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  #601  
Old 06-27-2018, 08:07 PM
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Default Re: SCOTAL Itch

Kennedy has been awful lately, true, but he certainly wasn't going to overturn his own landmark decisions on gay rights, and he was at least squishy on abortion rights rather than an outright reactionary. This is awful news no matter how it's drawn.
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  #602  
Old 06-27-2018, 08:31 PM
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Default Re: SCOTAL Itch

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  #603  
Old 06-27-2018, 10:29 PM
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Default Re: SCOTAL Itch

He's always got the stupid smug look on his face. Makes me want to punch him.
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  #604  
Old 06-27-2018, 10:50 PM
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Default Re: SCOTAL Itch

The appropriate term is Backpfeifengesicht. The Germans have a term for almost everything. I'm not sure he outdoes Ted Cruz in the Backpfeifengesicht department, though.
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  #605  
Old 06-28-2018, 01:39 AM
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Default Re: SCOTAL Itch

Quote:
Originally Posted by Walker Bragman
Progressives and Democrats should be focusing on the election in 2020 because 1) it is a census year — meaning the makeup of the House of Representatives for the following decade will depend on down-ballot voting — and 2) there may be openings on the Supreme Court.
[...]
I’m Not Afraid of Donald Trump [emphasis in original]
[...]
Finally, let's talk about the Supreme Court.

We have no way of predicting who Trump would appoint, but we can speculate with Hillary Clinton. While she has said that her litmus test for nominees will be commitment to overturning Citizens United v. FEC, there is little reason to trust her given how much she benefits from the current campaign finance system that is a product of that ruling and others. Clinton's reliance on dark money and coordination with super PACs, along with her lack of serious discussion and failure to prioritize this issue belie her promise to reform.

This is the single most important, and inclusive problem today because it affects our ability to deal with every other issue. It is also the one area Democrats are not necessarily better than Republicans. President Barack Obama's recent Supreme Court nominee, Merrick Garland, is one of the judges responsible for the disastrous SpeechNow.org v. FEC ruling which gave us Super PACs, and upheld Citizens United. Trump has talked about appointing additional Scalias.
[...]
In the end, it is doubtful that the more negative aspects of Trump's platform will ever come to pass. In 2016, the lesser-of-two-evils is not so clear.
Fuck this guy. And fuck any dumb piece of shit who promoted this piece or similar thinking.
For example, fuck this guy:
Quote:
Originally Posted by davidm View Post
The lesser of two evils is not at all clear in 2016

I will add that I think Trump, if elected, will do nothing to impede gay or transgender rights and will not appoint Scalias to the Supreme Court. All his rhetoric suggesting he will do such stuff is malarky to gull the rubes
Not the only examples of this, but the easiest for me to find off the top of my head/don't involve like, Facebook stalking and blurring out real names or extensive Twitter history searches. But I saw it many other places.

"Hillary isn't going to appoint someone to overrule Citizens United, so who cares anyway?" (Also don't ask them for evidence of that other than "she works within the campaign finance laws we have instead of unilaterally disarming" and "I don't like her" because they don't have it.)

"It's fearmongering and blackmail to say that the GOP is going to ban abortion!"

Well, the swing vote on Roe v. Wade just announced retirement. When Gorsuch 2.0 is on the court, even the recent gay marriage decisions will be vulnerable.

Conservatives are willing to hold their noses and vote for all sorts of assholes and idiots because they want those court seats. Lefties whine if you bring it up. We see which strategy is paying more dividends.
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  #606  
Old 06-28-2018, 08:38 AM
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Default Re: SCOTAL Itch

I'm sure McConnell will stick to his principles and insist that no confirmation hearings be held until after the November elections. After all, as he has so eloquently claimed in the past, it would be against the will of the American people to hold confirmation hearings less than a year before an election.


Surely, he'll remember and stick to those principles, right? Right?

:crickets:
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  #607  
Old 06-28-2018, 08:58 AM
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Default Re: SCOTAL Itch

Or hold onto that to try to make that MAGA turnout in November is the thirst for a SCOTUS seat.

h/t:

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  #608  
Old 06-28-2018, 01:26 PM
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Default Re: SCOTAL Itch

Quote:
Originally Posted by The Lone Ranger View Post
Surely, he'll remember and stick to those principles, right? Right?
Of course! But then again:
The Senate stands ready to fulfill its constitutional role by offering advice and consent on @POTUS @realDonaldTrump’s nominee to fill this vacancy. We will vote to confirm Justice Kennedy’s successor this fall.
~ Mitch McConnell (R-shitnozzle)
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  #609  
Old 06-28-2018, 03:31 PM
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Default Re: SCOTAL Itch

Quote:
Originally Posted by The Man View Post
Kennedy has been awful lately, true, but he certainly wasn't going to overturn his own landmark decisions on gay rights, and he was at least squishy on abortion rights rather than an outright reactionary. This is awful news no matter how it's drawn.
10-4 on gay rights. Kennedy did more to advance the law in that regard than any other person in U.S. history.

