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Author Topic: Justice Ruth Bader Ginsburg has passed  (Read 474 times)

Curelom

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« Last Edit: September 25, 2020, 03:39:39 pm by dyany »
 
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JLM

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Re: Justice Ruth Bader Ginsburg has passed
« Reply #1 on: September 19, 2020, 09:39:44 am »
My initial thought when reading the news, "CRAP!!"

My second thought, "I wonder if McConnel will abide by his own rule from four years ago to not consider a SCOTUS nominee during an election year."  Answer?  Nope.  What a hypocrite!
 
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Jason

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Re: Justice Ruth Bader Ginsburg has passed
« Reply #2 on: September 19, 2020, 02:34:00 pm »
Should he follow the Biden rule and not nominate someone in an election year? There is plenty of hypocrisy to go around. But digging deeper, there is nuance to both Biden's and McConnel's positions than just to say hypocrite. There is dealing with the opposing party, flipping the court's leanings, and timing to consider. All of those come into play in making these decisions.

One of the core reasons many Republicans voted for Donald Trump was to ensure a more constitutionally minded judiciary, including the Supreme Court. A more constitutionally minded Supreme Court would not be a bad thing. If Trump is out after one term, then a positive legacy from him would be 3 Supreme Court justices and many federal justices.
 

JLM

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Re: Justice Ruth Bader Ginsburg has passed
« Reply #3 on: September 19, 2020, 03:23:31 pm »
Quote
  One of the core reasons many Republicans voted for Donald Trump was to ensure a more constitutionally minded judiciary, including the Supreme Court. A more constitutionally minded Supreme Court would not be a bad thing. If Trump is out after one term, then a positive legacy from him would be 3 Supreme Court justices and many federal justices.

In terms of applying and interpreting the constitution, I tend to have found Sotomayor's and Ginsburg's approval more in line with the underlying enlightenment era Christian based principles of the constitution that those so called new textualists.

In any case,  please go reread Marbury vs. Madison.  Legally, the US constitution measns what SCOTUS says it means.  All justices bring their life experiences as well as their legal analysis philosophy to the court.  Unfortunately, many if not most judges being nominated by Trump bring a bias directly contradictory to Christ's teachings.
 

pnr

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Re: Justice Ruth Bader Ginsburg has passed
« Reply #4 on: September 20, 2020, 09:36:27 am »
She wrote a client of mine for whom I'd helped write the Briefs after the Supreme Court had rejected hearing the appeal.   She said sometimes its better not to take appeals when there aren't enough votes to get the right thing done.   I thought that was a sweet thing to do.
Nauvoo 1270, Feb 2005
 
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Curelom

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Re: Justice Ruth Bader Ginsburg has passed
« Reply #5 on: September 21, 2020, 09:52:52 pm »
One of the core reasons many Republicans voted for Donald Trump was to ensure a more constitutionally minded judiciary, including the Supreme Court. A more constitutionally minded Supreme Court would not be a bad thing.

There are "constitutionally minded" judges of various political persuasions. Both sides of the political aisle want to pack courts with judges they hope will reflect their own biases & support their own agendas, & both are wrong. Just because a judge is perceived as "liberal" & a less strict constructionist does not automatically mean he/she wants to tear up the Constitution. Just because a judge is perceived as "conservative" does not automatically mean he/she wants to tear up human rights. The most important qualification for a Supreme Court justice is knowledge of constitutional law & the ability to interpret the law fairly without exceeding what it prescribes.

In the past, it seemed more typical to have a balance of "liberal" & "conservatives" on the court. A 6-3 split on the Supreme Court isn't necessarily a good thing. It's the equivalent of a super majority in a legislature, where whoever owns enough votes to override a veto owns the decision-making process. That isn't a good thing, whatever your political persuasion. It discourages reasoned & respectful discourse & results in decisions being bulldozed through. If we've learned nothing else about Trump, we know he is not interested in reasoned & respectful discourse & he sees himself as a bulldozer. That worked for Hitler & it works for Kim Jong Un, but it isn't how American democracy works.

