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  1. #1
    Dame_Enda Dame_Enda is online now
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    Supreme Court watch

    Trump to announce Supreme Court pick Tuesday | TheHill

    Top candidates:

    - William Pryor (48), Federal Appeals Court Judge, former AG of Alabama. The most polarising choice, having called Roe v Wade an "abomination". Opposed Lawrence v Texas which legalised homosexuality in 2002. But also recently criticised by some on the Religious Right for joining a ruling supporting transgendered rights. Bush couldnt get him past Dem fillibuster in 2003 so used a recess appointment (they expire at the end of the next Congressional session), after which the Senate confirmed him in 2005 as Federal judge. (Catholic)

    - Neil Gorsuch (50). Former Justice Scalia Clark. Shares Scalia's doctrine of "originalism" i.e. that constitution be interpreted as drafters intended. Views on Roe v Wade a mystery. (Protestant). He has criticised liberals for using the courts to settle social issues such as gay rights euthanasia and school vouchers. Opposed to euthanasia. He upheld a renewable energy mandate in Colorado, and the rights of religious bodies not to be forced violate their conscience by Obamacare regarding contraception, and said that if a govt body displays the Ten Commandments, that does not require them to also display texts from other religions.

    His jurisprudence:

    Freedom of religion[edit]
    Gorsuch is a believer in a broad definition of religious freedom and sided with Christian employers and religious organizations in the cases of Burwell v. Hobby Lobby Stores, Inc. and Little Sisters of the Poor. In the Hobby Lobby case, Gorsuch held that the requirement in the Affordable Care Act that employers provide insurance coverage for contraceptives without a co-pay violated the rights of those employers that object to use of contraceptives on religious grounds.[15] He wrote: "The ACA’s mandate requires them to violate their religious faith by forcing them to lend an impermissible degree of assistance to conduct their religion teaches to be gravely wrong.”[5]
    In his dissent of the 2007 case Summum v. Pleasant Grove City, Gorsuch took the view that displaying a religious monument, such as the Ten Commandments, did not obligate a governmental authority to display other offered monuments, such as those from other religions.[16]
    Authority of federal agencies[edit]
    In writing his opinion for Gutierrez-Brizuela v. Lynch, Gorsuch postulated that the 1984 case of Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., which gives federal agencies (and not the courts) the authority to interpret ambiguous laws and regulations, should be reconsidered.[17] In his opinion, Gorsuch wrote that the practice of administrative deference established by the Chevron case is “more than a little difficult to square with the Constitution of the framers’ design.”[18] The impact of an overturn of the Chevron case would be to shift power from federal agencies to the courts.[18]
    Interstate commerce[edit]
    Gorsuch has been an opponent of the dormant commerce clause, which allows state laws to be declared unconstitutional if they are interpreted to violate the commerce clause with respect to interstate commerce. In his opinion for the 2015 case of Energy and Environmental Legal Institute v. Epel, Gorsuch opined that Colorado's mandates for renewable energy did not violate the commerce clause by putting out-of-state coal companies at a disadvantage. Gorsuch wrote that the Colorado renewable energy law “isn’t a price-control statute, it doesn’t link prices paid in Colorado with those paid out of state, and it does not discriminate against out-of-staters”.[19]
    Criminal law[edit]
    In the 2012 case of United States v. Games-Perez, Gorsuch ruled on a case where a felon owned a gun in a jurisdiction where gun ownership by felons is illegal; however, the felon did not know that he was a felon at the time. Gorsuch concurred with the opinion that "The only statutory element separating innocent (even constitutionally protected) gun possession from criminal conduct in 922(g) and 924(a) is a prior felony conviction. So the presumption that the government must prove mens rea here applies with full force."[20]
    Death penalty[edit]
    Gorsuch denied requests of death-row inmates seeking to escape executions.[21]


    Gorsuch is a proponent of originalism, the idea that the Constitution should be interpreted as the Founding Fathers would have interpreted it, and of textualism, the idea that statutes should be interpreted literally, without considering the legislative history and underlying purpose of the law.[3][4]
    In a 2005 speech at Case Western Reserve University, Gorsuch said that judges should strive "to apply the law as it is, focusing backward, not forward, and looking to text, structure, and history to decide what a reasonable reader at the time of the events in question would have understood the law to be -- not to decide cases based on their own moral convictions or the policy consequences they believe might serve society best."[24]

    In a 2005 article published by National Review, Gorsuch argued that “American liberals have become addicted to the courtroom, relying on judges and lawyers rather than elected leaders and the ballot box, as the primary means of effecting their social agenda" and that they are "failing to reach out and persuade the public". Gorsuch wrote that, by relying on judges instead of elected officials and the ballot box to enact their agenda, American liberals are circumventing the democratic process on issues like gay marriage, school vouchers, and assisted suicide, and this has led to a compromised judiciary, which is no longer independent. Gorsuch wrote that American liberals' "overweening addiction" to using the courts for social debate is "bad for the nation and bad for the judiciary".[25][13]

    States' rights[edit]
    Gorsuch was described by Justin Marceau, a professor at the University of Denver’s Sturm College of Law, as “a predictably socially conservative judge who tends to favor state power over federal power”. Marceau added that the issue of states' rights is important since federal laws have been used to reel in "rogue" state laws in civil rights cases.[26]

