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Deltaville
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20 Feb 2016, 7:38 pm

Apologies for my week-long absence, had unforeseen family events.

Is it plausible that the new Supreme Court appointee, when nominated, would finally polarize the court towards a left-wing leaning jurisprudence that has not been seen since the Warren court years?


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techstepgenr8tion
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20 Feb 2016, 9:29 pm

Being that a simple majority is decisive and dissenting opinions are strictly advisement - 5 vs. 4 the other way? Of course it's possible.


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20 Feb 2016, 11:25 pm

I don't think a blatantly liberal person will be confirmed by the Senate.

Most likely, a moderate or conservative will fill the vacancy. Roberts is still the Chief Justice.



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21 Feb 2016, 2:33 am

If the Supreme court were to return to the Warren days, I'd have no doubt that we'd see the right screaming for impeachment, just like they had called for Earl Warren's impeachment following the court's pro-civil rights rulings.


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auntblabby
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21 Feb 2016, 2:38 am

we can dream in any case. Image



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21 Feb 2016, 5:52 am

I doubt that the Democrats would need a new Warren Court, or that the GOP would gain much from preventing one.

Recall that:

- John G. Roberts Jr. was responsible for saving Obamacare in National Federation of Independent Business v. Sebelius (2012), and Kennedy joined him in defending it again in King v. Burwell (2015)
- Majority opinions by Anthony Kennedy starting with Lawrence v. Texas (2003) have likely done more for LGBT rights in the US than everything everyone else has ever done combined.
- There is a majority in SCOTUS of upholding Roe v. Wade (1973), since Kennedy sided with the Liberal justices in Planned Parenthood v. Casey (1992). And Roberts have publicly stated - more than once - that Roe v. Wade is a "settled" issue, strongly suggesting that he would not overturn it.

... So, several major issues for the Democrats are either championed/defended or at the very least supported in SCOTUS by 1 or 2 justices appointed by Republican presidents.

Roberts in particular is interesting, because he is currently the 2nd youngest Justice at 61 (the only one younger is Kagan at 55). He could very likely serve for another 2 decades, thus providing a long-term defence of Obamacare,



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21 Feb 2016, 5:57 am

They will hang it up the nominee in committee or have it "Borked" in the Senate. My suggestion is to vote down the nominee in committee. Keep voting them down until they get an acceptable candidate.



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21 Feb 2016, 11:15 am

frenchmanflats wrote:
They will hang it up the nominee in committee or have it "Borked" in the Senate. My suggestion is to vote down the nominee in committee. Keep voting them down until they get an acceptable candidate.


Acceptable as in how?


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21 Feb 2016, 11:57 am

Obama isn't going to be able to nominate someone to court before his term is over

the next president will choose

basically the only way you're getting a left wing activist judge in there is if Bernie Sanders wins and wins a majority in the senate as well.



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21 Feb 2016, 4:46 pm

Jacoby wrote:
Obama isn't going to be able to nominate someone to court before his term is over

the next president will choose

basically the only way you're getting a left wing activist judge in there is if Bernie Sanders wins and wins a majority in the senate as well.


The Republicans should be forewarned: obstructing a President from fulfilling his constitutional duty of appointing a new Supreme Court judge might just backfire on them come their own elections.


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auntblabby
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21 Feb 2016, 4:47 pm

they will never learn.



Deltaville
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21 Feb 2016, 7:29 pm

GGPViper wrote:
I doubt that the Democrats would need a new Warren Court, or that the GOP would gain much from preventing one.

Recall that:

- John G. Roberts Jr. was responsible for saving Obamacare in National Federation of Independent Business v. Sebelius (2012), and Kennedy joined him in defending it again in King v. Burwell (2015)
- Majority opinions by Anthony Kennedy starting with Lawrence v. Texas (2003) have likely done more for LGBT rights in the US than everything everyone else has ever done combined.
- There is a majority in SCOTUS of upholding Roe v. Wade (1973), since Kennedy sided with the Liberal justices in Planned Parenthood v. Casey (1992). And Roberts have publicly stated - more than once - that Roe v. Wade is a "settled" issue, strongly suggesting that he would not overturn it.

... So, several major issues for the Democrats are either championed/defended or at the very least supported in SCOTUS by 1 or 2 justices appointed by Republican presidents.

Roberts in particular is interesting, because he is currently the 2nd youngest Justice at 61 (the only one younger is Kagan at 55). He could very likely serve for another 2 decades, thus providing a long-term defence of Obamacare,


The Supreme Court has in the last decade somewhat tilted between liberal decisions and conservative decisions, a fact that can likely be attributed to Justice Kennedy's swing vote. The frame of thought that I currently have is that any new appointment by any democrat president is likely to be left wing in terms of jurisprudence. The fact that a vacant seat will soon be filled by a democrat appointee, would mean that a solid liberal 5-4 voting framework would exist for the first time since the Warren years (when Arthur Goldberg was associate Justice.)


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auntblabby
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21 Feb 2016, 7:31 pm

all that is assuming the senate is cooperative at last OR a democrat wins this November and the senate cooperates.



Deltaville
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21 Feb 2016, 7:34 pm

auntblabby wrote:
all that is assuming the senate is cooperative at last OR a democrat wins this November and the senate cooperates.


You are correct. Having a new judge nominated is one thing, but having the senate confirm the nomination is an utterly different matter. Nevertheless, I hope that a new era of liberal decisions can finally materialize.


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auntblabby
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21 Feb 2016, 7:36 pm

all we can do at this point is pray like a sonofagun.



Deltaville
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21 Feb 2016, 7:42 pm

kraftiekortie wrote:
I don't think a blatantly liberal person will be confirmed by the Senate.

Most likely, a moderate or conservative will fill the vacancy. Roberts is still the Chief Justice.


If I am not mistaken, the Chief Justice of the SCOTUS still only has a single vote when deciding a case.

Though you may be correct, it is still plausible to consider the possibility that the next associate justice could very well be a strict moderate, such as Byron White.


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