The bullying approach where a president cares less about the law than about every branch, twig & leaf of government being a mirror of his own views is a threat to our democracy. It has another minus: the turn-about effect. IOW, "just you wait." If Biden wins the election & the Dems take a majority in the Senate, it's already being discussed that they could seek to increase the number of Supreme Court justices. Congress can do that. And you know who will be appointed. Any party in power needs to think twice before it stomps, kicks, & tramples over the minority party, because someday they're going to be on the bottom & will have no right to whine when they're getting stomped.

And just a little sidebar, but oh, soooo revealing: Trump & McConnell could barely wait until she was at the mortuary before they started talking about rushing to fill the seat, hovering like vultures before the body is even cold. And now look what Trump is saying.

https://www.msn.com/en-us/news/politics/trump-doubts-ruth-bader-ginsburgs-dying-wish-claiming-democrats-wrote-it/ar-BB19g9bx

https://www.aol.com/article/news/2020/09/21/trump-suggests-democrats-manufactured-ginsburgs-final-wish/24625921/
 
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JLM

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Re: Justice Ruth Bader Ginsburg has passed
« Reply #6 on: September 21, 2020, 10:22:18 pm »
Agreed.  The ideal make up of The Court would be 3 liberal justices, three conservative jusyices, and three moderates to negotiate the differences. 

Ironically, what the Republicans are planning is judicial activism to the extreme. 
 
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Roper

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Re: Justice Ruth Bader Ginsburg has passed
« Reply #7 on: September 23, 2020, 08:42:48 am »
If President Trump is going to nominate and the Senate confirm before January, then I hope the new Justice is Amy Coney Barrett.

Quote
“Amy represents an opportunity to showcase a generationally brilliant, special intellect — who also is a mom,” says O. Carter Snead, Barrett’s longtime faculty colleague at the Notre Dame law school, where Barrett also received her law degree. ... her pro-life bona fides are on display not just in her activities and statements, but also in her own family: She is a mother of seven, including one biological child with intellectual disabilities and two adopted from Haiti.
-https://nypost.com/2020/09/21/why-amy-coney-barrett-is-hands-down-best-pick-to-replace-ruth-bader-ginsburg/
All grown-ups were once children...but only few of them remember it. ― Antoine de Saint-Exupéry, "The Little Prince."
 
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Jason

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Re: Justice Ruth Bader Ginsburg has passed
« Reply #8 on: September 23, 2020, 04:18:56 pm »
And just a little sidebar, but oh, soooo revealing: Trump & McConnell could barely wait until she was at the mortuary before they started talking about rushing to fill the seat, hovering like vultures before the body is even cold. And now look what Trump is saying.

The same day (Saturday) that Justice Scalia died Obama began conference calls discussing his replacement. I would call both instances good governance rather than "hovering like vultures before the body is even cold". But if one goes the vulture route, it applies to Obama as well.

 
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Roper

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Re: Justice Ruth Bader Ginsburg has passed
« Reply #9 on: September 23, 2020, 07:36:08 pm »
My morning commute is 30 minutes. I usually listen to NPR's Morning Edition. I've been listening to Morning Edition since Bob Edwards was the host back in the 80s. That will probably change. I can't stand Steve Inskeep. He's downright rude. He interrupts people. He politicizes every single story with his endless editorials. Example: This morning, I was listening to the live broadcast of Ruth Bader Ginsburg's memorial service. A Rabbi chanted the 23rd psalm in Hebrew. It was incredibly beautiful--musical, reverent, and filled with devotion. Within milliseconds of the last syllable, Inskeep was back on, blathering about the political ramifications of possible Trump nominees. Give it a rest, Stevio. It's a memorial service.
All grown-ups were once children...but only few of them remember it. ― Antoine de Saint-Exupéry, "The Little Prince."
 
