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Old 02-13-2016, 03:56 PM
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Default Scalia dead

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Old 02-13-2016, 04:17 PM
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Sad...I didn't like him or agree with most of his ideas but it's always sad.

The fight to fill his seat will be epic. I'd bet that the GOP will refuse to do so despite it being Obamas right to fill the Seat with his own person.
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Old 02-13-2016, 04:19 PM
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Sad...I didn't like him or agree with most of his ideas but it's always sad.

The fight to fill his seat will be epic. I'd bet that the GOP will refuse to do so despite it being Obamas right to fill the Seat with his own person.
Really, is that some kind of Constitutional thing I don't know about? Like, if they don't approve who he wants, could he just coast from the Presidency to the SCOTUS and flip them off while he's at it?
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Old 02-13-2016, 04:26 PM
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No...he'll need Senate approval of whoever he wants to appoint but they'll be very leery to approve any liberal Justices so they'll almost certainly fight, filibuster, etc hoping for a GOP victory in November. It's never happened before but they'll not gonna go down easily given how this will shift the balance of power on the Court AND they're so close (in their minds) to a chance to get the WH back.
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Old 02-13-2016, 04:35 PM
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I am sick.. and utterly shocked. As someone who agreed with most of what Scalia ruled on, I am devastated. Of course, I would be sad if any of the justices passed away, even Ginsburg, this is devastating. I was a few weeks away from meeting him
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Old 02-13-2016, 04:38 PM
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I am sick.. and utterly shocked. As someone who agreed with most of what Scalia ruled on, I am devastated. Of course, I would be sad if any of the justices passed away, even Ginsburg, this is devastating. I was a few weeks away from meeting him
It is always sad when someone you respect dies.

My only hope is that he is replaced quickly by a qualified jurist and that the GOP doesn't act like a bunch of 5 year olds when Obama doesn't pick a far right judge to replace him.
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Old 02-13-2016, 04:40 PM
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Sad...I didn't like him or agree with most of his ideas but it's always sad.

The fight to fill his seat will be epic. I'd bet that the GOP will refuse to do so despite it being Obamas right to fill the Seat with his own person.
I certainly won't pretend grief. I can think of no American since the demise of Joseph McCarthy more deserving of damnatio memoriae.
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Old 02-13-2016, 04:53 PM
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I certainly won't pretend grief. I can think of no American since the demise of Joseph McCarthy more deserving of damnatio memoriae.
Yes, if you think the Supreme Court should legislate from the bench and play politics, then Scalia would most certainly be an enemy to you. If you think that the Supreme Court should rule, not based on the law, but on nine justices personal opinions, then you would oppose Scalia. If you believe that the Supreme Court should fulfill its role that was given to it by the Constitution and to actually apply the law on it's original meaning, then you respected him as a judge.
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Old 02-13-2016, 04:55 PM
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It is always sad when someone you respect dies.

My only hope is that he is replaced quickly by a qualified jurist and that the GOP doesn't act like a bunch of 5 year olds when Obama doesn't pick a far right judge to replace him.
I agree with that. I don't want a far right justice, but a justice that will follow the text of the law and the Constitution to make the correct decisions. If it comes out in a way that favors the Democrats, then fine. For example, Scalia was big on Fourth Amendment protections, which would go against law enforcement. The right didn't like that at times. I, however, agreed with what Scalia ruled because the law is the law. If you don't like it, elect different representatives to Congress.
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Old 02-13-2016, 05:04 PM
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Yes, if you think the Supreme Court should legislate from the bench and play politics, then Scalia would most certainly be an enemy to you. If you think that the Supreme Court should rule, not based on the law, but on nine justices personal opinions, then you would oppose Scalia. If you believe that the Supreme Court should fulfill its role that was given to it by the Constitution and to actually apply the law on it's original meaning, then you respected him as a judge.
His tenure was exactly indicative of what you just argued a justice should not do. He used his post to steer the state on the basis of his politics, not upon the basis of legal precedence. Heller, Citizens United, Bollinger, scores of rulings chipping away at Roe, Bush v Gore, et alia. Heck, just this week he was integral in overturning the president's attempt to combat global warming.
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Old 02-13-2016, 05:07 PM
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Cruz has already stated he will block any Obama nominee and he feels we owe it to the American people to wait till the next President to replace Scalia.

What a shock.

