[Primateus]

Cause, on 07 September 2018 - 08:06 AM, said:

What's the deal with this judge. He is republican and conservative. One of the major issues is abortion. However I also see that the vast majority of democrats (80%) and half of Republicans (49%) support abortion. That's means roughly 65 percent of Americans overall. Is this judge really going to overturn something that most Americans want. Why would he do that. Also the judiciary does not create law just interpret it? So shouldn't abortion be decided by the senate anyway?

Otherwise I keep hearing that his nomination will effect the Supreme Court for decades? Do they serve untill retirement? That seems a bizarre way to have it work.

What other rulings are people worried about?

As I understand it, Cause, the "interpreting" part means that the law basically already exists, the court just makes it clear that it is so.

And since when has what the majority wanted ever mattered to these people?

[HoosierDaddy]

SCOTUS is the arbiter of what the Constitution means. You can make any law, and SCOTUS can strike it down as unconstitutional. That's why it is a big deal. A lifetime appointment to one of nine seats that literally say "yay" or "nay" to any law or other case law in the entire US. There is a reason every law student has to go through a year of constitutional law classes as a simple primer.

[Cause]

Most americans want it.

The SCOTUS already has said abortion is legal.

I would think they would need an amazing argument to walk this back? Also surely their is a number of senetars that can overrule the SCOTUS? How else do constitutional amendments get made?

Also seems that lifetime appointments may be a bad idea

[Aptorian]

Lifetime appointments are good in the sense that once they are appointed they need not fear a guy like Trump firing them for not doing his biding. Nor do they need to have some kind of re-election campaigns. See Poland where things are about to get fucked up.

[HoosierDaddy]

SCOTUS also said slavery was okay. Jim Crow laws were okay. Etc. It's called a "living Constitution." It can/could change with time. As opposed are "Originalists", who believe the only way to interpret the Constitution is what the Founders actually believed at its inception. Which, IMHO, is idiocy and the doctrine of strict, strict, conservative ideology.
No amount of Senators can overrule a SCOTUS decision. It is not easy to make a new Constitutional Amendment, Cause. It is extraordinarily difficult. You'd need 2/3rds of both House and Senate and that ain't gonna happen.

[HoosierDaddy]

Alternative Goose, on 07 September 2018 - 12:09 PM, said:

Lifetime appointments are good in the sense that once they are appointed they need not fear a guy like Trump firing them for not doing his biding. Nor do they need to have some kind of re-election campaigns. See Poland where things are about to get fucked up.

Get 9 people in there you disagree with Apt. See how much you like it then.

[Whisperzzzzzzz]

worry, on 07 September 2018 - 02:48 AM, said:

Now she's just trolling you, QT:

And I'm expecting her other hand to come out from behind his head, pointer finger outstretched, any minute now. Anyyyyy minute.

Spoiler

[Azath Vitr (D'ivers]

There's proof that Kavanaugh lied under oath repeatedly about receiving stolen documents:


'Newly released emails show that while he was working to move through President George W. Bush’s judicial nominees in the early 2000s, Kavanaugh received confidential memos, letters, and talking points of Democratic staffers stolen by GOP Senate aide Manuel Miranda. [...] he was repeatedly asked under oath as part of his 2004 and 2006 confirmation hearings for his position on the U.S. Court of Appeals for the D.C. Circuit about whether he had received such information from Miranda, and each time he falsely denied it.'


https://slate.com/ne...n-hearings.html

[worry]

The other thing about abortion is that abortion laws are actually state by state. Roe is like a baseline 'abortion is constitutional' decision to which state laws are measured, which is why various states try to cut it as close to to the line as any particular SCOTUS will allow. States have laws cutting legality down week-by-week of pregnancy, and there have been attempts at heartbeat bills or specific regulations that would shut down abortion clinics due to improper hallway size etc. Each 'conservative' state trying to whittle abortion rights down however they can without overstepping Roe. The overturning of Roe would mean outright bans on abortion state-by-state, not like a federal ban (which would require its own legislative fight).

