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Thread: Supreme Court of the United States

  1. #541
    Administrator Aaron's Avatar
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    Perdue outperformed Trump in GA. So he will likely win. Democrat Joe Manchin has also signaled he doesn't want to pack the courts.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  2. #542
    Senior Member CnCP Addict johncocacola's Avatar
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    Will Democrat turnout in the Georgia runoffs be as much as the general election?

  3. #543
    Senior Member Frequent Poster Shep3's Avatar
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    Doubtful even now with trumps lead gone the republicans have more votes than the dems and with out a president election going on turn out could go down

    Quote Originally Posted by Ted View Post
    I don’t think Loeffler will win, I think Warnock will get her seat.
    Collins and the rest of the local gop will circle the wagons especially if the alternative is majority loss.

  4. #544
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    I'm concerned that democrat money and even democrats will be moving in to GA to try to take those two seats away. I'm hoping they don't get enough of either to steal these runoffs.
    Narcissistic Personality Disorder is just the clinical term used to describe an individual who is nothing more than an asshole.

  5. #545
    Senior Member Frequent Poster Shep3's Avatar
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    Cut off for voter registration is 12/7 very few people will be able to both conpleste a move, get the needed proof of residency documents, and then go to the dmv to register to vote.

  6. #546
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    John Roberts’s self-defeating attempt to make the court appear nonpolitical

    His obviously strategic opinions have infuriated the right — and emboldened the left.

    By Varad Mehta and Adrian Vermeule
    The Washington Post

    “The highest art is artlessness,” observed Francis Alexander Durivage, a now largely forgotten 19th-century American author: The appearance of acting naturally, without calculation, wins trust and admiration. In contrast, strategic behavior flagrantly intended to advance an agenda often creates public suspicion — which may undermine the aims for which the strategy is undertaken.

    Chief Justice John G. Roberts Jr. might consider the Durivage Principle. In a number of important cases in recent years, observers on both left and right have concluded that Roberts has engaged in strategic maneuvering: His goal appears to be to preserve what he takes to be the legitimacy of the Supreme Court, by disproving any suspicion that the justices vote ideologically or otherwise engage in political behavior.

    Yet because it is so clear that he is crafting opinions with this end in mind, the chief justice defeats his own aims. Roberts famously said at his confirmation hearing that the role of the justices is just to “call balls and strikes.” No one thinks that is an apt description of his judging. By striving so conspicuously to depoliticize the Supreme Court, he has brought about the very thing he hoped to prevent: No one has done more to politicize the court than the chief justice.

    Recently, as Democrats threatened to pack the court if Judge Amy Coney Barrett were confirmed, left-leaning commentators urged Roberts to tack in their direction to “save” the institution. The Washington Post columnist Dana Milbank, for instance, urged Roberts to make sure the court upheld the Affordable Care Act and took a case that would let it affirm Roe v. Wade. Otherwise, he wrote, Roberts and his fellow conservatives “can count on being joined next year by a whole batch of new colleagues.” But it seems the chief justice had already taken such admonitions to heart. The dismaying trend of tactical decisions long predates the concerns about how to fill Ruth Bader Ginsburg’s seat.

    An early, important example was the 2012 case National Federation of Independent Business v. Sebelius, in which Roberts provided the decisive vote to uphold the Affordable Care Act and its individual mandate to buy health insurance. In a remarkable exercise in broken-field running, the chief justice (joined by his liberal colleagues) dodged and wove through the legal issues. He first characterized the mandate as a “penalty” rather than a “tax” to address a preliminary issue that would determine whether the lawsuit could proceed. But Roberts then immediately turned around to describe the mandate as a tax “for constitutional purposes” to uphold it as within the powers of Congress. He made this contorted argument over the furious disagreement of the court’s other conservatives, who in a joint opinion accused him of “vast judicial overreaching.”

    Credible internal leaks — obtained by Jan Crawford at CBS News — indicated that the chief justice had originally sided with the conservatives but switched his vote after initial deliberations. Crawford’s reporting suggested that he may have been influenced by a spate of commentary (including from President Barack Obama) warning of damage to the court’s legitimacy if the ACA were invalidated, especially by a vote along liberal-conservative lines. Yet the chief justice’s switch, if it was indeed intended to preserve the court’s legitimacy, merely ended up impeaching it among legal conservatives. The Berkeley law professor John Yoo wrote that the ruling was a “big-government disaster,” for instance, and “the greatest expansion of federal power in decades.” In a polarized world, Roberts’s maneuvers to appease one audience often end up infuriating another.

