Justice Kennedy Announces Retirement

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Re: Justice Kennedy Announces Retirement

Postby corplinx » Thu Jun 28, 2018 1:49 am

Prediction, the media will forget the brown children once trump announces a pick and they get their new talking points from the dnc on how to tear that person down.

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Re: Justice Kennedy Announces Retirement

Postby sparks » Thu Jun 28, 2018 3:11 am

Another dumpster fire in 3 ... 2 ... 1 ...
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Re: Justice Kennedy Announces Retirement

Postby Doctor X » Thu Jun 28, 2018 5:43 am

This maintains the 5-4 with the loss of Kennedy switching to the 4. Though, remember, he voted against Obamacare and it was Roberts who was the "swing." Funny thing SCOTUS.

The real dumpster fire will happen when Ruthikins goes.

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Re: Justice Kennedy Announces Retirement

Postby sparks » Thu Jun 28, 2018 6:17 am

And at 85, it will be sooner rather than later. BTW--what's her stereo like? :)
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Re: Justice Kennedy Announces Retirement

Postby Anaxagoras » Thu Jun 28, 2018 8:45 am

Do you think Roe V. Wade will be overturned? Trump promised to nominate a judge who is "pro life".



Jeffery Toobin makes a falsifiable prediction.

I'll give him partial credit if it's illegal in even 1 state (and the Supreme Court allows it to stand of course).
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Re: Justice Kennedy Announces Retirement

Postby shuize » Thu Jun 28, 2018 10:54 am


Illegal in twenty states and upheld by the Supreme Court?

That guy's on crack.

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Re: Justice Kennedy Announces Retirement

Postby Doctor X » Thu Jun 28, 2018 2:09 pm

I have been singularly disappointed with Toobin over the years. He starts with a conclusion then massages the law, sometimes making it up, which is perhaps "good lawyering" but is poor legal analysis.

He is like listening to a lawyer from the Thomas Moore Society or Focus on the Family: "I have an agenda! Here it be! If you disagree, you reject the Constitution!"

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Re: Justice Kennedy Announces Retirement

Postby Grammatron » Thu Jun 28, 2018 5:05 pm

Anaxagoras wrote:Do you think Roe V. Wade will be overturned?


No.
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Re: Justice Kennedy Announces Retirement

Postby Doctor X » Thu Jun 28, 2018 5:48 pm

I agree, opponents will try to chip away at it as they have done.

Whether that will succeed, who knows. Religious conservatives have been trying to overturn Roe v. Wade for decades.

Overturning it will create the veritable storm of shit. You can have a medical procedure funded by a state like California for illegal immigrants whilst having it declared murder and receiving the death penalty in Texas.

Then you have Texas trying to make it illegal to leave Texas to have an abortion.

--J.D.
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"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out."--Don
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"Never sorry to make a racist Fucktard cry."--His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone."--clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far."--Grammatron
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Shit. That's going to end up in your sig."--Pyrrho
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Re: Justice Kennedy Announces Retirement

Postby Pyrrho » Fri Jun 29, 2018 10:36 am

In Ohio some representatives are trying to make this a felony:

https://www.cincinnati.com/story/news/2 ... 733835002/

House Bill 658 requires any government agent (which includes teachers) immediately report to all parents or guardians if a child "demonstrates a desire to be treated in a manner opposite the child's biological sex" or exhibits symptoms of gender dysphoria, which is when someone identifies with a gender other than the one they were assigned at birth.

Under the proposed law, it would also be a fourth-degree felony for a school or any "government entity" to provide gender dysphoria treatment without consent from each parent or guardian. Treatment includes "educational materials, classes, or programs, and medical, psychological, social, or other professional treatment, therapy, counseling, or other services."


