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******Official SCOTUS Thread - Justice Breyer to retire


squistion

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5 minutes ago, Ranethe said:

How depressing. Everything continues its downward trajectory. Really tempting to just tune everything out and withdraw.

i did this in the years leading up to 2016 but it is really counterproductive and plays into the GOP's strategy to demotivate the opposition. never again. stay engaged and get out and vote! 

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1 minute ago, James Daulton said:

Ok, what's the real potential impact of this?  Guns were never going anywhere, I can't imagine abortion would be outlawed, gay marriage? 

I would think that bigoted small business owners in rural areas of the country just saw this as encouraging news. "Religious freedom" in the form of denial of services could be in for a new heyday.

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1 minute ago, fatguyinalittlecoat said:

Those are what makes the headlines but opinions that take the side of big business over consumers are what screws us all.

Consumer protections are being dismantled by this congress and administration at warp speed, with the blessing of SCOTUS.

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6 minutes ago, HellToupee said:

It’s here to stay

Honestly, it would not surprise me if you were right about that.  I'm pro-life and would welcome a reversal of Roe and Casey, but they've been around for a very long time and Roberts might not be willing to change course.

I'm pretty confident that affirmative action is toast though.

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10 minutes ago, fatguyinalittlecoat said:

This is a terrible take

Not really, IMO.  It’s a fait accompli that Trump will get to appoint this Justice & that the Senate will rubber stamp whoever he chooses.  It’s virtually impossible for the R’s to lose the Senate in November, so whether this happens on July 31, or Nov 31 is likely irrelevant.  If our POtuS has already appointed a new justice & he/she is already approved, that will be one less reason for conservatives to “get out & vote.” I wouldn’t be able to estimate how much of an impact it’d have, but I know a number of people who voted for Trump because they knew, for a fact, that he’d get to name a SC Justice, and the chance (however slim) of undoing the sins of gay marriage and abortion were worth having a racist, sexist, misogynistic, lying, possibly traitorous POtuS.

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9 minutes ago, James Daulton said:

Ok, what's the real potential impact of this?  Guns were never going anywhere, I can't imagine abortion would be outlawed, gay marriage? 

Why can you not imagine abortion would be outlawed? Even if Roe isn't explicitly overturned, the GOP has been passing laws at the state level to chip away at Roe for years (i.e., the Texas law that required abortions to be performed in a specific, licensed hospital center with (a lot of boring, unnecessary requirements)). These laws - while not outlawing abortion - have made it inaccessible to A LOT of women. 

But the S.Ct. has continuously struck down these laws. But if Trump's appointment is much more conservative than Kennedy on this matter, the court could easily stop striking down these laws. And the states will continue to pass more and more restrictive laws until abortion - while technically legal - is inaccessible to everyone.

Edited by whoknew
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Just now, whoknew said:

Why can you not imagine abortion would be outlawed? Even if Roe isn't explicitly overturned, the GOP has been passing laws at the state level to chip away at Roe for years (i.e., the Texas law that required abortions to be performed in a specific, licensed hospital center with (a lot of boring, unnecessary requirements). These laws - while not outlawing abortion - have made it inaccessible to A LOT of women. 

But the S.Ct. has continuously struck down these laws. But if Trump's appointment is much more conservative than Kennedy on this matter, the court could easily stop striking down these laws. And the states will continue to pass more and more restrictive laws until abortion - while technically legal - is inaccessible to everyone.

Well, that would be in red states right?  Blue states won't see any change will they? 

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3 minutes ago, HellToupee said:

Not guaranteed. Kennedy was a Reagan selection

Kennedy was a compromise selection after Bork got rejected.   Trump's already said he'll be picking from his list of 25, who are all to the right of Kennedy.   "Originalists and textualists" all hand-picked by the Federalist Society.  The best we can hope for is someone that leans libertarian.

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1 minute ago, IvanKaramazov said:

Honestly, it would not surprise me if you were right about that.  I'm pro-life and would welcome a reversal of Roe and Casey, but they've been around for a very long time and Roberts might not be willing to change course.

I'm pretty confident that affirmative action is toast though.

See my post above. Roe doesn't have to be overturned for abortion to be effectively made illegal. This has been the GOP strategy for the last 15? 20? years. And more Trump appointments likely means this strategy becomes a lot easier.

