SCOTUS Kennedy just retired.

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Re: SCOTUS Kennedy just retired.

Postby deanimator » Sat Jun 30, 2018 5:13 pm

schmieg wrote:The Democrats stopped being liberals in the early part of this century and became progressives. If you check out the history of the progressive movement, you will find that it encompasses both Republicans and Democrats. In the 30's, the progressives idolized Mussolini and Hitler until things started happening in Europe that made such adoration a political liability. Today, they still hold a lot of the same views, but the stigma is no longer there.

Back in the '80s, I used to say, "A progressive is somebody who thinks 'We shouldn't forget all of the good that Stalin did.'"
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Re: SCOTUS Kennedy just retired.

Postby schmieg » Sat Jun 30, 2018 11:16 pm

deanimator wrote:
djthomas wrote:I always find impeachment talk hilarious. The dreamy-eyed always forget that its a two step process. Yes, a simple majority of the House is needed to impeach someone. But then it takes two thirds of the Senate, yes TWO THIRDS to convict! That's 67 votes to remove the person from office. It's statistically impossible for the Democrats to have 67 senate seats in 2019; the Republicans only have 9 standing for election this round. Even an electoral shutout would give them 58 seats at best.

I'm constantly struck with the impression that the "intersectional" left watched "The Trial of Billy Jack" and thought it was a documentary...

While I really liked Born Losers and though Billy Jack was pretty good, The Trial of Billy Jack was a joke except for the magnificent scenery.
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Re: SCOTUS Kennedy just retired.

Postby JimE » Sun Jul 01, 2018 10:56 am

schmieg wrote:The Democrats stopped being liberals in the early part of this century and became progressives. If you check out the history of the progressive movement, you will find that it encompasses both Republicans and Democrats. In the 30's, the progressives idolized Mussolini and Hitler until things started happening in Europe that made such adoration a political liability. Today, they still hold a lot of the same views, but the stigma is no longer there.


Have I not read that Joe Kennedy (then Ambassador to Britain), displayed enough pro Nazi sediment that Churchill considered having him assassinated ?
I believe Henry Ford was also an admirer of the Nazi regime, at least prior to WWII.
That is just the two that stick in my mind.

Compare this to what we have today, with the elites (both political & private) backing the destruction of nations ( especially the US) thru immigration, surveillance, loss of rights, etc., without regard to political affiliation, just to gain a concentration of power and wealth.
Make no mistake, these modern "masters" are willing to sacrifice our lives for their goals.
There is no way they can tolerate a USSC that returns to the roots of the Constitution.
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Re: SCOTUS Kennedy just retired.

Postby bignflnut » Mon Jul 02, 2018 8:07 am

schmieg wrote:The Democrats stopped being liberals in the early part of this century and became progressives.


To that end, there is a "movement" afoot on the left side of the spectrum to reject the more extreme rhetoric being put forth.

We’ve been covering the effects of the 2016 election on the left, and we aren’t the only ones who’ve noticed just how depraved and debased Democrats and the left have become.

The #WalkAway movement consists of free-thinking liberals who are horrified by what has become of their side, of the Democratic Party, and they are posting videos and social media shares on why they have chosen to #WalkAway.

SNIP

It’s important to note that most of those who #WalkAway are not embracing the GOP or even considering themselves conservatives or of the right; they are just walking away from the left and the Democratic Party.


Free agents, just like Lebron....eventually they'll find a new home...
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Re: SCOTUS Kennedy just retired.

Postby bignflnut » Mon Jul 02, 2018 8:26 am

Chief Justice John Roberts is the Supreme Court's new man in the middle. It's just that the middle may have moved well to the right.

The retirement of Justice Anthony Kennedy means Roberts probably will be the conservative justice closest to the court's four liberals, allowing him to control where the panel comes down in some of its most contentious cases.

Roberts will be the justice who determines "how far they go and how fast they go," said Washington lawyer John Elwood.

Kennedy played a similar role for many years - his votes on gay rights, abortion, the death penalty, the environment, voting rights and affirmative action basically determined the outcome of cases on which the court was divided between liberals and conservatives.