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palmetto_gal

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Re: Justice Ruth Bader Ginsburg has passed
« Reply #10 on: September 24, 2020, 02:43:29 pm »
As an aside, I learned yesterday the difference between a casket and a coffin.  A coffin has tapered ends at both head and feet, whereas a casket is rectangular.  I had always used the two words interchangeably.  One never stops learning. 
 
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Curelom

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Re: Justice Ruth Bader Ginsburg has passed
« Reply #11 on: September 25, 2020, 06:01:52 am »
As an aside, I learned yesterday the difference between a casket and a coffin.  A coffin has tapered ends at both head and feet, whereas a casket is rectangular.  I had always used the two words interchangeably.  One never stops learning.

Why do you think people would build coffins, which seem to require more work since the ends & sides are at angles & have to be matched up perfectly, & then the lid also has to match? It seems easier to make something with all right angles, whether it's by hand or some automated process. And I doubt that a coffin with tapered ends saves any space in the ground.
 
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Curelom

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Re: Justice Ruth Bader Ginsburg has passed
« Reply #12 on: September 25, 2020, 06:06:49 am »
And here it is, the specter of “turn-about” that I mentioned in an earlier post.

https://www.msn.com/en-us/news/politics/democrats-plan-their-revenge-if-gop-senate-confirms-trump-pick-for-high-court/ar-BB19mIbv?ocid=msedgntp

Trump & his lap-dogs (McConnell, McCarthy, & Graham we know, & now Romney has caved) are intent on pushing their will on the Democrats & on the country just over a month from the election, & rubbing everyone’s faces in it. But you can beat dogs only so many times before they bite. After Merrick Garland, & Trump’s unconcealed intent to fill the courts with only his handpicked favorites, & now the haste to replace Ginsburg while refusing to compare it with the Garland episode that happened EIGHT MONTHS before the election … well, I think the dog is about to bite back.

I wish it could be different. It could be if the Supreme Court were treated as the independent branch that the Founders seemingly intended, & if politicians were civilized, statesmanlike, & patriotic rather than venal, corrupt, self-serving, & blindly loyal to party ahead of country. If the Dems win the White House & Congress, the GOP is screwed & will have no one to blame but themselves. If we see Congress enlarge the SCOTUS & it gets packed with justices who are a little too extreme left, the extreme right will need to look in the mirror. This tit-for-tat could go on for years, depending on who the next few presidents are, & true moderates, whether they lean liberal or conservative, aren’t going to like it. I don’t want to see this country rent apart by a brawl between the likes of either McConnell or AOC, both of which are deplorable, but Trump tossed down the gauntlet.
 
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Roper

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Re: Justice Ruth Bader Ginsburg has passed
« Reply #13 on: September 25, 2020, 08:21:22 am »
I see this issue differently. Our country is not governed by the dying wishes of public figures, no matter how beloved. We're not governed by the broken promises of politicians. We are not governed by the notions of "That's just the way we've always done it." We are not governed by threats of political retaliation. We're governed by the principles and processes our Constitution. Our President  has the constitutional right to nominate a new Supreme Court justice when there is a vacancy. Our Senate has the constitutional right to confirm that nominee.

We demand that President Trump and his Republican supporters abide by our Constitutional process during and after the upcoming election. We should also demand that elected Democrats and their supporters abide by our Constitutional process now in appointing a Supreme Court justice.
All grown-ups were once children...but only few of them remember it. ― Antoine de Saint-Exupéry, "The Little Prince."
 
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pnr

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Re: Justice Ruth Bader Ginsburg has passed
« Reply #14 on: September 25, 2020, 09:03:42 am »

Trump & his lap-dogs (McConnell, McCarthy, & Graham we know, & now Romney has caved) are intent ....

And now this thread belongs in politics.    Those awful people mentioned are saving America from itself.   Judge Ginsburg was famous for restraining the left in pursuit of constitutional government herself.    And if Congress ever decides to do its job in legislating, courts at all levels would be less tempted to do it for them.
« Last Edit: September 25, 2020, 07:54:11 pm by pnr »
Nauvoo 1270, Feb 2005
 
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