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Replacing Justice Rehnquist

Discussion in 'Legal' started by riverdog, Oct 26, 2004.

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  1. riverdog

    riverdog Member

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    Either Bush or Kerry will be nominating a judge to fill the void when Justice Rehnquist leaves the SCOTUS. I for one would not want Kerry to be nominating a Clinton or other infamous liberal to the bench.
     
  2. BigG

    BigG Member

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    I agree, but any appointment to SC is a crap shoot. Look at what a disappointment SD O'Connor, Souter, etc., are. :banghead:
     
  3. Henry Bowman

    Henry Bowman Senior Member

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    Nominate me. I will not disappoint you. (Nor will I be confirmed by the Senate :neener: .)
     
  4. Cool Hand Luke 22:36

    Cool Hand Luke 22:36 member

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    The Republican Senate under Lott and Frist have proven to be utterly unable and unwilling to do what it takes to get conservative judicial nominess past threatened Democrat filabusters.

    That's going to have to change if there's to be any hope for a more conservative court.

    How did the Dems get the radical leftie Ginzberg onto the court? Where was the threatened Republican filabuster on that one.
     
  5. riverdog

    riverdog Member

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    Trust me, if Kerry gets in a Clinton on the SCOTUS will not disappoint. You'll see legislation from the bench that will make your eyes water.
     
  6. BigG

    BigG Member

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    Trust me, I already have. :uhoh: :cuss:
     
  7. Gary H

    Gary H Member

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    If Kerry gets in you will see Hillary on the court. Arlan Specter will be the chairman of the judiciary committee and the liberal Republican Senators will put her over the top.
     
  8. boofus

    boofus Guest

    Justice Ron Paul has a nice ring to it.
     
  9. Norton

    Norton Member

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    This is the scariest issue facing the us as supporters of the 2nd amendment IMHO. If we lose the precarious balance that we have right now in the SCOTUS....we could be in very serious trouble.
     
  10. Silver Bullet

    Silver Bullet Member

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    Third-party advocates -- are you paying attention to this ?
     
  11. Standing Wolf

    Standing Wolf Member in memoriam

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    If that's a nomination, I'll second it!
     
  12. R.H. Lee

    R.H. Lee Member

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    Naw. They always disappear when it comes time for any heavy lifting. They don't seem to like to deal with the mundane realities.
     
  13. Gordon Fink

    Gordon Fink Member

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    Damned if we do and damned if we don’t … :rolleyes:

    ~G. Fink
     
  14. Sindawe

    Sindawe Member

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    Mr. Bush has proven himself to be no friend of our rights and liberties. The way I see it, we have a choice 'tween Lenin, Moussalini or Paine.
     
  15. Dbl0Kevin

    Dbl0Kevin Member

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    There you go talking about realities again......come on don't you know it's all about principals and "sending them a message". :neener:
     
  16. Gordon Fink

    Gordon Fink Member

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    No. It just doesn’t matter in this case.

    ~G. Fink
     
  17. Ian

    Ian Member

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    Obviously, any robe appointed by Bush will fully support the Patriot Act. If we assume that any Kerry nominee will fully support gun prohibitions, that leaves us with a doozy of a choice: black market guns or an ID/surveillance State. Can't say either prospect is appealing, but at least the gun ban will create controversy. There's no popularly understood constitutional block to complete Federal control of the markets through IDs and background checks.

    Besides no politician will ever nominate a judge who would consider changing the centuries of precedent already built up. The really core of the problem is way back in the early rulings about the general welfare clause. To upend those would cause such political chaos that it'll never happen (unless the Court mysteriously becomes 51% libertarian - I'm not holding my breath).
     
  18. riverdog

    riverdog Member

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    In Bush's case, the ACLU, along with the NY Times, WA Post et al will be there in force to support the 1st and 4th Amendments. In Kerry's case, the NRA and GOA et al The 1st and 4th have a much deeper case law supporting them than does the 2nd. I'm not too worried about the 1st and 4th under Bush, I'd be very concerned about the 2nd under Kerry.
     
  19. Silver Bullet

    Silver Bullet Member

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  20. Ian

    Ian Member

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    Look how much good the ACLU, Times, and Post did in the Hiibel case. Case law doesn't matter really, only public opinion. Look at SC decisions over slavery, segregation, or FDR's myriad scemes - without a large and very vocal opposition, government power gets confirmed and upheld. Sadly, that sort of opposition to the ID State simply doesn't exist .
     
  21. riverdog

    riverdog Member

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    Regardless, if you think an Ashcroft Justice Department likes the Patriot Act, pray that Kerry doesn't get to appoint the next Attorney General.
     
  22. spartacus2002

    spartacus2002 Member

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    "Justice Skunkabilly" has a nice ring to it....
     
  23. carpettbaggerr

    carpettbaggerr Member

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    Yeah? Everyone knew which way Souter would vote too, didn't they.
     
  24. riverdog

    riverdog Member

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    Bush has indicated he would look for a "strict constructionist" as a judicial nominee to the SCOTUS. As I understand the term, it means someone who reads the constitution for what it says rather than for what they would like it to mean. In these times, a "strict constructionist" on the SCOTUS is about as much as you can reasonably ask for; to actually get one would be a blessing.
     
  25. Brett Bellmore

    Brett Bellmore Member

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    Yeah, I really believe that Bush is going to deliberately appoint a Supreme court justice who'd reliably vote to strike down as unconstitutional most of Bush's policy initiatives. Which is what any strict constructionist would do...

    My take on it is that Bush might screw up, and accidentally appoint one or two good Justices. OTOH, Kerry would be very careful indeed not to appoint any Justice we'd find acceptable.
     
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