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Topic: Replacing Supreme Court Judge Antonin Scalia (Read 48871 times)

Replacing Supreme Court Judge Antonin Scalia

Supreme Court Justice Antonin Gregory Scalia 
March 11, 1936 - February 13, 2016



Whether one had a positive or negative view regarding Justice Antonin Scalia's decisions while on the Supreme Court of the United States of America, Americans in this forum, as do Americans all across America, stand in respectful mourning at Judge Scalia's passing at the age of 79.

In the coming days there will be countless heated political debates, amongst not only Americans, but all those that have an opinion on who should succeed Judge Scalia, & how he or she should be picked, regarding the actual presidential nomination, selection, & Senate approval of Judge Scalia's eventual successor.


Article II, Section 2, Clause 2 of the United States Constitution states:  [The President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint.......Judges of the Supreme Court, and all other Officers of the United States.........


Q:  What role(s) should the United States Senate play in considering Presidential nominees to the Supreme Court, & How should the Senate go about fulfilling it's Constitutional Obligations of "Advice & Consent" in this matter?

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The Senate rejected 27 (20%) of the 149 nominees to the Supreme Court made between the nation's founding and 2005.  The reasons for the rejections vary, and include incompetence, inexperience, and impropriety.  Most of the rejections, however, reflect in part, or even primarily, a difference between the President and the Senate over whether the nominated justice represents the right ideological choice.........
 

Source: http://law2.umkc.edu/faculty/projects/ftrials/conlaw/senateconfirm.html

What Say You.........   
  • Last Edit: 2016-02-15, 00:54:41 by SmileyFaze

  • OakdaleFTL
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #275
Any (gentleman's) bets on how long it takes Gorsuch to be confirmed?

I'd wager less than a week. (I think he's a good choice.)
进行 ...
"Humor is emotional chaos remembered in tranquility." - James Thurber
"Science is the belief in the ignorance of experts!" - Richard Feynman
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  • Frenzie
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  • Administrator
Re: Replacing Supreme Court Judge Antonin Scalia
Reply #276
Was that the one who in some bizarre twist-around didn't seem to recognize that you need to change the law to change the outcome of court cases testing said law?

  • OakdaleFTL
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #277
Can you be more obscure, Frenzie?
Cite a case, an opinion -- or a European newsrag article!

Mind you, I follow such judges' progress. Sorsuch's ten years on the 10th Circuit are on record. To what do you refer?
  • Last Edit: 2017-02-01, 11:23:24 by OakdaleFTL
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"Humor is emotional chaos remembered in tranquility." - James Thurber
"Science is the belief in the ignorance of experts!" - Richard Feynman
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  • Frenzie
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #278
I'll admit that for onlookers that was obscure, but I'd think you'd remember your own posts better than I -- especially when it was merely a few days ago. :P

But I'll take the opportunity to post this link to a 2005 article by our most-likely next Supreme Court Justice: Liberals 'N' Lawsuits.

  • OakdaleFTL
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #279
This was an op-ed piece published before he became a judge.
Do you have an argument that refutes his contention, that liberals in America resort to "lawfare" frequently, to avoid legislative tussles?

But surely you understand that he was speaking as a citizen, not as a judge? Or do you not make such distinctions? :)

He has a long record; he's authored many opinions. You must be -to express such an opinion as that of your previous post- ignorant of them all.
Is that typical of European politics?

You seem to think judges should be super legislators... If that's what your country wants, okay; it's your country. We have a different tradition, one which Gorsuch knows well and appreciates.
He's well qualified to be a justice of our Supreme Court.

He'd probably not be acceptable for any European court... Sobeit!
  • Last Edit: 2017-02-01, 11:52:30 by OakdaleFTL
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"Humor is emotional chaos remembered in tranquility." - James Thurber
"Science is the belief in the ignorance of experts!" - Richard Feynman
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  • Frenzie
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #280
Do you have an argument that refutes his contention, that liberals in America resort to "lawfare" frequently, to avoid legislative tussles?
The very idea of "liberals" somehow concocting court cases with the intent of getting their case blown up to the supreme court level already disproves it. The idea itself is preposterous. If you have to wait a decade before a case is decided in your favor, and you might lose, how happy are you actually going to be that your family from Turkey is finally allowed to join you in the Netherlands?[1]

From a European perspective Americans are ridiculously litigious people, and the fact that supposedly more liberals are involved in some cases (why? republicans don't care about their rights? are these just cases the person in question dislikes?) is no more than another aspect of that litigiousness. If "liberals" keep winning those damned court cases, you ought to change the law. He's got things backwards. And a judge shouldn't much care if an idea happens to be "liberal" or "republican" in the first place. A judge should care about the law. Compare my stance on the recent verdict against Wilders, even though I disagree with the law in question. The court is no space for such politicizing.

He has a long record; he's authored many opinions. You must be -to express such an opinion as that of your previous post- ignorant of them all.
Is that typical of European politics?
I gave my opinion of your presentation of the man -- not of the man himself, of whom I am indeed mostly ignorant.
European Court of Justice, US Supreme Court... same principle.

