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#307190 - 07/01/18 12:04 AM Re: Supreme Court Justice Anthony Kennedy is Retiring [Re: pondering_it_all]
Greger Online   content

Pooh-Bah

Registered: 11/24/06
Posts: 14416
Loc: Florida
Quote:
they can't even pass bills because of infighting.

Word on the street is that it's Democratic obstructionism. Like that family separation thing...It's a Democratic Law and they refuse to change it. Trump's hands are tied...he has to separate the families as per Democratic Law.

Anyway, point is, IT'S THE DEMOCRATS FAULT!
_________________________
"Be yourself; everyone else is already taken."— Oscar Wilde

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#307191 - 07/01/18 12:59 AM Re: Supreme Court Justice Anthony Kennedy is Retiring [Re: pdx rick]
pondering_it_all Offline
veteran

Registered: 02/27/06
Posts: 8072
Loc: North San Diego County
That gets a little thin when the Republicans can't pass an immigration bill to save their lives. Even God-Emperor Trump calls them out for it.

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#307194 - 07/01/18 03:04 AM Re: Supreme Court Justice Anthony Kennedy is Retiring [Re: pondering_it_all]
Greger Online   content

Pooh-Bah

Registered: 11/24/06
Posts: 14416
Loc: Florida
On its face, it's pretty hilarious. No legislation is draconian enough for the Freedumb Caucus. No bill can reach the floor unless they don't need Democratic votes. Consequently no legislation gets passed.
Which is probably a good thing.
_________________________
"Be yourself; everyone else is already taken."— Oscar Wilde

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#307197 - 07/01/18 04:56 AM Re: Supreme Court Justice Anthony Kennedy is Retiring [Re: pdx rick]
pondering_it_all Offline
veteran

Registered: 02/27/06
Posts: 8072
Loc: North San Diego County
Yep: That's why the Republican Party is dysfunctional now.
It's the congressional embodiment of Trumpism.

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#307201 - 07/01/18 04:28 PM Re: Supreme Court Justice Anthony Kennedy is Retiring [Re: pdx rick]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16372
I am home from a LONG trip, and ready to rejoin the fray. To answer a direct question: Yes, Rick, Justices (and lower judges) can be impeached. It is just very hard to do it. Much better they never get confirmed in the first place, but that is also difficult to prevent when the controlling party has a lock on the process.

Let's face reality: the Republican party is playing without principles, and the Democratic party has always been more reluctant to ignore laws and principles. As Michelle Obama put it, "when they go low, we go high." Republicans see this as weakness, because, frankly, bullying is in their DNA. (I can cite centuries of evidence to support that statement.) I am not suggesting that the Democrats adopt the Republican strategy entirely, but they should be aware of it and counterpunch when appropriate and point out the utter lack of morality of the GOP constantly.

One example is the judicial appointment history of the parties. Democrats, by and large, appoint moderate, rational, non-ideological judges, and follow the standard practices for advice and consent. Republicans block Democratic nominees, slow-walk the process when Democrats have nomination powers, and libel the nominees and courts whenever possible. When Republicans control the nomination/advice process, they jam ideologues through the process, skip formalities, consent to marginal qualifications, and have successfully stacked all of the courts with their radical nominees. To wit: Gorsuch. He's not the outlier, he's proof of concept.

As was pointed out earlier, Kennedy was never a liberal. He just happened to have a soft spot on certain issues. But Alito, Thomas, Roberts, and Gorsuch are the new four horsemen of the Supreme Court. Ideological conservatives who vote as a bloc on every issue. Consider this: When Sandra Day O'Connor was appointed by Ronald Reagan, it created a stir both because she was a woman and because she was VERY, ideologically, conservative, and would tilt the balance of the Court. She became the "new center" of a Court that skewed conservative. Kennedy then became "the center" - even further right. Now Roberts will be the "swing vote" of the Court. Considering how far right Roberts is, Katy-bar-the-door. Justice Kennedy May Soon Find Himself Disappointed And His Legacy Undermined - npr.

If Garland had been confirmed (as he should have been), the balance of the Court would still be skewing rightward, but there would still be a balance. In all likelihood, the skew to the right will be insurmountable in my lifetime and yours, and big money is playing to assure that: A Lifetime Investment: Big Money Pours Into Supreme Court Battle - npr. These are the highest stakes we've faced since 1935, and the odds are far, far worse. I suspect that there will be a 6-3 skew before the end of Trump's term. And they have already established their armory: How Conservatives Weaponized the First Amendment - NYT (subscription).

Addendum: It’s not just abortion: 5 issues likely to be affected by Kennedy’s exit - Politico.


Edited by NW Ponderer (07/01/18 05:06 PM)

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#307212 - 07/02/18 12:11 AM Re: Supreme Court Justice Anthony Kennedy is Retiring [Re: NW Ponderer]
pdx rick Offline
Member
Carpal Tunnel

Registered: 05/09/05
Posts: 41065
Loc: Puget Sound, WA
Originally Posted By: NW Ponderer
I am home from a LONG trip, and ready to rejoin the fray. To answer a direct question: Yes, Rick, Justices (and lower judges) can be impeached. It is just very hard to do it. Much better they never get confirmed in the first place, but that is also difficult to prevent when the controlling party has a lock on the process.

Thanks for the reply NW_P. smile
_________________________
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#307216 - 07/02/18 05:15 AM Re: Supreme Court Justice Anthony Kennedy is Retiring [Re: pdx rick]
pondering_it_all Offline
veteran

Registered: 02/27/06
Posts: 8072
Loc: North San Diego County
If the Democrats took the House and 2/3 of the Senate, they could impeach some judges. In particular, the judges that were rated "unqualified" but installed by Republicans anyway would be at greatest risk. That would give their impeachers some cover instead of being blatant partisans.

Republicans have no problem with blatant partisanship, but Democrats usually try to do things "for the good of the country".

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