HB 658

https://www.legislature.ohio.gov/legisl ... 132-HB-658

Short Title: Refuse child's gender-based treatment not basis for custody

Long Title: To enact sections 2131.14, 2131.141, 2131.142, 2131.143, 2131.144, 2131.145, 2131.146, 2131.147, 2131.148, 2131.149, and 2919.30 of the Revised Code to prohibit a court from using a parent, guardian, or custodian's refusal to allow a child to undergo gender-based treatment as a basis for determining custody of the child.
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Re: Justice Kennedy Announces Retirement

Postby RCC: Act II » Fri Jun 29, 2018 2:26 pm

Anaxagoras wrote:Do you think Roe V. Wade will be overturned? Trump promised to nominate a judge who is "pro life".



Jeffery Toobin makes a falsifiable prediction.

I'll give him partial credit if it's illegal in even 1 state (and the Supreme Court allows it to stand of course).


I imagine more than one state already has a total ban on the books that can't be enforced because of Roe. So if Roe completely falls, those statutes would become enforceable again.

Would modifications of Roe that allow states to use bad-faith regulatory laws to make legal abortion impossible count? My guess is that is more where this would go.

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Re: Justice Kennedy Announces Retirement

Postby Anaxagoras » Tue Jul 03, 2018 6:01 am

Extreme salt warning:

Anthony Kennedy, You Are a Total Disgrace to America

No one expected Kennedy to allow Donald Trump to pick his successor. But he has. And it should forever taint his legacy as a jurist.

Michael Tomasky
07.02.18 4:54 AM ET

It’s been a few days now, but the shock of Anthony Kennedy’s retirement announcement hasn’t abated a bit. This is partly because of the ghastly coming ramifications, more on which later. But it’s also because I honestly didn’t think Kennedy would allow Donald Trump to name his successor.

I thought he had more respect for the United States of America than to allow this corrupt gangster who’s almost certainly never read a Supreme Court opinion in his life to name his successor. Yes, Kennedy is conservative, so to that extent it makes sense that he’d want a Republican president to make the call, and maybe it’s just that simple. But whatever his motivation, Kennedy has altered and destroyed his legacy.


:freedom:

Me personally, although I didn't want Trump to get another pick, there's no guarantee that there will be a perfect time in the near future for him to retire and Trump is probably just going to go with whoever the Federalist Society wants anyway (Gorsuch was a more credible pick than Harriet Miers for example). Also Kennedy is 82. Trump's impulse might be to pick someone with whom he has a personal connection, but he's smart enough a politician to know that it wouldn't be worth it. A Harriet Miers debacle would look bad, so he will probably defer to his advisers on this one.

The right really wants to overturn Roe and will be disappointed if it doesn't happen. They've been waiting for decades for this, and they know the chance may not come again anytime soon.

If anyone deserves liberal's ire it's probably RBG who is gambling that she can outlive Trump. Will she get a similar column if she goes tits up before Trump leaves office?
A fool thinks himself to be wise, but a wise man knows himself to be a fool.
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Re: Justice Kennedy Announces Retirement

Postby Doctor X » Tue Jul 03, 2018 7:35 am

She will.

And these justices are aware of it. Sandra Day O'Conner felt the need to be with her husband who suffered One of the Dementias that Means You're Fucked, and was happy when Bush won so she could retire.

Gorsuch embarrassed the Dems and Never-Trumpers because, let us be frank, "we" ["We?"--Ed.] expected him to nominate Some Trump Scrotum Licker. There was even talk of him nominating Cruz. If he wanted to overturned Roe v. Wade and possibly Brown v. Topeka [Stop that!--Ed.], he would have nominated Cruz. Instead, agree or disagree with Gorsuch on individual rulings, the guy proves competent.

If you believe some rumors, Kennedy felt Gorsuch meant that Trump was not a complete ideologue. Frankly, I do not think Trump gives a shit about abortion beyond keeping the Base of PsychoCons in his pen.