SNIP

In one sense, the Supreme Court's immediate future could look a lot like the term that just ended. Roberts seemed firmly in control of a court that overwhelmingly went conservative in divided cases, including upholding President Donald Trump's travel ban, striking a blow at public-sector labor unions, limiting workers' rights to band together to complain about pay and affirming Ohio's aggressive efforts to purge its voting rolls.

SNIP

For all his votes on the conservative side of issues, Roberts has had his critics on the right. They include Trump, who once labeled Roberts "an absolute disaster" for the chief justice's critical vote to uphold the Affordable Care Act in 2012. Trump has not publicly criticized Roberts since he's been president.

The case arose in the middle of the 2012 presidential campaign, in which Barack Obama was seeking re-election and the health care law also known as "Obamacare" was a major issue. Then, as now, the five conservatives were nominees of Republican presidents, while the four liberals were chosen by Democrats.

In the end, Roberts sided with the liberals, a decision some court observers have attributed in part to concern about public perceptions of the court and the chief justice's desire to be seen as above the political fray.

"He's conservative, but he is an institutionalist. He believes deeply in the Supreme Court," said George Washington University law professor Jonathan Turley.

A test of Roberts' ability to set the court's agenda could come on the topic of guns, said UCLA law professor Adam Winkler.

Roberts voted in favor of gun rights in two cases that held that Americans have the right to have guns, at least for self-defense in their homes. But the court has since rejected repeated attempts to expand on the right of gun ownership, in part because Roberts and Kennedy would not join the other conservative justices to take on a new case.

It takes the votes of four justices for the court to agree to review a case. If Kennedy's replacement is a fourth vote for a new case about guns, then Roberts might soon have to weigh in on issues like the right carry a concealed firearm in public or bans on assault weapons, Winkler said.


Team Scarlet R appointed the previous swing vote (Kennedy being a Reagan appointee), and will have done so again.
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Re: SCOTUS Kennedy just retired.

Postby bignflnut » Mon Jul 02, 2018 3:03 pm

But the rancor is already at fever pitch for the two moderate Republican pro-choice senators whose votes will be crucial to the future of abortion rights and the fate of President Donald Trump's nominee to replace Kennedy, certain to be a pro-life jurist.

And with Sen. John McCain absent due to his fight with cancer, just one "nay" vote from either Collins or Murkowski would sink the nomination; nary a Democrat will vote for a conservative on Trump's reported short list.

"This is a legacy vote. Very few people in the Senate, even those who’ve been here for a long time, will cast a more important vote than this," Democratic Sen. Chris Murphy told the Times.



U.S.—As President Trump prepares to select his nominee to replace Justice Kennedy on the Supreme Court, Republicans across the country confirmed they were “really excited” to finally have a decisive majority of Supreme Court justices appointed by Republican presidents, just like they did when Roe v. Wade was decided in 1973.

“At long last, we’ll have a solid majority of justices who were chosen by Republican presidents, so we can overturn this awful decision made by a majority of justices who were chosen by Republican presidents,” a Fox News consultant said in a daytime program Monday. “What could possibly go wrong?”
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Re: SCOTUS Kennedy just retired.

Postby bignflnut » Tue Jul 03, 2018 2:42 pm

Image
“A free people claim their rights, as derived from the laws of nature, and not as the gift of their chief magistrate.”
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Re: SCOTUS Kennedy just retired.

Postby bignflnut » Thu Jul 05, 2018 8:20 am

The inclusion of Judge Raymond Kethledge on President Donald Trump’s shortlist to replace Supreme Court Justice Anthony Kennedy has some in conservative circles worried history may be repeating itself, Breitbart News has learned.

SNIP

Despite his generally conservative record of decisions on the bench, three sources familiar with Kethledge’s reasoning and judicial philosophy have raised concerns with Breitbart News over his tendency, not unlike his one-time boss Justice Kennedy, to resort to sweeping moral judgment, rather than constitutionally-mandated restraint, in reaching his opinions.

SNIP

An opinion Kethledge joined in 2016 similarly raised questions as to the centrality of originalism in Kethledge’s approach to the Second Amendment.

