This is a catastrophe for anyone who thinks the constitution shouldn't be reinterpreted in favor of the latest liberal clause. We've had a lot of 5-4 decisions, most recently the suspension of the EPA's energy plan.
On the issue of appointment, the Constitution provides that the President "shall nominate, and by and with the Advice and Consent of the Senate, shall appoint . . . Judges of the supreme Court." I think this means that Obama has the obligation to nominate someone for this open seat. The Senate can then decide whether or not to consent to the nomination, but just doing nothing does violence to the language and original intendment of the Constitution. I doubt Justice Scalia would have approved. Moreover, on a practical level, it is inadvisable to leave the seat open for the year and a half it would take to fill it if Obama does nothing or the Senate sits on its collective hands. The new President does not take office until January of 2017 followed by a period of months of vetting, nomination, Judiciary Committee hearings and full Senate voting. That all adds up to three terms of an eight person Court with lots of potential 4-4 results where the Courts of Appeals decisions stand. That, in turn, means that possibly significant splits in the Circuits are not resolved and different decisions would hold sway in different regions of the country until resolution after new cases are resolved by the reconstituted Court. This result should be unacceptable to everyone.
My heart sank when I first read about Scalia's death. Bet the presidebt's heart jumped for joy--secretly, of course. A good man dies and I immediately think balance of political power. Should I be ashamed of myself? Or maybe yesterday's loss in a struggle of good versus evil is more important. We all die.
All corporate money does in politics is allow the candidates to run ads and to get their views out to more people. That is speech. It doesn't guarantee that they win.
Currently Trump is getting the most publicity with the least money. Probably because it's his money and he isn't going to hand it to a "media consultant" to spend. You just have to look at the Bush campaign to see money doesn't buy votes.
It does let you keep talking when no one is listening, though.
I have had a sense since the breaking of this news, that this could be the spark that ignites a powder keg. I don't know. It feeds into such an old expectation on my part of "what will it take for people to wake up and actually participate in what is happening to the United States?"
For those that are up to speed, this is so huge in its ramifications, I can only expect that the little spoken of political process will get really wild in the next months.
How this will manifest into the public stage will be very interesting. I am in trepidation.
I earn/create money then where its spend reflects those things I favor or support. How is that not a form free speech? This would include giving money to political parties or my church in whatever measure I CHOOSE. This is not something the government can or should prevent. The Federalist Papers handled factions quite well.
Bull Shit I'm not going to go through this again. I laid it out in excruciating detail. And not one word received one answer in debate or in this forum except your right to....
How did it go : I have the right without explanation to take all your rights with osolut exception.And do it like a snake in the grass ignoring the rule of law and making such changes with bought and paid for left wing judges and changing Constitutional Law without Amendments.
A CLU-less?
That's not a personal attack that's a general observation using thinking, reasoning, and facts in evidence. from Dartmouth College to the 2004 ruling allowing people with money to run closed elections and interfere where they have no business.
Always pays to be an Objectivist. It's in the archives wanna prove me wrong....do the work....takes more than repetitive sloganeering.
But the Republicans don't even need to threaten a filibuster -- they have a majority. Mitch McConnell has come out in favor of waiting until after the next election so that "The American people should have a voice in the selection of their next Supreme Court justice".
Not if you are talking about the Rinos they are still the right wing OF the left it will be pretend at worst and a pretense at best just like also then the RINOs will cave arf arf lap dogs of the left to the last. the blood is provided from a Hollywood makeup crew.
yes but one was 5-4 from a conservative court which turned money into free speech and gave free reign to anyone from anywhere controlling your precinct. that led to the rigged elections...WHAT were they thinking? I reversed the scenario as they have been doing and decide great fine gotcha fully...Now what is the value of my speech and by donating here is it a tax deduction????? Come on SCOTUS you opened Pandora's Box why did you short change the citizens?
The Dems changed the rules to get Kagan and Sotomayer. Now they see the consequences. Meetings, stalls and turn downs. Remember when Jesse Helms threatened a filibuster and doomed Bork in '87? All of OBs shenanigans and Harry Rs power plays will now stare at them in their bitterness and failure.
Ted Cruz has called for the "Next President" to select his replacement. This would mean that the Senate would refuse to confirm anyone Obama nominated. I'm not sure how that would play out with almost a year to go.
I can't imagine Obama nominating anyone the Republicans are going to accept and with the court running 5-4 on many cases this is going to be a bare knuckle fight.
This is distressing to hear. I just got through commenting on Pirates post about the sense of life in the gulch about how the campaign news blitz is grinding everyone down. Now this one. Here we go!
There is a lot on the spring plate for scotus, I wish they would have already decided on the Cali teachers case, I'm so looking forward to hearing the whining of our state teacher union weasels.
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Bet the presidebt's heart jumped for joy--secretly, of course.
A good man dies and I immediately think balance of political power.
Should I be ashamed of myself?
Or maybe yesterday's loss in a struggle of good versus evil is more important.
We all die.
Currently Trump is getting the most publicity with the least money. Probably because it's his money and he isn't going to hand it to a "media consultant" to spend. You just have to look at the Bush campaign to see money doesn't buy votes.
It does let you keep talking when no one is listening, though.
For those that are up to speed, this is so huge in its ramifications, I can only expect that the little spoken of political process will get really wild in the next months.
How this will manifest into the public stage will be very interesting. I am in trepidation.
All it takes is a no vote from the Senate until Jan 20th then a nomination for
Condoleeza Rice!
Can't you hear the leftists squeal like rats breathing pepper spray! (candidate for replacing rats eating onions.)
It should be reinterpreted but not in terms of the goals of the left. But in terms of the Constitution. Jefferson not Marx.
Godspeed, Justice Scalia.
How did it go :
I have the right without explanation to take all your rights with osolut exception.And do it like a snake in the grass ignoring the rule of law and making such changes with bought and paid for left wing judges and changing Constitutional Law without Amendments.
A CLU-less?
That's not a personal attack that's a general observation using thinking, reasoning, and facts in evidence. from Dartmouth College to the 2004 ruling allowing people with money to run closed elections and interfere where they have no business.
Always pays to be an Objectivist.
It's in the archives wanna prove me wrong....do the work....takes more than repetitive sloganeering.
All that's left is the future. The Present is damned.
Seek the Phoenix rebirth for this Land is lost.
I hold out hope that the Senate will block his nominations long enough for him to leave office BUT I have no confidence that they will.
I can't imagine Obama nominating anyone the Republicans are going to accept and with the court running 5-4 on many cases this is going to be a bare knuckle fight.