There is also the practicality that he cannot get confirmed an Obvious Ideologue. The Dems Scared of Their Conservative Con'tituents like Manchin cannot go so far as to vote for someone who is obviously opposed to Roe v. Wade. Since one of the last great Moderate Republicans has come out against anyone like that, well, that is it.

Nevertheless, Roberts--the swing vote against Kennedy that "saved Obamacare"--becomes the effective "swing vote." Does he want to be Chief Justice Tawney? According to rumors, Tawney was a very respective jurist and Chief Justice.

Then he created the Dredd Scott decision.

Does Roberts want to be that?

Whatever one thinks about abortion--I think most HERE support the option unless I missed some screed in support of its abolition--to overturn Roe v. Wade, aside from jeopardizing a right to privacy which is so fucking obvious the Founding Fathers [Cue "Yankee Doodle."--Ed.] did not bother to codify it as they did not codify "Right to Breath," would create the nightmare I suggested: states where it is funded for all, including Gram's Mom, and states where it is a capital crime for all involved, including the fetus, because, frankly, it should have chosen Christian Parents[Tm.--Ed.]

Then some Complete Fucktard will try to make it illegal to leave his state to go to another state to obtain an abortions. Which will throw it right back into the hands of the Federal courts.

Dogs and cats living together.

In the rain.

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Shit. That's going to end up in your sig."--Pyrrho
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Re: Justice Kennedy Announces Retirement

Postby ed » Tue Jul 03, 2018 11:53 am

I recall a debate during some far earlier SCOTUS nomination process about the concept of "established law". That is that if something had been around, that fact in itself increased the unlikelihood of judicial review. Now, Roe impacts half the population directly. It seems to me that it is sorta settled.

No?
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Re: Justice Kennedy Announces Retirement

Postby Anaxagoras » Tue Jul 03, 2018 4:04 pm

I'm not so sure, but we'll see. There's a large political faction for whom it isn't settled at all.

What does the official Republican Party platform say about Roe v. Wade, or abortion in general?
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Re: Justice Kennedy Announces Retirement

Postby Grammatron » Tue Jul 03, 2018 4:13 pm

Anaxagoras wrote:I'm not so sure, but we'll see. There's a large political faction for whom it isn't settled at all.

What does the official Republican Party platform say about Roe v. Wade, or abortion in general?


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Re: Justice Kennedy Announces Retirement

Postby corplinx » Tue Jul 03, 2018 4:19 pm

"established law" lets you nominate a justice who says they are pro-life but then lets roe v wade stay settled.

Trump's immediate need is justices who will keep overturning justices who think they are Autarchs ruling by Fiat and keep gumming up the system (like that asshat in Hawaii).

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Re: Justice Kennedy Announces Retirement

Postby WildCat » Tue Jul 03, 2018 5:46 pm

sparks wrote:And at 85, it will be sooner rather than later. BTW--what's her stereo like? :)

It plays wax cylinders.
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Re: Justice Kennedy Announces Retirement

Postby sparks » Tue Jul 03, 2018 6:19 pm

Too bad. Those are real tough to come by. Just ask Doc.
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Re: Justice Kennedy Announces Retirement

Postby Anaxagoras » Wed Jul 04, 2018 4:43 am

This seems to be who the Psychocons (apologies to Doc. X) want Trump to nominate:

Trump should nominate Amy Coney Barrett to the Supreme Court to save his presidency

Former clerk for Scalia, deeply religious, member of the Federalist Society. She was only appointed to a federal appeals court 8 months ago, and went through Senate confirmation at the time and was confirmed on a 55-43 vote which included some red state Democrats.

Would she vote to overturn Roe v. Wade? Nobody can prove that she would or wouldn't, of course, but I think conservatives who want to ban abortion believe that she would. She has said that life begins at conception, which might be a clue. But she would probably be a reliable conservative in the mold of Scalia, and Roberts would be the new swing vote. At age 46 she could be on the court for 3, even 4 decades. :notsure:
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