    In one of the most controversial cases of 2019, Department of Commerce v. New York — on whether the Trump administration could add a question about citizenship to the census — the chief again wrote a pseudo-Solomonic judgment. On the one hand he declared that the administration enjoyed expansive legal authority to determine how to conduct the decennial census; on the other he condemned its reasons for reinstating a citizenship question as “pretextual.” (The administration said it hoped to use the information in part to enforce the Voting Rights Act. Ordinarily, the court grants the White House great deference in its reasons for pursuing goals clearly within its purview.) As Harvard Law School’s Noah Feldman put it, “Roberts split the baby — again.” Feldman explained that “Roberts’s approach … is to try to craft a middle ground that will make the Supreme Court seem less purely political than it would if he opted to join the conservatives.” That the strategy was so easy to detect and explain meant — paradoxically — that it had created an appearance of judicial politicking and was thus unsuccessful on its own terms.

    In June Medical LLC v. Russo this year, the chief justice infuriated conservatives again by providing the fifth vote to overturn a set of abortion restrictions quite similar to ones invalidated a few years earlier by a 5-to-3 majority. At issue in both cases was whether a state — Louisiana this year, Texas in 2016 — could require that a doctor at an abortion clinic have admitting privileges at a nearby hospital. It was especially notable that Roberts had voted in the minority in the Texas case to uphold the restrictions, yet argued this year that the court was now bound by that case’s precedent.

    Almost no one, left or right, saw June Medical as a principled stand by Roberts. Liberals thought his concurrence subtly threatened abortion rights. (They claim that it recalibrated the balance struck in the earlier case to remove consideration, when determining whether a law posed a “substantial obstacle” to a woman seeking abortion, of whether it produced any benefit for the woman.) This fear was seemingly — and rapidly — vindicated when lower courts immediately used his reasoning to uphold abortion restrictions. Conservatives, however, thought Roberts’s invocation of precedent was desperately unconvincing and served only to rationalize what appears to be a fear of signing on to more sweeping, and therefore more controversial, pro-life rulings. As one anonymous conservative writer told a Vox reporter after June Medical came down, “The only way to make sense of the Supreme Court’s abortion jurisprudence is to assume it is guided by one principle: ‘Pro-lifers must lose.’ ”

    Roberts also wrote the majority opinion this year in Department of Homeland Security v. Regents of the University of California, rejecting the Trump administration’s attempt to rescind the Deferred Action for Childhood Arrivals (DACA) program. Roberts ruled that the Department of Homeland Security’s decision to revoke DACA was “arbitrary and capricious” because, among other reasons, it failed to give adequate consideration to the fact that DACA recipients had come to rely upon the program as they planned their lives. For CNN’s Joan Biskupic, Roberts’s decision was typical of his “pragmatic and political” approach, but conservatives were considerably less pleased. An infuriated Sen. Tom Cotton (R-Ark.) denounced the ruling and invited Roberts “to resign, travel to Iowa, and get elected” if he “believes his political judgment is so exquisite.”

    If Roberts’s apostasies have demoralized the right — Vice President Pence flatly called him a “disappointment to conservatives” in August — they have emboldened the left. Far from sating critics of the court, his concessions have only whetted their appetite. His fundamental error has been to think that he could deflect attacks from the left by surrendering to it on some of the most divisive issues. Rather than conciliatory, these gestures have been regarded as a sign of weakness.

    Most recently this has manifested in the court-packing push. Ostensibly, the purpose of court-packing is to add enough justices to create a liberal majority — although even if Democrats had won more than 50 Senate seats this year, the proposal was a long shot to pass Congress. Yet court-packing need not actually happen to be effective. Another reason to promote it, which progressives like The Post’s Milbank freely admit, is to pressure the justices, especially Roberts, into continuing to pay the Danegeld. The Supreme Court acquiesced in the 1930s to the threat of court-packing. Why, mused Washington Monthly editor Daniel Block, shouldn’t it do so again?

    Republicans’ determination to install Barrett on the Supreme Court a week before a presidential election can be seen as a sign of conservatives’ distrust of the chief justice. Perhaps they would have been more reluctant to shatter all precedent absent their trepidation over what Roberts might do as the swing justice on a 5-to-4 court fortified by a Biden appointee. And Barrett came through: In her first significant decision, Roman Catholic Diocese of Brooklyn v. Cuomo, she voted with the other four conservatives to overturn New York Gov. Andrew M. Cuomo’s on-again, off-again coronavirus restrictions on houses of worship, while Roberts and the three liberals were in the minority.

    Barrett’s confirmation was a political gambit designed to thwart a master of political gamesmanship. It was also proof of the ultimate futility of Roberts’s strategy: The appointment of a Supreme Court justice right before a presidential election is just the sort of thing depoliticizing the court ought to avert.