  • OakdaleFTL
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #281
Gorsuch was seated on the 10th Circuit Court (...just below our Supreme Court) in 2006. He received a unanimous vote in the U.S. Senate, including such arch-conservatives as Hillary Clinton, Chuck Schumer, Barack Obama and Harry Reid... :)
进行 ...
"Humor is emotional chaos remembered in tranquility." - James Thurber
"Science is the belief in the ignorance of experts!" - Richard Feynman
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  • OakdaleFTL
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #282
No comments? :) I'm not surprised...
进行 ...
"Humor is emotional chaos remembered in tranquility." - James Thurber
"Science is the belief in the ignorance of experts!" - Richard Feynman
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  • Frenzie
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #283
I shouldn't think you need a European to point out that:

a) Any kind of vote on the 10th Circuit, whether recorded or voice, is not a long-time tradition but has only been around since opposition against Clinton.
b) In spite of that, those votes were virtually always uncontentious until the Obama years, behold.

But you asked for it, so hereby.

  • OakdaleFTL
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #284
You missed the point entirely, Frenzie: People who were required to do due diligence voted for him in 2006 and now oppose him for...? Hm. They don't say; they can't... Because it's just anti-Trump rhetoric -- likely for the purpose of raising money for the next election cycle.
(Every pol needs cash, lots of it!)

Do you remember the flurry of nominations that required Reid to invoke the "nuclear" option, doing away with the 60-vote cloture rule in the Senate, to let Obama "pack" the 5th Circuit? :)
It worked. But now the Democrats are not only stuck with it; the Republicans have the votes to go "nuclear" again, allowing a mere majority to install a Supreme Court Justice over the objections of the minority party...

Gorsuch was acceptable in 2006. What in his record on the 10 Circuit Court alters that opinion? Unless there's some scandal, nothing.
If need be, the Senate will change its rules again, and the Democrats will have lost the fight they set up.

On the bright side: Gorsuch will be an outstanding justice, faithful to the constitution and the law.

Surely, you don't think the Democrats are opposed to that? :)
进行 ...
"Humor is emotional chaos remembered in tranquility." - James Thurber
"Science is the belief in the ignorance of experts!" - Richard Feynman
 (iBook G4 - Panther | Mac mini i5 - El Capitan)

  • Frenzie
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #285
You missed the point entirely, Frenzie: People who were required to do due diligence voted for him in 2006 and now oppose him for...? Hm. They don't say; they can't... Because it's just anti-Trump rhetoric -- likely for the purpose of raising money for the next election cycle.
Clearly "due diligence" means something different, if only in degree but possibly also in criteria, depending on the position in question. The point is that you're presenting something utterly unremarkable as if it were telling of something.

  • Mr. Tennessee
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #286

  • SmileyFaze
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #287

How Many Judges Will Trump Get?
Another Supreme Court Vacancy Could Happen This Year


Source:      POLITICO     
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Sen. Ted Cruz suggested Thursday that another seat on the U.S. Supreme Court will open up this summer, though he offered nothing to explain this premonition.

On stage at the annual Conservative Political Action Conference, Cruz also predicted that such a vacancy would prompt liberals to "go full Armageddon meltdown."

"I think we'll have another Supreme Court vacancy this summer," said Cruz, a Texas Republican who fought against President Donald Trump for the GOP nomination last year. "If that happens, as much as the left is crazy now, they will go full Armageddon meltdown."

Cruz isn't the first person to note that Democrats will probably fight harder if Trump has the chance to nominate a second justice to the Court. He has already nominated Judge Neil Gorsuch to fill the late Antonin Scalia's seat, but given that both are conservatives, Gorsuch would not change the Court's ideological balance if he were confirmed. A replacement of regular swing voter Anthony Kennedy or one of the liberals on the bench, meanwhile, would substantively change its direction.

Cruz also isn't the first to suggest that another seat could open up before Trump leaves office. Ruth Bader Ginsburg, of the Court's liberal wing, is 83; Kennedy is 80. And President Barack Obama appointed two justices over his first term.

Still, Cruz's remark prompted some snark on Twitter as users wondered whether he was hinting at a justice's retirement plans or, more darkly, implying that one of the sitting justices might die.

How Conservative will the Supreme Court get?

Very Conservative, or Extremely Conservative......WOW....how the worm has turned since last October when we were petrified at the mere thought that the Left might get 2-3 nominations,
& President Shillary Slick Willy was going to pick 'em!     



     In times of universal deceit, telling the honest truth is a revolutionary act.

  • Mr. Tennessee
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #288
Any (gentleman's) bets on how long it takes Gorsuch to be confirmed?

I'd wager less than a week. (I think he's a good choice.)
As usual, I have no idea how long it will take. Why do you think he's a good choice?
=======
What do you think of the mooted claim of a $54 billion increase in defense spending?