In Tyler v. Hillsdale County Sheriff’s Dept., all 15 judges of Kethledge’s court reheard an earlier panel decision and ruled 9-6 in favor of Clifford Tyler, a Michigan man a magistrate sent for a brief stay at a mental health facility after his children found him distraught on learning his wife of 23 years had run off with another man — and his life savings — and called the police, fearing their father might harm himself. Thirty years later, Tyler sought to have his right to purchase a gun, lost forever as a result having been in a mental hospital for 30 days in the 1980s, restored. Kethledge sided with the majority, joining Judge Jeffrey Sutton’s concurring opinion, one of several siding with the man who, under Michigan law, had no mechanism to petition to dispute his status as “mentally ill” and who was unable to own firearms, despite having led an exemplary life without signs of mental illness for decades.

Kethledge had the option of joining one of several pro-gun opinions, including a heavily “original meaning” focused one which criticized the controlling opinion in the case for “giving little more than a nod to the originalist inquiry.”

But Kethledge instead joined the Sutton opinion, which focuses largely on the injustices endured by the mentally ill, criticizing the government for tacking too close to “the unfair generalizations that once applied to individuals with mental health challenges” in its arguments. Sutton, for example, made reference to the infamous 1927 Supreme Court case Buck v. Bell, that upheld Virginia’s eugenic sterilization laws for the mentally ill.

“The key insight,” Sutton concluded, “is that no government may permanently deny rights based on generalizations stemming from classifications about any individual who once was institutionalized.”

The implications of Kethledge’s decision to join Sutton’s Tyler concurrence are uncertain, but may suggest a judicial philosophy on the Second Amendment that stands at odds with the originalist direction paved by Justice Antonin Scalia when he crafted the Heller decision.

SNIP

When Judge Kavanaugh, for example, addressed the very first major post-Heller Second Amendment case at the appellate level, he delivered a blistering, original meaning-driven dissent to the D.C. Circuit’s decision to uphold Washington, D.C.’s attempts to preserve as much of the very gun regulations at issue in the original Heller case as possible.

“In my view, Heller and McDonald leave little doubt that courts are to assess gun bans and regulations based on text, history, and tradition,” Kavanaugh writes, adding later:

The Constitution is an enduring document, and its principles were designed to, and do, apply to modern conditions and developments. The constitutional principles do not change (absent amendment), but the relevant principles must be faithfully applied not only to circumstances as they existed in 1787, 1791, and 1868, for example, but also to modern situations that were unknown to the Constitution’s Framers.

“Our role as a lower court is simply to apply the test announced by Heller to the challenged provisions of D.C.’s new gun laws,” Kavanaugh concludes, emphasizing judicial restraint.

When another judge reportedly under close consideration for Kennedy’s post, Thomas Hardiman of the Third Circuit, wrote a concurring opinion in a post-Heller case on the application of laws prohibiting felons from possessing guns, he writes, “[A] common thread running through the words and actions of the Founders gives us a distinct principle to inform our understanding of the original public meaning of the text of the Second Amendment,” and engaged in an extensive historical analysis of the application of laws banning dangerous people from owning guns throughout the history of the United States, pre-constitutional America, and England.

This Hardiman opinion, in Binderup v. Attorney General, became an instant classic of Second Amendment originalism, thrilling the National Rifle Association and pro-gun rights legal scholars.
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Re: SCOTUS Kennedy just retired.

Postby bignflnut » Thu Jul 05, 2018 8:43 am

M-Quigley wrote:
I've always heard Kennedy described as more of a libertarian politically than a conservative, so it's not surprising he would side with the liberals sometimes on certain social issues.


Have you ever heard him called an "activist judge"?
Unwittingly, Kennedy may have crafted the perfect weapon for activist judges. His historic rulings may stand the test of time. But if any of his major opinions are voided by future courts, the weapon may not bear the fingerprints of his more conservative replacement but rather, in a strange way, his own.

SNIP

The problem for Kennedy: That “weakest” application of stare decisis could be applied to many of his most important decisions, which turn on his view of inherent rights contained, but not always enumerated, in the Constitution. Rejecting the notion that stare decisis is an “inexorable command” and downgrading it to a pliable consideration will allow reversals of his opinions. Just as the court could set aside the 1992 decision in Quill Corp., a more conservative successor could find that equally corrective measures are needed for Kennedy’s opinion (with Sandra Day O’Connor and David Souter) in Planned Parenthood v. Casey , the 1992 case preserving the right to abortions.

