be like adding David Duke to a girl on girl porn! Exciting, isn't it?
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