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Thread: Supreme Court of the United States

  1. #551
    Moderator Ryan's Avatar
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    Breyer could retire under Biden, as per his intention. To have a black woman Justice, this will be the most diverse tactic to date.
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  2. #552
    Administrator Aaron's Avatar
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    Breyer is probably going retire in a way analogous to Kennedy. Just as the latter retired at the end of the 2017-2018 term, whilst it was guaranteed Trump and Senate Republicans could confirm a replacement, the former will do the same in June 2022, ensuring Biden and Senate Democrats can confirm a replacement.
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  3. #553
    Senior Member CnCP Addict johncocacola's Avatar
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    It’s more likely than not Breyer will retire before President Biden’s term ends. I just mean that with the hot docket he will likely wait until next year, unlike how Demand Justice wants him to retire this term. He probably doesn’t want his last term to be on zoom either.

    That said, since many GOP Senators up for re-election next year are retiring they won’t have to worry about needing to leave and campaign. Democrats meanwhile have more incumbents to defend in competitive races next year and Breyer retiring then will for sure hurt their campaign schedules.

  4. #554
    Administrator Moh's Avatar
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    Regarding Supreme Court nominations, it'd be interesting to see what would happen if the GOP ended up with a 51-49 advantage as a result of Senator Manchin of West Virginia switching parties, or as a consequence of a Democratic senator passing away and being replaced by a Republican governor (a scenario that could happen in West Virginia, Arizona, Georgia, New Hampshire, Ohio, Vermont, Massachusetts, Maryland and Montana).

  5. #555
    Senior Member Frequent Poster schmutz's Avatar
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    Maryland requires the replacement to be of the same party as the departed. Governor Scott in Vermont has stated he will appoint a Democrat to replace either Sanders or Leahy. Governor Baker can appoint who he chooses, but there must be a special election within five months. He would be expected to appoint an unpopular Democrat to fill a seat he might like to contest. I don't think that in any of the other states there is anyone particularly elderly or ailing. Interesting scenarios, but none rather likely.

  6. #556
    Senior Member Frequent Poster Alfred's Avatar
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    Do you guys have any expectations with respect to SCOTUS possibly taking up a case on affirmative action next cycle?

    I hear there are rumours about entry discrimination at some colleges against Asians and whites.

  7. #557
    Administrator Moh's Avatar
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    A question: how is the determination made as to who's black? Is it the Jim Crow-era one-drop rule? Or would it be enough to self-identify as black since these days self-identification decisions are supposed to be accepted--for instance, men can now self-identify as women and dominate women's sports?

  8. #558
    Moderator Bobsicles's Avatar
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    The way I see it, you’re black if you have two black parents, you’re mulatto if you have one black parent and one white parent
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  9. #559
    Senior Member CnCP Addict johncocacola's Avatar
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    Tonight’s SCOTUS ruling on the remain in Mexico policy shows how both sides can judge shop to their advantage.

  10. #560
    Senior Member CnCP Legend Mike's Avatar
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    Stephen Breyer says he doesn't 'intend to die' on the Supreme Court but decided not to retire

    Business Insider

    Associate Supreme Court Justice Stephen Breyer on Sunday repeated he did not "intend" to die while serving on the Supreme Court even though he didn't retire at the end of the Supreme Court's previous term.

    "I didn't retire because, on balance, I decided I wouldn't retire," Breyer said during an interview with Chris Wallace that aired on "Fox News Sunday."

    "I don't intend to die on the court," he added. "I don't think I'll be there forever."

    At 83 years old, Breyer is the oldest justice currently serving on the Supreme Court. He has faced calls to retire from prominent progressives who say his resignation would allow Biden to nominate his replacement during his current term in office and before the 2022 midterm elections, while Democrats still hold a slim majority in the Senate.

    New York Democrat Rep. Mondaire Jones in April first called for Breyer to retire. Other progressive lawmakers, including New York Rep. Alexandria Ocasio-Cortez, have followed suit in calling for him to step away from the court.

    "I'm really excited about the opportunity for President Biden to appoint and for the Senate to confirm jurists on the Supreme Court who are not hostile to our democracy and will adjudicate cases that will protect and preserve voting rights and will respect the will of Congress, frankly," Jones said in an April CNN interview.

    A group of 18 legal academics urged Breyer to retire in a full-page ad in The New York Times in June, as Insider previously reported.

    During his four years in office, former President Donald Trump successfully nominated three justices to the court: Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett, shifting the ideological balance of the court toward conservatives.

    Trump's final nominee, Barrett, ascended to the highest court in the US in the final months of Trump's presidency when Associate Justice Ruth Bader Ginsburg died in September 2020 aged 87 following cancer complications. Despite pleas from Democrats to wait until after the 2020 election to nominate a new justice, Trump and Senate Republicans quickly pushed forward to place Barrett on the court.

    Barrett's confirmation by the Senate came just four years after the Republican-controlled Senate refused to hold a confirmation hearing for Merrick Garland, who had been nominated to the court during former President Barack Obama's final year in office.

    Bryer's comments Sunday echo those he made last week in an NPR interview.

    "I'm only going to say that I'm not going to go beyond what I previously said on the subject, and that is that I do not believe I should stay on the Supreme Court, or want to stay on the Supreme Court until I die," he told NPR in an interview promoting his new book, "The Authority of the Court and the Peril of Politics."

    "And when exactly I should retire, or will retire, has many complex parts to it. I think I'm aware of most of them, and I am, and will consider them," he added.

    https://www.msn.com/en-us/news/polit...?ocid=msedgntp
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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