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5 minutes ago, roadkill1292 said:

I would think that bigoted small business owners in rural areas of the country just saw this as encouraging news. "Religious freedom" in the form of denial of services could be in for a new heyday.

Then turn it on it's ####### head.  My religion tells me not to serve racist, bigots.  Better keep looking down yelp for another option, SHS. 

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1 minute ago, roadkill1292 said:

Yes. We hardly have time to list all the ways this admin is turning things to sh!t. Whatever is the worst possible thing for the nation is being done and cheered on by the minority in charge. Oh, forgot to mention -- we're a nation run by a minority of its voters, too.

It's weird. I've read so many people in here say "Get a life, doesn't affect day to day, etc etc". Can't understand it. I think about and genuinely worry about this stuff every day. It's like waking up each morning somehow off kilter and trying to figure out what it is: 'Did I forget to pay a bill?', did I just get a speeding ticket?, do I have some unwanted obligation coming up?

Then it hits me, things have become ugly. Things are becoming more ugly. The "wrongness" is palpable to civilized people. I'm not sure the tendrils of authoritarianism and corporatocracy will ever be able to be excised.

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2 minutes ago, James Daulton said:

Well, that would be in red states right?  Blue states won't see any change will they? 

Not to the extent of making abortion illegal, but look at the decision from Tuesday, where the SC overturned a California law requiring "crisis pregnancy centers" (anti-abortion groups trying to talk women out of abortions) to inform clients about state health services, including abortion.   This opens the door to significantly more opposition to pro-choice legislation.

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1 minute ago, JuniorNB said:

Can you imagine how Gary Johnson voters and non-voters feel?  Since they're responsible for this?

I feel fine.  

Then again, I've been quite up front that had I been in a state with any risk, the decision would be very, very easy. And it would have been for Hillary, much as I can't stand her as a political figure (don't have nearly so much issue with her "personally")

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4 minutes ago, whoknew said:

See my post above. Roe doesn't have to be overturned for abortion to be effectively made illegal. This has been the GOP strategy for the last 15? 20? years. And more Trump appointments likely means this strategy becomes a lot easier.

Yeah, I think you're right on this one.  Assuming Trump doesn't pull a Souter, I think the most likely scenario on abortion is that the court keeps Casey and allows all these work-arounds that red states use to make abortion impossible to get.  Probably not anybody's preferred outcome.

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28 minutes ago, James Daulton said:

How is that the leanings of these justices pre-determines how they'll rule in most cases?  Aren't they supposed to interpret only the handling of the cases in the courts below them according to the constitution?  Not whether or not they agree with the subject of the trial?

So the SCOTUS is now completely politicized? 

 

https://stanfordpolitics.org/2016/01/07/troubling-partisanship-supreme-court/

 

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31 minutes ago, Godsbrother said:

The SCOTUS has always been politicized.

It is becoming increasingly so

https://www.theatlantic.com/politics/archive/2012/06/the-incredible-polarization-and-politicization-of-the-supreme-court/259155/

(yes, I am ignoring a glaring error in their prose, but the graph speaks to the trend)

Edited by Rove!
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As horrible of a time that this little pocket will be in the US History book, there is still the silver lining that all these hoards of young people who are turning 18 are going to soon get us back on track.  People under 25 were raised where they don't even bat an eye when they see two women holding hands.  Or a white woman married to a black man.  It's not even an issue. So Trump and his antiquated bigots are having a fun little run right now and are stepping in some serious #### with the SCJ situation, but it's all temporary.  11,000 Americans turned 18 today. And another 11,000 yesterday. 4 million this year. Another 8 million before the next Presidential election. There will have never been a stronger push to get these kids active and registered. Very few would ever support Trump's racist antiquated agenda. 

So hang in there folks. It's like seeing the extended five day forecast in April and seeing that they want rain every day. Yeah, wetness is coming, but it's April. And summer is coming regardless of how you look at it. 

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2 minutes ago, Grace Under Pressure said:

I feel a lot of empathy right now for the groups likely impacted. 