  • OakdaleFTL
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #289
Of course, you throw in the proposed increase in defense spending... Yeah, I think it's needed; the navy needs more ships, the army needs more men; the air force needs to better understand its mission -- which is to say: If close air support ain't it then that needs to be given back to the army (and marines). The mission is important; if the air force wants only the mission of air superiority, we can give it to them -- and cut them out of the real war-fighting.

But your main point was about Gorsuch...
Why do you think he's[Gorsuch] a good choice?
Are you really that unaware?
(You're old enough that I can give you a pass... Do you want it? :) )

Dear Martian: You don't understand us Earthlings! On your planet there are only Democrats, and Hillary won! :)
进行 ...
"Humor is emotional chaos remembered in tranquility." - James Thurber
"Science is the belief in the ignorance of experts!" - Richard Feynman
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  • krake
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #290
What do you think of the mooted claim of a $54 billion increase in defense spending?
"Defence spending"?
I'd call it what it is - war spending.
US  Budgetary  Costs of Wars through 2016: $4.79 Trillion and Counting

  • ersi
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #291
Why do you think he's[Gorsuch] a good choice?
Are you really that unaware?
(You're old enough that I can give you a pass... Do you want it? :) )

Dear Martian: You don't understand us Earthlings! On your planet there are only Democrats, and Hillary won! :)

So the point of appointing Gorsuch was that on your planet there are Republicans and Trump won. And that's why Gorsuch was appointed. And that's a good thing, because when Democrats appoint judges, they are partisan. It's bad to be partisan and that's why Democrats are bad. Right?

  • OakdaleFTL
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #292
Another Martian speaks... :)

Gorsuch is a textualist whose understanding of the position to which he's nominated is non-political and non-legislative. He is conservative, but his job --as he sees it (rightly, I think)--doesn't involve policy: Judicial activism won't be a problem from him. So, the leftists can relax...
进行 ...
"Humor is emotional chaos remembered in tranquility." - James Thurber
"Science is the belief in the ignorance of experts!" - Richard Feynman
 (iBook G4 - Panther | Mac mini i5 - El Capitan)

  • ersi
  • [*][*][*][*][*]
Re: Replacing Supreme Court Judge Antonin Scalia
Reply #293
Another Martian speaks... :)
Is that worse than Plutonian?

Gorsuch is a textualist whose understanding of the position to which he's nominated is non-political and non-legislative. He is conservative, but his job --as he sees it (rightly, I think)--doesn't involve policy: Judicial activism won't be a problem from him.
And how do you ensure that these assumptions of yours have any more value than your "I think" opinions have had formerly?

So, the leftists can relax...
So, it's a partisan thing for you exactly as I said.

  • OakdaleFTL
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #294
Not exactly: The two "sacraments" of the leftists are abortion on demand and gay marriage... These seem quite safe from a Justice Gorsuch. :)
Another -lesser- rite is the continued opposition to voter ID requirements. That's more open to question. It could well be that such will become a federalism issue in coming terms...
进行 ...
"Humor is emotional chaos remembered in tranquility." - James Thurber
"Science is the belief in the ignorance of experts!" - Richard Feynman
 (iBook G4 - Panther | Mac mini i5 - El Capitan)

  • Belfrager
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #295
The two "sacraments" of the leftists are abortion on demand and gay marriage...
I know a better definition of Leftists, the children of nobody desperately trying to be someone.
It suits you very well by the way.
A matter of attitude.

  • Barulheira
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Anti-this and anti-that
Reply #296
I always thought the two "sacraments" of the rightists are anti-abortion ant anti-gay marriage. Well... that's just a point of view.
(BTW, two things you can't stop by law regulation. Hence... irrelevancies.)

  • ersi
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Re: Anti-this and anti-that
Reply #297
I always thought the two "sacraments" of the rightists are anti-abortion ant anti-gay marriage. Well... that's just a point of view.
(BTW, two things you can't stop by law regulation. Hence... irrelevancies.)
Actually, gay marriage can easily be stopped by law. Why do you think gay marriage only became an issue with regard to legalisation? Without legalisation, it doesn't even exist!

Abortion is a bit different. With or without legalisation, it exists, but it's more costly for the parties involved when illegal.

  • Barulheira
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Re: Replacing Supreme Court Judge Antonin Scalia
Reply #298
I mean, their concern is about legalizing gay partnership - and calling it "marriage". Partnerships won't be stopped, but how they are handled is about names.

  • Frenzie
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  • Administrator
Re: Replacing Supreme Court Judge Antonin Scalia
Reply #299
(BTW, two things you can't stop by law regulation. Hence... irrelevancies.)
Dutch policies have been extremely effective at reducing abortion rates by preventing unwanted pregnancies. Don't confuse policies that are essentially just rephrased ideology with evidence-based policies actually aimed at solving problems.

I mean, their concern is about legalizing gay partnership - and calling it "marriage". Partnerships won't be stopped, but how they are handled is about names.
It's a lot more than names. There's hospital visitation rights, inheritance, adoption, immigration, etc., etc.