The uncomfortable fact is that Kennedy’s legacy is as fragile as it is immense. Many of his rulings were decided by a one-justice margin: He supplied the critical fifth vote upholding the right to burn the American flag in Texas v. Johnson in 1989, declaring, “It is poignant but fundamental that the flag protects those who hold it in contempt.” He was with the 5-to-4 majority in Kennedy v. Louisiana (2008), which said convicts could not be put to death for child rape. In the 5-to-4 Boumediene v. Bush ruling (2008), he afforded Guantanamo detainees basic due process protections. Only five justices voted to decriminalize gay sex in Lawrence v. Texas (2003). The same number found a right to same-sex marriage in Obergefell v. Hodges (2015).

With his legacy dangling by a single vote — his own — Kennedy advanced views that were not necessarily shared even by some of the justices who joined his opinions. He fought for decades to create a controversial constitutional “right to dignity,” for instance.

SNIP

The idea of a constitutionally protected right to dignity infuriates many constitutional textualists on the right. For them, this is a creature of Kennedy’s imagination, not the Constitution. If Trump’s next court nominee doesn’t share Kennedy’s view (which he or she is unlikely to do), his replacement might wind up citing Kennedy’s own words in Wayfair to scrap “equal dignity” as any kind of legal standard.

SNIP

Of course, Kennedy doesn’t just have a couple of cases at stake. Much of his legacy is in the balance, and in his final week he offered his strongest support for the rationale that could undo it. At 81, he not only provided President Trump with ample time to secure a more conservative nominee but provided that nominee with ample means to discard his signature rulings.


This guy was a real problem for a long time...and another of Reagan's failures...

While we often expect "activist" judges on the left, we got at least one after Bork failed.
A single Justice’s judicial philosophy can affect the lives of millions of Americans. Senators have the right to know that philosophy before giving a nominee life tenure to hold such an awesome power. A nominee that deprives the Senate of this knowledge simply does not deserve to be on the Court.

There are encouraging early signs that some senators recognize these stakes. The day that Justice Kennedy announced his retirement, Sen. Patty Murray (D-Wash.) invoked the parallels to Judge Bork’s nomination. “Robert Bork was rejected, and Justice Kennedy took his place,” she said on the Senate floor. “And today we face similar stakes right now, in this moment.”

The Senate must stand ready to ensure that any nominee to serve on the Supreme Court commits to upholding Justice Kennedy’s core legacy of safeguarding the rights and dignity of all Americans. As the vast difference between Robert Bork’s America and Anthony Kennedy’s shows, nothing less than the future of the country is at stake.


"Are you better off?", indeed, President Reagan.
“A free people claim their rights, as derived from the laws of nature, and not as the gift of their chief magistrate.”
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Re: SCOTUS Kennedy just retired.

Postby schmieg » Thu Jul 05, 2018 8:57 am

I'm not familiar with the Tyler case, but it is quite possible that, under Michigan law, there was no recourse available for the man.
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Re: SCOTUS Kennedy just retired.

Postby bignflnut » Sat Jul 07, 2018 8:47 am

...President Trump is considering nominating to the Supreme Court an appellate judge who has argued that Americans have a constitutional right not only to keep guns at home — as the high court has ruled — but also to carry them in public.

U.S. Appeals Court Judge Thomas M. Hardiman has also written that convicted criminals, including some felons, should be able to recover their right to own and carry guns, as long as their crimes were not violent.


Good luck with THAT distinction...

“He believes the government has very little leeway in regulating guns. He thinks the only types of gun-control laws that are constitutionally permissible are ones that existed at the founding,” said Winkler, author of “Gunfight: The Battle Over the Right to Bear Arms in America.” He described Hardiman as a “Second Amendment extremist.”

Hardiman has said he is fulfilling his duty as a federal judge to apply the Constitution, regardless of his policy preferences or principles. “No matter how laudable the end, the Supreme Court has long made clear that the Constitution disables the government from employing certain means to prevent, deter or detect violent crime,” he wrote in a 2013 dissent.

Hardiman, 52, joined the federal bench after being nominated by George W. Bush in 2003. Three years later, he was confirmed to the appeals court. In 2017, he was one of two finalists to fill the seat that had belonged to Justice Antonin Scalia. Trump ultimately chose Neil M. Gorsuch.