This. As an optimist, I’m hopeful the dems take this do-over on the Garland situation and finally show some grit. As a woman’s advocate and father of a little girl, a strong proponent of LGBTQ rights and minority rights, I’m very concerned. 

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Just now, The Football Freak said:

This. As an optimist, I’m hopeful the dems take this do-over on the Garland situation and finally show some grit. As a woman’s advocate and father of a little girl, a strong proponent of LGBTQ rights and minority rights, I’m very concerned. 

Dems have no way to stop this themselves.  It’s not about showing grit.

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4 minutes ago, Rove! said:

It is becoming increasingly so

https://www.theatlantic.com/politics/archive/2012/06/the-incredible-polarization-and-politicization-of-the-supreme-court/259155/

(yes, I am ignoring a glaring error in their prose, but the graph speaks to the trend)

This graph does show that pretty well and it is depressing no matter your stance.   

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3 minutes ago, The Football Freak said:

This. As an optimist, I’m hopeful the dems take this do-over on the Garland situation and finally show some grit. As a woman’s advocate and father of a little girl, a strong proponent of LGBTQ rights and minority rights, I’m very concerned. 

Why is it a do-over?  Republicans have 51, which is enough now (50-49 edge if you take out McCain).  Democrats can't do much more than complain and watch.

Edited by Don Quixote
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2 minutes ago, fatguyinalittlecoat said:

Everybody is impacted.

Certainly, so I'll expound succinctly. In the U.S. system of checks and balances, the Supreme Court specifically provides a check on the majority imposing their will in ways that violate the constitutional/civil rights of minority populations. So I feel a lot of empathy today for those populations that have had to rely upon the Court to uphold, define or protect their rights. 

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5 minutes ago, fatguyinalittlecoat said:

Dems have no way to stop this themselves.  It’s not about showing grit.

Honestly, I know this, but I what other hope do I have? I have to rely on the fact that I do not have exhaustive knowledge of legislative procedure, and hope there is something the dems can do to force a moderate option to replace Kennedy. A vote in 2018 doesn’t help, calling lock-step voters to wait or insist on a moderate choice will do nothing, and I hesitate to just accept “foregone” conclusions.

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Ted Lieu‏ @tedlieu 4m4 minutes ago

My statement on the retirement of Justice Kennedy.

“The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new Congress.”

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Just now, The Football Freak said:

Honestly, I know this, but I what other hope do I have? I have to rely on the fact that I do not have exhaustive knowledge of legislative procedure, and hope there is something the dems can do to force a moderate option to replace Kennedy. A vote in 2018 doesn’t help, calling lock-step voters to wait or insist on a moderate choice will do nothing, and I hesitate to just accept “foregone” conclusions.

If there was anything they could do they would have done it for Gorsuch.

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12 minutes ago, JuniorNB said:

As horrible of a time that this little pocket will be in the US History book, there is still the silver lining that all these hoards of young people who are turning 18 are going to soon get us back on track.  People under 25 were raised where they don't even bat an eye when they see two women holding hands.  Or a white woman married to a black man.  It's not even an issue. So Trump and his antiquated bigots are having a fun little run right now and are stepping in some serious #### with the SCJ situation, but it's all temporary.  11,000 Americans turned 18 today. And another 11,000 yesterday. 4 million this year. Another 8 million before the next Presidential election. There will have never been a stronger push to get these kids active and registered. Very few would ever support Trump's racist antiquated agenda. 

So hang in there folks. It's like seeing the extended five day forecast in April and seeing that they want rain every day. Yeah, wetness is coming, but it's April. And summer is coming regardless of how you look at it. 

Once they get some coin in their pocket and figure out the world doesn’t operate like their political science professor told them, most eventually step into the light and join the GOP.   

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6 minutes ago, Don Quixote said:

Why is it a do-over?  Republicans have 51, which is enough now (50-49 edge if you take out McCain).  Democrats can't do much more than complain and watch.

That depends on who Trump nominates.  If he goes too far to the right, all it takes are 1-2 moderate GOP members like Susan Collins for it to blow up in Trump's face.

My take is that Trump will nominate someone who isn't that far to the right.  Or that's what he SHOULD do.  But again, he does lack some common sense.

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  • squistion changed the title to ******Official SCOTUS Thread - Justice Breyer to retire

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