Kennedy Retiring from SCOTUS

Says the guy who has spent almost as much time defending Scalia as crying Bork.

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And the amici for the other side, they were disreputable stumblebums reeking of day-old garlic?

I hope Trump nominates the reanimated corpse of Robert Bork. I’m very happy at this announcement in case anyone doesn’t know me and had to guess.

Now, if only RBG or Breyer could retire.

Kennedy retires but not before giving one last thrust up labor’s ass. Ginsburg and Breyer are both in their 80s, and Ginsburg has already had one bout with the big C. The Court is going to be dominated by conservatives for at least the next 10-15 years, and possibly much longer than that.

The only thing I’m curious about is just what excuse they’ll each give for voting for Trump’s nominee.

I’m sure they’ll all play the part of being conflicted, but they’ll all come around.

or both

Well. . . no.

I hate to squelch this pronouncement of “simply wrong,” because it is one I personally lean towards. But I don’t agree that “wrong,” is a useful way to describe it; “wrong,” suggests that it is a factual error – that somewhere there is a Big Book of Judicial Roles, and this is what it says.

It’s perfectly possible to believe that judges should have a role in making and improving our legal framework. Someone can certainly hold the position that judges, insulated from the passions of political infighting, are in better shape to set a course for wiser, more measured responses to innovations in modern society for which 226-year-old text is ill-equipped to deliver optimal results.

That’s not factually wrong. I strongly believe it to be wrong in the sense that it’s inconsistent with our notion of self-governance. But as much as I’d like to, I can’t elevate that conviction to a matter of fact.

Shit, now I’ll be going to more protests! I hate 'em. Worst of all, self righteous speeches give me the willies, even when I agree. Especially when I agree. “Golden years”, my ass!

A man’s gotta do what a man’s gotta do, whacka do, whacka do…

I disagree with some of the posters here. Obergefell is safe. There has simply been too many settled expectations on that decision to overrule it 4-7 years later. Thomas would vote to overrule it. Maybe Gorsuch or Alito. Roberts never would.

Roe is likely safe as well because of Roberts, but only because of stare decisis. He would certainly uphold more restrictions.

I don’t envy the next nominee. It will be a war because of Roe. The new nominee had better have never chewed gum in class in the second grade.

One point discussed by a few pundits today is that the 51-49 current Republican advantage in the Senate include Sen McCain who has been absent from Washington for quite some time now as he fights brain cancer. And with his maverick streak it is not certain that McCain, and fellow Arizona senator Flake would support Trump. However the Republicans did manage to hold together their caucus to get Gorsuch approved.

On the Democrats side Heitcamp (D-ND), Manchin (D-WV), and Donnelly (D-IN) all voted for Gorsuch and represent states where Trump won handily. All are runnign for reelection this fall and may feel pressure from their home state constituents to vote to confirm a Trump nominee.

So… not sure this is an automatic confirmation for any possible nominee, but if the nominee has a decent CV and no major red flag decisions then a confirmation mostly on party lines seems likely.

Serious question: suppose it’s Timothy Tymkovich.

Will he get flack because his name sounds Russian?

That was a serious question?

Well, that’s all three branches. I’m out.

Absolutely. And it arose because I mentioned the option to my neighbor as I got home - who does not work in the legal field and knew nothing about Tymkovich – and that was his first question: “Is he Russian? That won’t go over well.”

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The entire U.S. Bill of Rights was designed, created, debated, passed, and ratified as the unalienable rights of INDIVIDUALS. An individual’s rights, NOT the rights of some government group. The BoR listed 10 rights of individuals, NOT 9 rights of individuals and 1 right that only applied to a militia.

Oh, relax. Two of the three branches are firmly in the hands of grownups now.

And the White House. . . has a really nice lawn.

No, but his views on the first amendment are troubling.

Possibly. But this seat is for Roe. I think we lose Collins and Snowe. Probably keep Manchin and Heitcamp. This will be a war.

I heard that Harriet Miers is tanned and healthy, ready to serve. :slight_smile:

Can you name any grown up in control of the House or Senate?