    Abortion rights[edit]
    Gorsuch has never had the opportunity to write an opinion on Roe v. Wade.[24]
    Euthanasia[edit]
    In his book The Future of Assisted Suicide and Euthanasia, Gorsuch argued for "retaining the laws banning assisted suicide and euthanasia … based on the idea that all human beings are intrinsically valuable and the intentional taking of human life by private persons is always wrong".[7]
    - Thomas Hardiman (51). Sits on Federal Appeals court with Maryann Trump Barry, Trumps sister. Seems a "law and order" and pro gun type. (Catholic I think)

    Some of Hardimans rulings:

    Quote Originally Posted by wikipedia
    In United States v. Abbott, 574 F.3d 203 (3d Cir. 2009), affirmed, 562 U.S. 8 (2010), Hardiman held that a defendant's mandatory minimum sentence for violating the federal law against using firearms in connection with criminal activity is not affected by the imposition of another mandatory minimum for a different offense. In Florence v. Board of Chosen Freeholders, 621 F.3d 296 (3d Cir. 2010), affirmed, 132 S. Ct. 1510 (2012), Hardiman held that a jail policy of strip-searching all arrestees does not violate the Fourth Amendment's prohibition of unreasonable searches and seizures.

    In Barkes v. First Correctional Medical, Inc., 766 F.3d 307 (3d Cir. 2014), Hardiman dissented from the Third Circuit's holding that two Delaware prison officials could be sued for failing to provide adequate suicide prevention protocols after a mentally ill inmate committed suicide. The Supreme Court agreed and unanimously reversed in Taylor v. Barkes, 135 S. Ct. 2042 (2015).
    Other noteworthy opinions by Hardiman include:

    Lodge No. 5 of Fraternal Order of Police v. City of Philadelphia, 763 F.3d 358 (3d Cir. 2014): striking down under the First Amendment a city charter provision barring police officers from donating to their union's political action committee.

    United States v. Pendleton, 658 F.3d 299 (3d Cir. 2011): upholding under the Foreign Commerce Clause a federal statute criminalizing sexual conduct with a minor in a foreign place.

    Kelly v. Borough of Carlisle, 622 F.3d 248 (3d Cir. 2010): holding that a police officer was immune from suit because there is no clearly established First Amendment right to videotape police officers during traffic stops.

    Drake v. Filko, 724 F.3d 426 (3d Cir. 2013): dissenting from the court's decision to uphold under the Second Amendment a New Jersey law requiring residents to make a showing of "justifiable need" to receive a license to carry a handgun in public.

    B.H. ex rel. Hawk v. Easton Area School District, 725 F.3d 293 (3d Cir. 2013) (en banc): dissenting from the court's holding that a public school violated the First Amendment by banning middle-school students from wearing bracelets inscribed "I [love] boobies!" that were sold by a breast cancer awareness group.
    In re Jevic Holding Corp., 787 F.3d 173 (3d Cir. 2015): holding that a "structured dismissal" of a Chapter 11 bankruptcy may, in rare circumstances, deviate from the priority system of the Bankruptcy Code.
    Binderup v. Attorney General, 836 F.3d 336 (3d Cir. 2016) (en banc): filed an opinion joined by four other judges recognizing the Second Amendment right to bear arms of individuals convicted of nonviolent offenses.
    United States v. Fisher, 502 F.3d 293 (3d Cir. 2007): holding that a judge could find facts to enhance a criminal sentence according to the preponderance of the evidence standard of proof.
    - Diane Sykes (59). Wasnt thought to be in the running but was on Trumps list in the GOP debates. Fox says shes back in running, but some websites say her age (59) might count against her. Curiously her ex husband is mortal Trump foe and Wisconsin radio host Charlie Sykes. In 2006 ruled that a student society could discriminate against LGBT people and still receive public funding, because it was based on conduct not sexual orientation - a view that was rejected by the Supreme Court in a similar case later. (religion unknown).

    Outsiders:

    Don Willett: Sceptical of gay marriage and transgender bathrooms. Compared gay marriage to marrying bacon in a tweet. Dissented from Texas court ruling that dismissed a challenge to gay marriage.
    Last edited by Dame_Enda; 30th January 2017 at 02:44 PM.
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  2. #2
    ne0ica ne0ica is offline
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    forgot all about it. Trump certainly is keeping busy. Hopefully he will pick somebody completely odious to the left and liberals will continue their national meltdown.
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  3. #3
    Happycamping Happycamping is offline

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    Quote Originally Posted by ne0ica View Post
    forgot all about it. Trump certainly is keeping busy. Hopefully he will pick somebody completely odious to the left and liberals will continue their national meltdown.
    Yes, because that would be the best thing for everyone.
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  4. #4
    Congalltee Congalltee is offline

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    Did he not say he would appoint a learned scholar?
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  5. #5
    Betson Betson is offline

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    I think he will throw them all off by picking a minority or female nomination , and let the party of identify politics object to them.

    This is likely the most lasting legacy or relevance Trump or indeed any president has while in office and after they leave office. Very important decision that has long term consequences no matter who gets in the White house in 4 years time.
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  6. #6
    silverharp silverharp is offline
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    Liking Neil then, there has been too much of the "living document" mumbo jumbo, be honest and try get the document changed if that's what you want to do.
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  7. #7
    Betson Betson is offline

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    There will be pressure from the GOP to pick a relatively young candidate so as that they can get the maximum of the pick.
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  9. #9
    Justinian Justinian is offline
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    Picking a moderate might well increase Trump's chance of getting a second pick. Choosing someone less moderate might well decrease it. He ought to keep that in mind.
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  10. #10
    ruserious ruserious is offline
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    He'll pick another reality TV star; Judge Judy.
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