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#307355 - 07/10/18 07:39 PM Re: The End of the Independent Judiciary [Re: NW Ponderer]
Jeffery J. Haas Offline


Pooh-Bah

Registered: 08/03/04
Posts: 13569
Loc: Whittier, California
Originally Posted By: NW Ponderer


And where were you when Merrick Garland's seat was stolen?


The thing that chaps my ass the worst about Garland is the fact that McConnell's team is smugly saying that what they did was legal.
Yeah, it sure was, until he pirouetted from "We do not intend to process a nomination until after the election" to "If Hillary wins, we refuse to process any nominations from her either - - Because: Hillz!"

That's maybe the most egregious case of moving the goalposts I've ever witnessed.

So, is THAT STILL legal? Yeah, it probably is.
So is adding another couple of seats to the SCOTUS and then passing a law that criminalizes frivolous actions designed to prevent a sitting president from nominating a justice without good cause - CONSTITUTIONAL cause.

And for all who wring their hands about the Repubs doing a retaliatory add of a couple of seats in response if they get back in power, don't count on it happening.
For the record, I normally would not be in favor of adding seats however this is a BREAK GLASS IN EMERGENCY situation. We are in uncharted territory with a political party gone full rogue, full foaming at the mouth cult status.

Someone needs to turn the hose on these wild-eyed American mullahs and teach them a lesson.
_________________________
"The Left ones think I'm Right, the Right ones think I'm wrong."
Leon Russell - Magic Mirror"
https://www.youtube.com/watch?v=L-H1iQ5Y6Eg

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#307356 - 07/10/18 07:57 PM Re: The End of the Independent Judiciary [Re: NW Ponderer]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16540
By the way, my friend, it is NOT "the way it has always worked." Have you read my previous posts on the subject? Confirmations for the sitting Supreme Court justices were not nearly as partisan as Judge Gorsuch’s. Alito, Thomas and Gorsuch are extremists, and everyone knew that going in.

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#307417 - 07/13/18 08:40 PM Re: The End of the Independent Judiciary [Re: NW Ponderer]
chunkstyle Offline
member

Registered: 10/02/07
Posts: 1282
At least this latest appointment will be bipartisan...

Centrists for the win!

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#308596 - 09/22/18 02:52 PM Re: The End of the Independent Judiciary [Re: chunkstyle]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16540
If Brett Kavanaugh is confirmed, there is no hope for the Supreme Court as an institution.

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#308601 - 09/22/18 08:05 PM Re: The End of the Independent Judiciary [Re: NW Ponderer]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16540
I'm going to elaborate on my last post: Brett Kavanaugh was not qualified to be a Supreme Court Justice before disclosure of his 1982 sexual assault, but the process to install him anyway is so abusive it is damaging all three branches of government.

First, Trump, through the "Federalist Society", removed all pretense of a "fair"/rational nominee - making it explicitly partisan and ideological and even providing the litmus test he is using. The Federalist Society is a shockingly regressive cabal of anti-Constitutional, anti-democratic diehards. This is, sadly, not close to an exaggeration. What Is The Federalist Society And How Does It Affect Supreme Court Picks? - npr. Kavanaugh is its poster child. That endorsement alone makes him unqualified, but it doesn't end there.

The Senate, under the influence of Mitch McConnell (who makes Machiavelli seem an amateur), has eviscerated the norms of behavior that once made it the rational brother in Congress, and it has been with the goal of capturing the judiciary. McConnell's foes (and even allies) have underestimated his craven psychopathy (a mental disorder in which an individual manifests amoral and antisocial behavior, lack of ability to love or establish meaningful personal relationships, extreme egocentricity, failure to learn from experience, etc.). He cares about nothing but personal power. As a result, committees are controlled by him, and rules and norms are ignored (like fairness, due process, constitutionality, and traditions). The Judiciary Committee's behavior is a stark example. I cannot emphasize enough how sick McConnell really is.

Finally, the judiciary, and especially the Supreme Court, has been generationally tainted by ideological purists who are unrepresentative of the population, and do not have the best interests of the people in mind. The damage to justice is deep, and potentially incurable.

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#308605 - 09/22/18 09:09 PM Re: The End of the Independent Judiciary [Re: NW Ponderer]
jgw Offline
enthusiast

Registered: 05/22/06
Posts: 2311
Loc: Port Angeles, WA
The supremes have tipped in one direction or another before and we all seemed to survive it. Hopefully we can do it again. I do, however, admire the Democrats for what they have accompished with this one. Even if Kavanaugh gets on the court its going to cost the Republicans bigtime. I think, to seal the deal, that Christine Blasey Ford does Sunday politics. If she does I am assuming that she is capable, well spoken and has at it.

