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  1. #1
    cyberianpan cyberianpan is offline
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    Trump and reshaping the judiciary

    Mitch McConnell engaged in unprecedented obstruction of Obama judicial nominees

    This gave Trump a huge backlog to fill at all levels of the Federal court system: https://www.bloomberg.com/news/artic...ped-u-s-courts

    Now with Justice Kennedy retiring from the Supreme Court, Trump has an historic opportunity to reshape American laws

    Kennedy is frequently the swing vote, Trump will presumably seek to replace him with someone in the mold of Gorsuch

    What do folks think of the politicisation of the US judiciary ?

    Also, I suspect Trump's nominations here will go down as what the GOP find most pleasing about him

    Cyp
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  2. #2
    SweenyTodd SweenyTodd is offline

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    Trump - a democrat from New York - is more prolife than Fianna Fail or Sinn Fein.

    Strange new world.
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  3. #3
    Dame_Enda Dame_Enda is online now
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    Kennedy was the 5th vote in the 5-4 decision of the gay marriage ruling (Obergefell case). I think Democrats will be watching to see what the next nominee thinks on this issue. During his hearings, Gorsuch was asked by Illinois Senator Dick Durbin was gay marriage "settled law" and he said it was, but indicated that there were still issues relevant to it that had to be litigated (presumably the bakery/flowers type of cakes but maybe other issues too). Kennedy was also relatively pro choice on abortion but in recent times has been becoming more conservative, including the ruling yesterday that Californian crisis pregnancy centres didnt have to give abortion information.

    Another question is will Flake lift his blockade on court nominees in time to vote on a replacement, and will Corker, Flake and if he returns McCain vote against in order to poke the president in the eye.
    Last edited by Dame_Enda; 27th June 2018 at 07:22 PM.
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  4. #4
    cyberianpan cyberianpan is offline
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    https://www.vox.com/platform/amp/pol...-supreme-court
    But a Court without Kennedy is substantially more likely to:

    Overturn Roe v. Wade and allow states (and maybe the federal government too) to ban most or all abortions.
    Reject challenges to capital punishment and solitary confinement.
    Rule in favor of religious challenges to anti-discrimination law, and perhaps, in an extreme case, reverse some past Supreme Court rulings on gay rights.
    Bar government actors from engaging in explicit race-based affirmative action.
    Note also that Mueller's work will probably get challenged in the Supreme Court

    Cyp
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  5. #5
    The Eagle of the Ninth The Eagle of the Ninth is offline
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    Yup. Not that this has much to do with Trump, apres moi le deluge is his motto, he couldnt care less. But synchronicity.

    McConnell has been packing the courts with young white male judges, on life-time gigs, who are overwhelmingly anti-voters rights, anti-abortion, anti-gay.

    He will bend the rules to do that too, bucking "blue slips" to appoint judges. This is the accepted practice whereby nominating judicial committees must consult with the opposition (Dems in this case) and must deliver a majority vote. F(uck that, says McConnell.
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  6. #6
    Dame_Enda Dame_Enda is online now
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    Reuters Top News

    Verified account

    @Reuters
    Following Following @Reuters
    More
    UPDATE: Trump says has list dating back to campaign of 45 people to replace retiring Supreme Court Justice Kennedy
    https://www.reuters.com/article/us-u...-idUSKBN1JN2OF
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  7. #7
    Dame_Enda Dame_Enda is online now
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    Quote Originally Posted by The Eagle of the Ninth View Post
    Yup. Not that this has much to do with Trump, apres moi le deluge is his motto, he couldnt care less. But synchronicity.

    McConnell has been packing the courts with young white male judges, on life-time gigs, who are overwhelmingly anti-voters rights, anti-abortion, anti-gay.

    He will bend the rules to do that too, bucking "blue slips" to appoint judges. This is the accepted practice whereby nominating judicial committees must consult with the opposition (Dems in this case) and must deliver a majority vote. F(uck that, says McConnell.
    The blue slip doesnt apply to the Supreme Court nominations.
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  8. #8
    Justinian Justinian is offline
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    Quote Originally Posted by Dame_Enda View Post
    Reuters Top News

    Verified account

    @Reuters
    Following Following @Reuters
    More
    UPDATE: Trump says has list dating back to campaign of 45 people to replace retiring Supreme Court Justice Kennedy
    https://www.reuters.com/article/us-u...-idUSKBN1JN2OF
    That's interesting. Though the American people must first be allowed to decide the direction of the court and thus no nomination may be acted upon until such time comes to pass.
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  9. #9
    The Eagle of the Ninth The Eagle of the Ninth is offline
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    Quote Originally Posted by Dame_Enda View Post
    The blue slip doesnt apply to the Supreme Court nominations.
    So its OK to tear up accepted convention for lower court appointments to act in a nakedly partisan manner? Sure, Jan, sure.
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  10. #10
    NYCKY NYCKY is offline
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    Quote Originally Posted by cyberianpan View Post
    Mitch McConnell engaged in unprecedented obstruction of Obama judicial nominees

    This gave Trump a huge backlog to fill at all levels of the Federal court system: https://www.bloomberg.com/news/artic...ped-u-s-courts

    Now with Justice Kennedy retiring from the Supreme Court, Trump has an historic opportunity to reshape American laws

    Kennedy is frequently the swing vote, Trump will presumably seek to replace him with someone in the mold of Gorsuch

    What do folks think of the politicisation of the US judiciary ?

    Also, I suspect Trump's nominations here will go down as what the GOP find most pleasing about him

    Cyp
    It started with Ted Kennedy and Bork. Before that the appointments were rarely as political as they are now.

    There used to be a token Catholic and a token Jew and the rest were Protestants. All changed now, with a token Protestant on the court.
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