Mind you, such a block has literally never happened in history for a SCOTUS nominee.
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Old 02-13-2016, 05:11 PM
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Not since John Tyler anyway.
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Old 02-13-2016, 05:11 PM
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His tenure was exactly indicative of what you just argued a justice should not do. He used his post to steer the state on the basis of his politics, not upon the basis of legal precedence. Heller, Citizens United, Bollinger, scores of rulings chipping away at Roe, Bush v Gore, et alia. Heck, just this week he was integral in overturning the president's attempt to combat global warming.

Heller- Easy easy decision. Right to bear arms as an individual rights was assumed from the founding of this country. We have documents showing that.

Bush v. Gore- Scalia wasn't the only one to see it was an easy decision.

Citizens United- Free speech case, really isn't that tough, though I understand the anger.

The EPA has too much power, so that wasn't a surprise.
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Old 02-13-2016, 05:13 PM
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Cruz has already stated he will block any Obama nominee and he feels we owe it to the American people to wait till the next President to replace Scalia.

What a shock.

Mind you, such a block has literally never happened in history for a SCOTUS nominee.
A blockade could backfire on them. Could you imagine the spike in voter turnout on the left (and right) if the republicans attempt to obstruct the process until after the election?
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Old 02-13-2016, 05:16 PM
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Heller- Easy easy decision. Right to bear arms as an individual rights was assumed from the founding of this country. We have documents showing that.

Bush v. Gore- Scalia wasn't the only one to see it was an easy decision.

Citizens United- Free speech case, really isn't that tough, though I understand the anger.

The EPA has too much power, so that wasn't a surprise.
Right to bear arms is qualified as being part of a well-regulated militia. Do all the handgun owners in DC belong to such an organization? Is it well-regulated?
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Old 02-13-2016, 05:18 PM
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His tenure was exactly indicative of what you just argued a justice should not do. He used his post to steer the state on the basis of his politics, not upon the basis of legal precedence. Heller, Citizens United, Bollinger, scores of rulings chipping away at Roe, Bush v Gore, et alia. Heck, just this week he was integral in overturning the president's attempt to combat global warming.
Also, stare decisis isn't required. Much of the precedence he voted to overthrow was because it was so clearly wrong. The sooner Roe and Casey get overruled, the better. Roe is one of the worst decisions in the history of the U.S., following Dred Scott and Bell, and I'm not just talking about the decision, but how it was reasoned (even those who support abortion agree it was awful).
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Old 02-13-2016, 05:19 PM
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Right to bear arms is qualified as being part of a well-regulated militia. Do all the handgun owners in DC belong to such an organization? Is it well-regulated?
Those are two separate things. You can check the history and you can check the linguistics, as has been analyzed many many times. It's much more useful to try and argue against Citizens United, because even though it's slight, you can at least make somewhat of an argument against it, which cannot be done against individual right to bear arms. Even my extremely liberal law professor agreed with the decision.

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Old 02-13-2016, 05:31 PM
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Cruz has already stated he will block any Obama nominee and he feels we owe it to the American people to wait till the next President to replace Scalia.

What a shock.

Mind you, such a block has literally never happened in history for a SCOTUS nominee.
The nomination and confirmation processes take awhile, so even without blockage it would prob go past election.
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Old 02-13-2016, 05:39 PM
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Also, stare decisis isn't required. Much of the precedence he voted to overthrow was because it was so clearly wrong. The sooner Roe and Casey get overruled, the better. Roe is one of the worst decisions in the history of the U.S., following Dred Scott and Bell, and I'm not just talking about the decision, but how it was reasoned (even those who support abortion agree it was awful).
And this is exactly why presidential elections are so important. Beyond that unfortunately debating this issue with you is pointless until you finally admit that what you accuse the progressive justices of is exactly what we accuse the conservative justices. They are all picked based on politics, and their opinions and rulings are symptoms of their politics, not of some ephemeral originalism. Heller overturned centuries of precedence and redefined what the 2nd Amendment was. Heller and Citizens United have redrawn the political landscape just as much as Roe, and how all were decided had less to do with the Constitution than upon the personal philosophies of the individuals sitting on the court at the time of their ruling. Certainly Roe would have had a very different ruling, a 5-4 one, if it had come before the court on Monday. And that is due to the men and women on the court, not upon the merits of the case. Let's not pretend that the contention in the confirmation process is over their qualifications, it's over their politics.
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Old 02-13-2016, 05:45 PM
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The nomination and confirmation processes take awhile, so even without blockage it would prob go past election.
That's total bullshit and you know it. McConnell has already come out saying he's going to block any attempt as will Cruz. It's pure politics, not a slow nomination process. When's the last time the court waited 11 months to attempt to fill a nomination? Never
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