To paraphrase a Tweet I saw but can't remember the author, the GOP believes two propositions: 1) they can successfully get conservative stooge Brett Kavanaugh on the SCOTUS & 2) it will increase the party's popularity. 1 is very likely true, 2 is very much untrue and they are opening yet another Pandora's Box for short-term satisfaction, as usual. If they successfully overturn Roe, they're going to have hell to pay in even the red states. In some cases the effects will be immediate, in others it will take a while, but they just don't get the wrath that is coming their way.

[amphibian]

Cause, on 07 September 2018 - 08:06 AM, said:

What's the deal with this judge. He is republican and conservative. One of the major issues is abortion. However I also see that the vast majority of democrats (80%) and half of Republicans (49%) support abortion. That's means roughly 65 percent of Americans overall. Is this judge really going to overturn something that most Americans want. Why would he do that. Also the judiciary does not create law just interpret it? So shouldn't abortion be decided by the senate anyway?

Otherwise I keep hearing that his nomination will effect the Supreme Court for decades? Do they serve untill retirement? That seems a bizarre way to have it work.

What other rulings are people worried about?

Imagine a video game boss where the boss will always tilt the environment to favor by 10% a particular type of player or a specific character. You still have to do all the work to get to the boss, but once there, they're going to do that tilt.

Now imagine if there's nine bosses and five or six of them all tilt the same way, while the other four or three barely tilt the other ways possible. A skew always happens and it starts to snowball fast. Add in that the outcome of the favored player or character appearing before them are prohibitions or deregulation of things that a small minority want to take away from the vast majority or turn into the playgrounds of billionaires.

That's pretty fucked up and that's what's being fought over.

The big crime is that the staffing of judges on a lower level is already taken over by the Republicans. They have put 30 to 40 years worth of their heavily skewing bosses everywhere already.

[Slow Ben]

Off topic.


I, did not, appreciate Barack Obama enough when he was in office. I wish i had.

[worry]

I'm actually Obama. Send all your good vibes to me.

[worry]

For that question above regarding what issues BK will affect aside from abortion, here's one op-ed w/ thorough citations:
https://www.nytimes....t-partisan.html *

Usually I would call the overriding tone of it a little overboard/doomsaying, but w/ SCOTUS the repercussions really are this deep and longlasting. Either way, it's the meat of the piece, with citations, that matters more than the "death of the Constitution" rhetoric.


*Also, remember to always open newspaper articles w/ a private browser window so you don't get tagged by the article limit paywall.

This post has been edited by worry: 07 September 2018 - 09:50 PM

[Whisperzzzzzzz]

worry, on 07 September 2018 - 09:50 PM, said:

For that question above regarding what issues BK will affect aside from abortion, here's one op-ed w/ thorough citations:
https://www.nytimes....t-partisan.html *

Usually I would call the overriding tone of it a little overboard/doomsaying, but w/ SCOTUS the repercussions really are this deep and longlasting. Either way, it's the meat of the piece, with citations, that matters more than the "death of the Constitution" rhetoric.


*Also, remember to always open newspaper articles w/ a private browser window so you don't get tagged by the article limit paywall.

If you do get paywalled, just prefix the URL string with `outline.com/`. That'll bypass rhe paywall and give you an improved reading experience to boot.

[Nicodimas]

/angry drunken rant

-nic out

This post has been edited by Nicodimas: 08 September 2018 - 02:58 PM

[Aptorian]

Oh shit, has Nico gone rogue?

Anyway haven't you been a "fly by" poster all along? What's changed? Are the black helicopters following you?

[Morgoth]

what the hell?

[Primateus]

Aren't fly-by posters those who usually don't want to defend their position because they probably know it's bunk anyway?

[Aptorian]

No, it's the users who are afraid they'll be banned by the thought police for not posting enough on the Discussion board.

[HoosierDaddy]

Bye!

My rock is pretty comfy. If only it had a socialized sofa I'd be set for life!