    As chief justice of the United States, Roberts’s solicitude for the reputation of both the court he leads and the entire branch of government of which he is the figurative head is understandable. Ultimately, however, his efforts to show that the court is not a partisan institution have provoked the right as much as the left. Two of Roberts’s consequential legacies will probably be the very politicization of the Supreme Court he sought to prevent, and a Republican Party that is likely to turn “No more Robertses!” into a mantra — as it did “No more Souters!” The chief will have no one to blame but himself.

    https://www.washingtonpost.com/outlo...781_story.html

  7. #547
    Administrator Aaron's Avatar
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    Deliberately making the incorrect decision to appease the other side, as Roberts has done, undermines legitimacy more than anything else. If correct decisions in accordance with the constitution and the law disproportionately harm one party, then that party ought to change its agenda. Seriously, don't give such people an inch. The Barrett confirmation will ensure the court works as intended.
    Don't ask questions, just consume product and then get excited for next products.

    "They will hurt you. They will hurt your grandma, these people. The root cause of this is there's no discipline in the homes, they don't go to school, you know, they live off the government, no personal accountability, and they just beat people up for no reason, and it's disgusting." - Former Hamilton County Prosecutor Joe Deters

  8. #548
    Senior Member Frequent Poster Shep3's Avatar
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    ACB effectively neutered Roberts

  9. #549
    Senior Member Frequent Poster Alfred's Avatar
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    Progressives are calling for the resignation of Supreme Court Justice Breyer

    Progressives are encouraging Justice Stephen Breyer to resign in hopes that President Joe Biden will appoint the first Black woman to the Supreme Court.

    Breyer, 82, is known for his progressive rulings and opposition to the originalist approach to the Constitution. He politically aligned with Democrats and often agreed with former Justice Ruth Bader Ginsburg and Justice Elena Kagan.

    During the previous administration, former President Donald Trump nominated three judges to the court, creating a conservative majority.

    After the controversy of confirming Justice Amy Coney Barrett within weeks of the 2020 general election, politicians wondered whether Biden would “pack the court”, when a President appoints several judges of a certain political group, to outweigh the new conservative majority.

    However, activists are now encouraging Breyer to retire in order to open up a new seat.

    Biden said in his campaign that he would appoint a Black woman to the Supreme Court during his presidency. Demand Justice, an organization dedicated to court reform, created a list of potential candidates Biden could appoint.

    Their list includes Michelle Alexander, Cheri Beasley, Ketanji Brown Johnson and Sherrilyn Ifill. Biden recently appointed Johnson to fill a seat in the D.C. Court of Appeals which is creating a buzz about a potential Supreme Court nomination later in her career.

    “[Our] Supreme Court shortlist illustrates the breadth of progressive talent available to a president committed to nominating a diverse group of justices who have spent their careers fighting to uphold the values of equal justice under the law,” reads Demand Justice’s website.

    In the Supreme Court’s history, 96.5 percent of all justices have been men. While only 5.3 percent of justices have been women or minorities, according to CNN.

    Justice Clarence Thomas is the only active Black justice, his ruling history leaning conservative. He is the second Black man to serve on the court following former Justice Thurgood Marshall.

    There has yet to be a Black woman on the Supreme Court. After Vice President Kamala Harris became the first Black and South Asian woman to be elected to office, activists are demanding to expand that diversity into the judicial branch.

    Activist organizations such as Women’s March are promoting Breyer’s retirement as well.

    “The time has come for Justice Breyer to retire and pass on the mantle of protecting women’s rights,” Women’s March CEO Rachel O’Leary Carmona said in a statement. “The stakes are too high to wait a moment more. The longer Breyer stays on the Court, the more he risks leaving everything we care about in the hands of Mitch McConnell.”

    Now that the court is majority conservative leaning, Carmona wrote how she fears for women’s healthcare and LGBTQ+ rights. People speculated whether Roe vs. Wade, a case granting women access to abortion, could be overturned.

    “In his 27 years on the Court, Justice Breyer has built a legacy of securing and defending women’s rights by enforcing equal justice under the law,” Carmona wrote. “Now, Justice Breyer can cement that legacy by allowing President Biden to appoint the first Black woman to the Supreme Court.”

    Several congressmen are in agreement that Breyer should be replaced with someone aligning with his political ideology, according to NPR. This would not change the majority, but could add a more liberal ideology.

    “If Justice Breyer is to be committed to his judicial ideology, he is going to want to be replaced on the bench by someone who is going to vote to uphold the fundamental right to vote in this country and to protect the rights of the most marginalized members of our society,” Rep. Mondaire Jones of New York said to NPR.

    However, the original purpose of the Supreme Court was to have impartial judges interpreting our Constitution. Despite this, political ambitions have impacted nominations, confirmations and proceedings. To replace a judge with another of the same political alignment as the current administration may be counterintuitive to the original purpose of the court.

    Despite the efforts, Jen Psaki, White House press secretary, said it’s Breyer’s choice whether he will retire from the court.

    Biden has not indicated any Supreme Court nominations in the near future.

    https://depauliaonline.com/53937/pol...ustice-breyer/

  10. #550
    Senior Member CnCP Addict johncocacola's Avatar
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    Breyer retiring with such a hot topic docket next term (concealed carry, abortion, Tsarnaev) would be kinda crazy in my view.

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