SCOTUS Justice Scalia passes today...

[randian]

Stare decisis....same reason Roe v Wade will not be overturned by the court's conservatives

Liberals don't respect stare decisis unless it's convenient for them.

 

[t84a]

SIAP: found dead with pillow over his head=murdered

 

[csanc123]

The Guns of Scalia​

Senator Leahy: Is there any doubt after the Court’s decision in Heller and McDonald that the Second Amendment to the Constitution secures a fundamental right for an individual to own a firearm, use it for self-defense in their home?

Ms. Kagan: There is no doubt, Senator Leahy. That is binding precedent entitled to all the respect of binding precedent in any case. So that is settled law.

You do know that Scalia wanted Kagan, right? He personally suggested her.

 

[Jim12]

Stare decisis....same reason Roe v Wade will not be overturned by the court's conservatives

It took 10 seconds of googling to find this link to a very lengthy list of cases in which the Supreme Court has overruled its own prior decision, in whole or in part. I haven't checked it for accuracy or completeness.

https://en.wikipedia.org/wiki/List_of_overruled_United_States_Supreme_Court_decisions

 

[Jim12]

The news keeps parroting that Kennedy was nominated by Reagan in late '87 before the '88 election (which GHWB would win), and approved under Reagan, so the GOP should be able to do the same for a '16 Obama nomination. If I remember correctly, Kennedy was a compromise choice after a Democratic Party led Senate rejected Robert Bork for political reasons earlier in '87.

So the vacancy that Kennedy filled was open for much longer, the Dems rejected a candidate they felt would not support their political positions, and Reagan compromised and nominated a moderate.

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I heard an expert on the radio this morning. There have been several instances of a vacancy lasting for an extended period, up to two years. Once, long ago during the madison/ jefferson era I believe she said, and I don't recall who, a proposed nominee pushed it off because his wife was pregnant and he couldn't be bothered. Those were the good old days.

 

[Jim12]

I agree. I think the next President will get at least a couple of appointments. Hopefully we'll have a Republican Senate and President at that point.

However, I do wonder if the Scalia replacement nomination goes quicker than expected and is confirmed, whether Ginsburg (in poor health, and having lost her husband a few years back and now her dear friend on the Court) may be thinking of retiring now under Obama. In fact, if she announced soon, I think there would be a lot of pressure to fill her slot now which becomes hard to argue against with two vacancies.

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It's not so hard to argue if you use the Democrats' line of reasoning and argument, which they have turned into a philosophy of governance: "Because we are in the majority, and that's the way it is. And if you disagree, you are an extremist, _____-ist, and _________-phobic" [fill in blanks, too long to type here].

We need more than just a replacement for Scalia. We need an insurance plan, so it would be better to get two. This is time to get out the political brass knuckles.

I'm all in favor of good faith negotiation and deal-making with parties who can be trusted and dealt with. Today's Democrats are not honorable or trustworthy, and they prove it every day, nationally and locally. They call Republicans the Taliban, hostage takers, and terrorists, and act as if they mean it. You cannot reason with petulant children or dogmatists.

 

[Mr H]

I have a secret hope that Ginsberg will decide to maintain the balance of the Court, and retire

 

[Boondock Saint]

I have a secret hope that Ginsberg will decide to maintain the balance of the Court, and resign

Sounds somewhat like an episode of the West Wing. Named, appropriately of course, The Supremes.

The Chief Justice is aging and is now of very questionable mind. He's the liberal lion on the Court. He refuses to retire because he believes that on his worst day, he's better than whatever milquetoast moderate the politically weak president could get through the Senate.

Later on, a staunch conservative dies on the bench. The White House, through back channels and with some wishy washy TV magic, convinces the current Chief to retire and gets the major players involved to agree to accept the nomination of a left winger as Chief in exchange for putting a legitimate conservative on the bench. The balance stays the same and each side gets the judge they most want onto the Court.

The debate these two characters had on screen struck me as what Scalia and Ginsberg might have had over the years. Two brilliant legal minds debating the issues of our day and coming, generally, to completely opposite conclusions based on their interpretation of the law.

 

[frogman68]

Heard another one being "considered" Trey Gowdy , that is to stop the investigation into Hillary. Don't think Obama will take the gamble and hope the demorats keep the WH

 

[Mr H]

Heard another one being "considered" Trey Gowdy , that is to stop the investigation into Hillary. Don't think Obama will take the gamble and hope the demorats keep the WH

I put that out last night in a fit of absurdity...

Where else did you hear it? That would be weird!

 

[frogman68]

I put that out last night in a fit of absurdity...

Where else did you hear it? That would be weird!

Fox 45 , they also mentioned a Senator from Utah or Nevada (didn't catch his name) who is a rising star for the Republicans

 

[Jim12]

Ah, but in the Senate, no more than 1/3 of the body could be unseated...

Hmm... That warrants some research, but what happens at the end of the 114th Congressional session, whose term ends on Jan. 3, 2016? Even though 1/3 of the Senate is up for re-election, can they vote to stay in session with the holdovers, after the term? What business could be transacted? Are you trying to provoke a Constitutional crisis?

 

[Mr H]

Fox 45 , they also mentioned a Senator from Utah or Nevada (didn't catch his name) who is a rising star for the Republicans

Hmmm... Utah...

Not a Senator, but could it have been Jason Chaffetz?

Oh, wait... he just happens to be the current Chair of the House Oversight Committee...

Hmmm........

 

[Jim12]

Obama's not going to waste a valuable long term, game-changing Supreme Court pick in trade for short term political win like stopping a House investigation. Nyet to Gowdy or Chafetz.

That would be like trading away five Taliban generals for a deserter, or giving Iran $150 billion and an ok to make nukes in exchange for a promise to self-police and report its lack of progress.

Everybody knows 0 only makes trades like that with deadly enemies who want to kill us and he wants to befriend; not with his fellow countrymen who are his arch enemies.

 

[iH8DemLibz]

Per Rush Limbaugh: BHO will nominate a Saul Alinsky Jr. type.

Couldn't agree more.

No Confirmation. Period!

 

[Mr H]

Some things to consider...

Anyone nominated can decline, or remove themselves from consideration
Just because a nominee was approved for another seat doesn't mean squat (Bork)
Political games will be played (and I don't rule out deployment of Tactical Shiny Objects)
"Recess Appointment" is all but a non-starter
Anyone nominated must go through Committee vetting and approval

THEN, the full Senate comes into play...

 

[whistlersmother]

Why do I get flashbacks to Dr. Strangelove when they realized the last bomber got through...

 

[Mr H]

Mr. Newt just said that the vacancy will guarantee that every 2A supporter will come out to vote.

If only......

 

[frogman68]

Mr. Newt just said that the vacancy will guarantee that every 2A supporter will come out to vote.

If only......

I said that the other day.

Scalia's last great act was to ensure a demorat doesnt get elected

Maybe everyone gets their ideas from here

http://www.mdshooters.com/showpost.php?p=4223500&postcount=162

 

[Jim12]

Mr. Newt just said that the vacancy will guarantee that every 2A supporter will come out to vote.

If only......

This ^ ^