There were a couple of things going on in that Masterpiece Cakeshop case. First and foremost, some utterly moronic statements from members of the Colorado Civil Rights Commission, statements dripping with anti-religion animus, allowed the Court to take the easy way out and find a Free Exercise Clause violation. It's almost impossible to make a FEC stick, but the dumbass bureaucrats whose actions were at issue gave the majority an easy out that also let them avoid the rather tangled Speech Clause issues presented in that case.

The second thing is ongoing lack of comfort with test the courts use to decide FEC clause cases. The test dates back to a 1990 SCOTUS case (Scalia wrote the majority opinion) that was widely criticized by scholars and politicians all over the political/ideological spectrum as making it way too hard to prove a FEC violation. The outrage was sufficiently intense that it led to passage of the federal Religious Freedom Restoration Act in 1993, which in turn led to the 2014 Hobby Lobby abomination discussed upthread. SCOTUS doesn't really want to overrule the 1990 case and open a floodgate of dipshit FEC litigation, but majority of justices don't much like how narrow the test is.

But then Kennedy wrote that utterly feckless concurrence in Trump v. Hawaii:

Quote:
In all events, it is appropriate to make this further observation. There are numerous instances in which the statements and actions of Government officials are not subject to judicial scrutiny or intervention. That does not mean those officials are free to disregard the Constitution and the rights it proclaims and protects. The oath that all officials take to adhere to the Constitution is not confined to those spheres in which the Judiciary can correct or even comment upon what those officials say or do. Indeed, the very fact that an official may have broad discretion, discretion free from judicial scrutiny, makes it all the more imperative for him or her to adhere to the Constitution and to its meaning and its promise.

The First Amendment prohibits the establishment of religion and promises the free exercise of religion. From these safeguards, and from the guarantee of freedom of speech, it follows there is freedom of belief and expression. It is an urgent necessity that officials adhere to these constitutional guarantees and mandates in all their actions, even in the sphere of foreign affairs. An anxious world must know that our Government remains committed always to the liberties the Constitution seeks to preserve and protect, so that freedom extends outward, and lasts.
In other words, "We're powerless to do anything about it, but please Mr. President Donald Trump, pretty please with sugar on top, try to be a bit less Donald Trump-like plzkthx."

That's what you want for your swan song? That's how you want to go out? Jesus H. Donkey-Blowing Christ.

Also, :lol:@ hateful anti-religion statements of lolorado bureaucrats are outcome-determinative, but hateful anti-religion statements of POTUS don't count (or at least don't count enough to make a difference).
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  #610  
Old 07-10-2018, 12:33 AM
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Default Re: SCOTAL Itch

Looks like Judges Thomas Hardiman and Brett Kavanaugh are the finalists. They're both 53 years old, and (along with 50-year-old Neil Gorsuch) will allow Trump to forcibly cornhole the U.S. citizenry from beyond the grave, as Rehnquist did for Nixon.
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  #611  
Old 07-10-2018, 02:17 AM
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Default Re: SCOTAL Itch

Kavanaugh it is. Those who were paying attention during Shrub's first term will recognize Kavanaugh as the 38-year-old GOP partisan hack nominated to the U.S. Court of Appeals for the District of Columbia with zero judicial or litigation experience. His principal accomplishment at the time was playing a prominent role in authoring every Republican's favorite clown-punching material, the Starr Report.

On another malodorous note, this'll be 6 of 9 Supreme Court justices nominated by presidents who at one time or another failed to get 50% of the popular vote (Ginsburg and Breyer by Clinton, Roberts and Alito by Shrub,1 Gorsuch and Kavanaugh by Trump).

1 Shrub appointed Roberts and Alito after the 2004 election, in which he got just over 50% of the popular vote. However, he got substantially less than half the popular vote when he was originally "elected" in 2000.
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Last edited by Stephen Maturin; 07-10-2018 at 02:38 AM.
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  #612  
Old 07-10-2018, 03:07 AM
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Default Re: SCOTAL Itch




Bonus:


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  #613  
Old 07-12-2018, 02:49 AM
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Default Re: SCOTAL Itch


I leave writing a punchline as an exercise for the reader.
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