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******Official SCOTUS Thread******


squistion

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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? 

 

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1 minute 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? 

 

yes?

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1 minute 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? 

 

The SCOTUS has always been politicized.

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Chris Matthews‏ @HardballChris 10m10 minutes ago

Huge. He'll forever be remembered as the Justice who helped bring marriage equality.

"Their hope is not to be condemned to live in loneliness, excluded from one of civilization’s oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right."

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Huh.  I think I'd rather this happen now and his seat get filled than have it be a rallying point for the midterms.   If there was a Supreme Court seat on the line in November, I could see conservatives that don't support Trump voting just to make sure the GOP has the Senate for this confirmation.   With the SC safely conservative, more republicans may just stay home.

RBG better be healthy enough for a few more years.

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Just now, the rover said:

Huh.  I think I'd rather this happen now and his seat get filled than have it be a rallying point for the midterms.   If there was a Supreme Court seat on the line in November, I could see conservatives that don't support Trump voting just to make sure the GOP has the Senate for this confirmation.   With the SC safely conservative, more republicans may just stay home.

RBG better be healthy enough for a few more years.

This is a terrible take

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2 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? 

 

Kennedy was appointed as a moderate conservative after Bork was rejected, but he broke with the conservatives on some social issues.   

Whoever Trump chooses is going to be far to the right of Gorsuch. 

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1 minute ago, Henry Ford said:

“Pfft, there’s no difference between Clinton and Trump. I’ll just vote for Gary Johnson.”

Along those same lines:

Wil 'this account mocks fascists' Wheaton‏ @wilw 12m12 minutes ago

Great work, Bernie Bros! Glad you didn't think there was a meaningful difference between Hillary Clinton and Donald Trump. Bravo, guys.

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2 minutes ago, IvanKaramazov said:

She may only need to outlast November.  Considering the precedent the Republicans set with Gorsuch, I would expect the Democrats to block any SCOTUS nominations, assuming they take the Senate.

Taking the senate less likely than taking the house.  most likely outcome is they take the latter but not the former.

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Just now, the rover said:

in what way?  he's retiring.   would you rather it happen now or in October, when it would be used to unify the conservative vote?

that “unifying factor” never goes away.

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13 minutes ago, IvanKaramazov said:

Just the other day, I saw somebody posting about abortion was a settled issue in the US.  This is the fifth vote to send it back to the states.

Could they ban it at the federal level?

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Just now, joffer said:

that “unifying factor” never goes away.

I'm missing something here.   There were a lot of people that claimed they didn't like Trump but voted for him because they wanted that empty SC seat to go to a conservative.   

If this seat is filled before the midterms, the SC is solidly conservative for the next 20 years, regardless of RBG.   That seems to take away the motivation that led some to vote Trump because they wanted a conservative SC.

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Just now, joffer said:

Could they ban it at the federal level?

I suppose it's theoretically possible that five justices could find a constitutional right to life somewhere in the penumbras of the constitution, but that's incredibly unlikely.  More likely is that they would just find that Casey was wrongly decided and that states are free to do whatever they want.

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1 minute ago, Ranethe said:

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

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.

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2 minutes ago, fatguyinalittlecoat said:

October, because then there is at least a chance the Dems could take back the Senate and Garland the nominee  Trump puts up.

They aren't going to wait for confirmation until after the midterms.   Kennedy is a conservative.  He's not going to screw the GOP  with the timing of his retirement.

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1 minute ago, the rover said:

I'm missing something here.   There were a lot of people that claimed they didn't like Trump but voted for him because they wanted that empty SC seat to go to a conservative.   

If this seat is filled before the midterms, the SC is solidly conservative for the next 20 years, regardless of RBG.   That seems to take away the motivation that led some to vote Trump because they wanted a conservative SC.

not conservative enough for some.  Roberts upheld Obamacare for example.  Maybe you’re right and it’s not front and center, but it never goes away.

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