I would really prefer that Kavanaugh does not get on but I think he will. This is because the Dems have been asleep for a long time and the Republicans were able to run roughshod over everything from voting to their wetdreams. I REALLY hope the Dems will sweep it this time around and then, sticking to their guns, stick it to the right with vigor - no more Mr. Nice guy. I can still remember, when Obama took over, how he spent all that time trying to get the Republicans on board and actually join in. He failed, basically because of the Republican system of "my way or the highway" instituted by Newt Gingrich. Republicans tend to be very greedy, to the point where they have decided, publicly and out loud, that they will no longer be willing to discuss ANYTHING with the opposition, never to give an inch, and be willing to do the "all or nothing" thing. They were able to do this because the Dems, I think, simply could not believe it. I betcha they do now!

Hopefully, I think we can do better?

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#308611 - 09/24/18 02:57 PM Re: The End of the Independent Judiciary [Re: jgw]
NW Ponderer Offline
Moderator
Carpal Tunnel

Registered: 09/09/11
Posts: 16540
Originally Posted By: jgw
The supremes have tipped in one direction or another before and we all seemed to survive it. Hopefully we can do it again. ....

Republicans tend to be very greedy, to the point where they have decided, publicly and out loud, that they will no longer be willing to discuss ANYTHING with the opposition, never to give an inch, and be willing to do the "all or nothing" thing. They were able to do this because the Dems, I think, simply could not believe it. I betcha they do now!
I've written on this at length, so I won't repeat it here, but the 1930s were a near-run thing, that led directly to World War II. Nuclear weapons were not "a thing" yet, then, and the sophisticated espionage tools, and wherewithal to meddle, were not then so developed. Democracies did poorly at the start of the Depression and the start of the second World War. It wasn't far from turning out very differently (nicht gut).
"The Four Horsemen" of the Supreme Court then (Justices Pierce Butler, James Clark McReynolds, George Sutherland, and Willis Van Devanter) were countered by "The Three Musketeers", and are paralleled today by Thomas, Alito, Roberts and Gorsuch - but they didn't have a reliable 5th vote at the time. Kavanaugh would be that vote. and could be for the rest of my life, and yours, and perhaps my sons'.

I agree that it is time "to believe" and to act like this is the existential threat that it is.

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#308614 - 09/24/18 07:44 PM Re: The End of the Independent Judiciary [Re: NW Ponderer]
jgw Offline
enthusiast

Registered: 05/22/06
Posts: 2311
Loc: Port Angeles, WA
Oh, I am not saying that Kavanaugh is a good thing but we should be able to survive him. We really won't know until he gets appointed and starts the judging. Until then its really just speculation. "Speculation" also reminds me. TV speculation has gone bat sh*t crazy. This morning TV decided that Rosenstein was being fired today, personally, by Jackass. The simply fact was that he went to the whitehouse for a pre-defined appointment and that Jackass wasn't even there but in New York.

Political reporting, regardless of network or station, is rarely anything other than speculation and its REALLY getting tiresome. I remember the good old days. You know, where there was actual news reporting. Its no accident, for instance, that you can goto https://www.pbs.org/newshour/tag/5-stories-you-might-have-missed for news you might have missed because Jackass, politics, and speculation were found to be more important. The interesting thing about this is that PBS actually knows and has, at least, made an effort to mitigate.

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#308616 - 09/24/18 10:06 PM Re: The End of the Independent Judiciary [Re: NW Ponderer]
rporter314 Offline
old hand

Registered: 03/18/03
Posts: 6639
Loc: Highlands, Tx
Mr Trump has not achieved his goal - Mr Trump 24/7. that would almost truly be the mark of a great person, to be adored and praised all day everyday.

expect more Mr Trump until you really begin regurgitating
_________________________
ignorance is the enemy
without equality there is no liberty

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#308618 - 09/25/18 12:43 AM Re: The End of the Independent Judiciary [Re: NW Ponderer]
Jeffery J. Haas Offline


Pooh-Bah

Registered: 08/03/04
Posts: 13569
Loc: Whittier, California
I guarantee you that the next three justices will not be seated by Republicans.
The GOP has screwed the pooch so thoroughly this time around that it is doubtful that their lock on power will exist two years from now.
_________________________
"The Left ones think I'm Right, the Right ones think I'm wrong."
Leon Russell - Magic Mirror"
https://www.youtube.com/watch?v=L-H1iQ5Y6Eg

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