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News Souter plans to retire

  1. Apr 30, 2009 #1

    lisab

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    Justice Souter plans to retire...

    http://www.msnbc.msn.com/id/30508968/

    This gives Obama his first (probably not last) chance to appoint a Supreme Court judge.
     
  2. jcsd
  3. Apr 30, 2009 #2

    Interesting. Souter was certainly not what many thought he would be, as the article mentions. I am sure Obama will get atleast one more appointment. It will be interesting to see whom Obama picks. I know Laurence Tribe has really been jockying for position, kissing up to Obama. It's nice to watch the dynamics of the Court change and shift
     
  4. Apr 30, 2009 #3

    LowlyPion

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    Souter and Ginsburg will likely get replaced in this term. So no real shift in the court.

    I think the real relief will come for me when Thomas is replaced. I'm not sure that he has contributed much of anything to the Court.
     
  5. Apr 30, 2009 #4

    Sadly, although I don't want to drag the thread off topic, I would like to hear your reasoning behind this. If you aren't comfortable disgressing from the topic of the thread here, private messages will always do.

    Also, is John Paul Stevens going to make it another four years? It seems to me than Ginsburg is more of a sure bet to stay on than Stevens is, although nothing is certain...
     
  6. Apr 30, 2009 #5

    LowlyPion

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    The actuarial odds are not favorable for Stevens to be sure. But I rather think Ginsburg's medical condition make her a more likely departee from the court.

    As to Thomas he has never impressed me as a deep thinker. Here is a pretty good survey of his work:
    http://en.wikipedia.org/wiki/Clarence_Thomas
     
  7. Apr 30, 2009 #6

    If you are referring to his lack of questions during oral arguments, I must say that this is not where the real business gets done. I have found that typically Justices tend to either a) give trouble to the attorney/petitioner or b) try to help the attorney/petitioner along, step by the step. In my opinion, this one hour of business often accomplishes very little. The real business gets settled in the Marshall Room.

    Perhaps Thomas has shown some disregard towards precedent. I understand that precedent is a cornerstone of the Court, but perhaps reversing decisions and changing views should be welcomed more. Thomas has also had some strangely contradictory views. Although he sides more with State governments in terms of Federalism, he still sees a lot of power granted to the executive branch in the Constitution. Ralph Waldo Emerson always advocated that one should be allowed to change opinions on a day to day basis. Perhaps people should be more accepting of so-called "flip-flops". After all, as Emerson put it, a foolish consistency is the hobgoblin of little minds.
     
  8. May 1, 2009 #7

    LowlyPion

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    No I'm not thinking of oral arguments. Perhaps I started off not liking him from the beginning as I thought he was not honest in his confirmation hearings. But in general I think he is bit of a hodgepodge, and I am not impressed with his desire to at once support the power of the executive and cede to the states the opportunity to create unequal applications. It is my feeling that his beliefs are more politically crafted, than judicially applied. On the other hand Scalia, who is certainly a Conservative constructionist, seems more of a consistent voice. I don't mind his voice on the court as I would hope that in the tension between his concerns for the Constitutional intent that there would be forged an appropriate balance. I think Scalia at least will follow where the logic may lead. Whereas Thomas seems to me more stubborn, maybe even close minded, and prone to construct his arguments on a result he desires, rather than arriving at a conclusion. (He would for instance just flat out overturn Roe v. Wade, a clearly backward step.)
     
  9. May 1, 2009 #8

    LowlyPion

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  10. May 1, 2009 #9
    She appears qualified, but would have been a better choice with the 10 years of Federal Appeals experience.

    I think he will lean toward a "liberal lite" female...this time.
     
  11. May 1, 2009 #10

    LowlyPion

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    You can blame Bush and the Republicans for blocking her appointment 10 years ago.
     
  12. May 1, 2009 #11
    Actually, your post more specifically says:
    1999 judicial nomination

    "On June 17, 1999, President Clinton nominated Kagan to the U.S. Court of Appeals for the District of Columbia Circuit, to replace James L. Buckley, who had taken senior status in 1996. The Senate Judiciary Committee's Republican chairman Orrin Hatch scheduled no hearing, thus killing her nomination. When Clinton's term ended, she and Allen Snyder were unconfirmed nominees for the D.C. circuit court.[2]"

    Again, her lack of bench experience will be a factor.
     
  13. May 1, 2009 #12

    LowlyPion

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    A great opportunity to help her catch up then.

    Since Clinton passed over Roberts to give it to her to begin with, it's a good chance to get destiny back on track and undo the partisanship that the Bush years introduced.
     
  14. May 2, 2009 #13

    LowlyPion

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    The cynical view of Republicans in Congress seems to fit their behavior the best. Gearing up to say no again, without even knowing what the question will be. Maybe this is why the country is fed up with their shenanigans, why their iceberg is withering as they melt away? What was it Dorothy's witch was saying last? "I'm melting, I'melting."?
    http://www.politico.com/news/stories/0509/22006.html
     
  15. May 2, 2009 #14

    LowlyPion

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    Empathy. That may serve to broaden the Court's palate.
     
  16. May 2, 2009 #15

    mheslep

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    Empathy. Wonderful. So much for Aristotle's "The law is reason, free from passion."
    What happened to support for those that
     
  17. May 2, 2009 #16

    LowlyPion

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    Following where logic leads is not incompatible with seeking just solutions based on compassion and empathy.

    Aristotle was also wrong about a number of things too. He didn't have a Nation to rebuild after 8 years of ineffective stewardship.
     
  18. May 2, 2009 #17

    mheslep

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    Yes, I see. Let's also not forget to consider how Abu Ghraib, Cheney/Rove, and American Idol all integrated through Fox News impact the rational basis for selecting a Supreme Court Justice.
     
  19. May 3, 2009 #18
    You want her to "catch up" ...learn on the job...in a lifetime appointment on the US Supreme Court:eek:

    And "get destiny back on track":uhh: WHAT?
     
  20. May 3, 2009 #19

    LowlyPion

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    Her appointment was replaced with Roberts when Bush took office. That extra experience didn't help him remember the Oath of Office on Inauguration Day. He's no prize on the Court. His only grace as far as conservatives are concerned is that he is a reliable vote against Roe v. Wade for another couple of decades.

    It seems fitting then that she, and the Republic gets back on track.
     
  21. May 4, 2009 #20

    LowlyPion

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    http://www.google.com/hostednews/ap/article/ALeqM5iVIF9OnrgW2kTS53D8szV4l9GLewD97VI5NO0 [Broken]

    Oddly in other news it was pointed out that Senator Sessions from Alabama who will apparently be the ranking member on the committee, was previously rejected as a Federal Judge by the committee. Specter voted nay on his appointment 20 years ago. Now he will replace Specter as ranking Republican. (Reason for his rejection ... racist concerns.)
     
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