But now Hardiman — who, according to Politico, has been endorsed by his colleague on the 3rd Circuit — and the president’s sister — Judge Maryanne Trump Barry, is said to again be among a handful of judges who have made Trump’s short­list, a possibility that has alarmed gun-control advocates.


Here's hoping that whoever is placed on the bench will rebuke the ATF/DOJ/Trump Administration on redefining machine guns, NICS, FFLs, and a host of other tyrannical dictates.
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Re: SCOTUS Kennedy just retired.

Postby catfish86 » Mon Jul 09, 2018 1:59 pm

I am very concerned about getting a closet liberal. Corbett seems a very solid conservative. In some ways she is the best shot at getting a true conservative through because, as a Catholic, the left attacks her for being a PRACTICING Catholic and paints that as unsuitable. That is unsustainable as an attack on someone based on their religion and most likely to get the votes of the "prochoice" Republicans.
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Grant me the serenity to accept the things I cannot change,
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and the Wisdom to know the difference.

Carrying a gun is a right, not a crime.

Gun control is racist.
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Trump picked Kavanaugh

Postby kcclark » Mon Jul 09, 2018 11:29 pm

Cordray apparently had his anti-whomever-Trump-picked statement pre-typed because he and Kavanaugh were at the very least work buddies. Both clerked for Kennedy and worked together at a law firm. Kavanaugh also donated to two of Cordray's campaigns.

From Cordray's Facebook page:
Donald Trump’s decision today underscores the critical need for Ohioans to have a key backstop in place for them - a Governor who will stand on their side and fight back against attempts to undermine our rights.

In Ohio, we must put fairness to people and their families first, ahead of powerful special interests. We must respect women’s personal decisions about their health, not dictate to them. And we must defend the rights of working people to bargain collectively for fair wages and safe working conditions.

The fight for the values that matter most to Ohioans is now even more important in the states. Right now there is nothing more consequential for Ohio’s future than making sure Mike DeWine never becomes governor.

Add your name and join me in the fight for Ohio's future.
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Re: SCOTUS Kennedy just retired.

Postby bignflnut » Tue Jul 10, 2018 10:05 am

Is Cordray advocating the Doctrine of the Lesser Magistrate?

I'm all for that -- localized decentralized control. That said, I have every reason to doubt that Cordray is speaking this way in anysincerity. It's red meat in an election season.

On Kavanaugh:

That long association with the D.C. legal establishment is also the curious element of this nomination. The Supreme Court justice that Kavanaugh most resembles in both career and philosophy is Chief Justice John Roberts, who you may recall, was once described by Donald Trump as a “disaster in terms of everything we stand for.” (Kavanaugh was credited by George Bush with convincing him to select Roberts over options like Samuel Alito to replace William Rehnquist.)

Kavanaugh also was not the safest bet for this nomination. The easiest option would have been someone like Thomas Hardiman, who repeatedly has been on the short list for his conservative but largely uncontroversial record. (Hardiman holds the unenviable position as an “always the bridesmaid never the bride” candidate for the court.) Kavanaugh, in contrast, comes with baggage from his long career threading through our nation’s greatest controversies. He has written more than 300 opinions and carries a huge record in the executive branch that will make the expedited confirmation schedule challenging to fulfill.

However, Kavanaugh is likely to be confirmed and to place maximum pressure for a “yes” vote on Democratic senators in purple states like Heidi Heitkamp of North Dakota, Joe Donnelly of Indiana, Claire McCaskill of Missouri, and Joe Manchin of West Virginia. He is the perfect wedge nominee to put these senators at odds with the conservative and independent voters they will face in their midterm reelection bids.


There ya go. Swampy type Roberts-esque dude simply to stick it to certain Ds who can't win re-election by sticking with the rabid left.

Kav needs to put his daughters in the highest tower or the dankest bunker until the next nomination opens up.
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Re: SCOTUS Kennedy just retired.

Postby bignflnut » Tue Jul 10, 2018 11:11 am

Judge Nap not impressed.
Vince Foster, Clinton Impeachment, NSA data spying....oh...the circus gets more spectacular...
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