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PhreeZone

Supreme Court Justice Antonin Scalia dead at 79

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rushmc

*********************Wow!
What an oratory!

Let's distill it down to the LCD.
It's about power.
I don't want the Supreme Court Swinging Left. You do.

Y



I'd prefer a SC that judges cases on their merits, and justices whose positions can't be predicted ahead of time based on the party of the president who nominated them.

Right now we only seem to have one of those, and he's marginal in that respect.

I may have a heart attack, I agree with this.:P

So he wants a judge that spends a lot of time looking at original intent, trying to be objective about it, and not letting personal biases get him away from original intent..........

Indeed - which is not someone like Scalia who refused to consider "intent" even when clearly stated.

Intent of the founders
Not the congress

Wrong again.

Nope
Not wrong
The SC primary job is to uphold the Constitution.

To follow the intent of a congress would at time go against their oath .

I know that is not the progress view but, that does not make you correct.

YOU are wrong about Scalia. He ignored original *intent* as explained by the founders themselves in much of their writings, and went solely by the text they wrote, without any explanation as to why, in the Constitution. Well, except when it was convenient for his agenda to vote differently, since he really wasn't intellectually honest.

Scalia wasn't an originalist, he was a textualist. Different things.
...

The only sure way to survive a canopy collision is not to have one.

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gowlerk

Quote

The SC primary job is to uphold the Constitution.



Oh, if it could only be so simple. Then you would not need an odd number, would you? You should read about the role of your SC. It has many roles. But the one you are talking about is actually "interpreting" the constitution. There's the rub.



It is
And this is their first responsibility.

In John's world it is the intent of the law created by congress he thinks comes first.

But overall, I agree with your assessment.
"America will never be destroyed from the outside,
if we falter and lose our freedoms,
it will be because we destroyed ourselves."
Abraham Lincoln

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rushmc

:D

you are wrong about him

You are too emotionally involved to be coherent about him it seems



I don't think you even know the difference.



Scalia has argued against judges treating the United States Constitution as a "Living Constitution." Instead, Scalia has urged judges to adopt a textualist method of interpretation, noting that judicial interpretation should be "guided by the text and not by intentions or ideals external to it, and by the original meaning of the text, not by its evolving meaning over time."[6]

[6] Rossum, R. "The Textualist Jurisprudence of Justice Scalia." Claremont, CA: Claremont McKenna College.


ballotpedia.org/Textualism
...

The only sure way to survive a canopy collision is not to have one.

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rushmc

***

Quote

The SC primary job is to uphold the Constitution.



Oh, if it could only be so simple. Then you would not need an odd number, would you? You should read about the role of your SC. It has many roles. But the one you are talking about is actually "interpreting" the constitution. There's the rub.



It is
And this is their first responsibility.

In John's world it is the intent of the law created by congress he thinks comes first.
.

Just because you are wrong about Scalia doesn't mean you can read my mind. I haven't written any such thing.
...

The only sure way to survive a canopy collision is not to have one.

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ryoder

From "The Onion": "Justice Scalia Dead Following 30-Year Battle With Social Progress"
:D



Report from the SC's attending physician, RADM Monahan, has just been released and says:

Scalia suffered from coronary artery disease, obesity, diabetes,
sleep apnea, degenerative joint disease, chronic obstructive pulmonary disease and high blood pressure. Scalia was also a smoker, the report said.

Other than that, he was in perfect health.
...

The only sure way to survive a canopy collision is not to have one.

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Wouldn't THIS be interesting to see . . .

Quote

http://www.foxnews.com/politics/2016/02/25/obama-reportedly-considering-nevada-gov-sandoval-for-supreme-court-nomination.html


I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

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turtlespeed


Sandoval was unanimously confirmed by the U.S. Senate on October 24, 2005, by a vote of 89–0 (with 11 Senators not voting).

Source: https://en.wikipedia.org/wiki/Brian_Sandoval#Federal_district_judge

It will be interesting to see how McConnell & cronies explain how refusing to approve him will be due to anything other than having their heads up their asses, since approving him unanimously before.
"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

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>It will be interesting to see how McConnell & cronies explain how refusing to
>approve him will be due to anything other than having their heads up their
>asses, since approving him unanimously before.

This is completely different because Obama.

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billvon

>It will be interesting to see how McConnell & cronies explain how refusing to
>approve him will be due to anything other than having their heads up their
>asses, since approving him unanimously before.

This is completely different because Obama.



It's interesting because -
1) He's been confirmed before
2) McConnell would be pushed to accept, because Obama calls their bluff
3) As soon as they get their political bluff called, the Democrats filibuster.
I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

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turtlespeed

***>It will be interesting to see how McConnell & cronies explain how refusing to
>approve him will be due to anything other than having their heads up their
>asses, since approving him unanimously before.

This is completely different because Obama.



It's interesting because -
1) He's been confirmed before
2) McConnell would be pushed to accept, because Obama calls their bluff
3) As soon as they get their political bluff called, the Democrats filibuster.

had he not declined,

3) McConnell declares victory, having forced Obama to
pick a Republican Governor.

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SkyDekker

What a great system where the selection for the highest court has more to do with politics than ability.



It's only going to get worse.
I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

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