Report: Justice Antonin Scalia found dead

PureX

Well-known member
I disagree.
He partied with people who had issues before his own court. This is not the behavior of someone who respects the importance of unbiased jurisprudence. You can disagree all you want, but if it were you who was appealing to his court for justice, and he was out partying the night before with your opposing attorneys and clients, you'd be singing a very different tune. As anyone with an appreciation for the concept of equal justice, would be.
 

Traditio

BANNED
Banned
I hope for the sake of equal justice for all in this country (which few here seems to care about) that the next appointee is neither a liberal nor a conservative, but is simply a very knowledgable and capable unbiased jurist.

Justice Scalia, by the way, was an embarrassment to the court. So although his death is unfortunate for he and his family and friends, it is a fortuitous event for the nation as a whole.

You've just contradicted yourself.
 

OCTOBER23

New member
De 18:10 There shall not be found among you any one that maketh his son

or his daughter to pass through the fire,

------------------------------------------------
 

rexlunae

New member
He was one of the few people on the court with a decent head on his shoulders.

I honestly think most of the Court are very smart people, including Scalia. Just because I have a philosophical difference with someone doesn't mean I think they're stupid.

I've read Scalia's writing before. His "philosophy" as a supreme court justice was that he was simply applying the law, as written, to the cases before him.

Yes, that's what he said. I'm not sure I buy it, but that was his stated aim.

You don't like Scalia because he actually followed the law and wasn't willing to throw out the law to suit his own activist agenda.

I philosophically disagree with originalism. I don't think that it works. Simple as that, really.
 

jgarden

BANNED
Banned
If the Senate stonewalls against an Obama nominated Supreme Court justice, they are assuming that the next president will be a Republican.

Given that the GOP "establishment" is in total disarray and has largely written off their chances of regaining the White House, that may be largely wishful thinking.

The significance of conservative appointments to the Supreme Court has been overrated, given that their majority didn't help them when it came to Obamacare and gay marriage!
 

chrysostom

Well-known member
Hall of Fame
If the Senate stonewalls against an Obama nominated Supreme Court justice, they are assuming that the next president will be a Republican.

duh

so let's have the fight now
it will be the best part of the presidential debate
guess what?
you are electing the next supreme court justice
what could be more important?
most voters don't even realize this
 

jgarden

BANNED
Banned
duh

so let's have the fight now
it will be the best part of the presidential debate
guess what?
you are electing the next supreme court justice
what could be more important?
most voters don't even realize this
As previously stated, having a majority of Republican Chief Justices didn't translate into conservative decisions to block gay marriage or overturn Obamacare.

Even if the the Republicans were to regain the White House, the chances of appointing a new Chief Justice as conservative as Scalia is remote!
 

rexlunae

New member
scalia dying now may be the most significant thing he has done

There are many candidates for most significant thing he has ever done, but maybe on the list there should be the injunction against the EPA's stationary generator emission rules issued the day before he died. That was a pretty bizarre action that the court took, unprecedented in American jurisprudence, and it very well could collapse the climate policy that the United States is following.
 

chrysostom

Well-known member
Hall of Fame
thanks for reminding us how critical supreme court judges are
let's make it the number one topic of this election year
let's have this fight now
we don't have to wait until november
bring it on
 

Foxfire

Well-known member
Aboma may float a loser nominee first to give the media time to gin up pressure on the Rs. Then, when they're ready to squeal and submit, he'll bring out his real choice.

Obama IS his own real choice. He has every incentive to defer the appointment of a new justice to the next (Dem) administration to allow him to be the nominee.

Even if it's a 4-8 year fight without filling the seat, the balance of SCOTUS is just as much changed.
 

rexlunae

New member
Obama IS his own real choice. He has every incentive to defer the appointment of a new justice to the next (Dem) administration to allow him to be the nominee.

Even if it's a 4-8 year fight without filling the seat, the balance of SCOTUS is just as much changed.


Delay!

That's where it gets tricky. No one knows for sure that the next President will be a Democrat. Maybe the Senate will be more favorable after the next election, maybe not, but to assume that the next President won't be a Republican is quite a gamble.
 

annabenedetti

like marbles on glass
From NBC:

Now, all of the cases on the court's docket are thrown into question, particularly as top Republicans like Senate Majority leader Mitch McConnell have declared that the Senate should wait to confirm a replacement until a new president is in office.

If the court of eight justices splits 4-4, the opinion of the federal appeals court stands without making law for the rest of the country, according to Samuel Bagenstos, a law professor at the University of Michigan who clerked for Supreme Court Justice Ruth Bader Ginsburg and has argued before the court several times.

The justices generally vote for a case's outcome at a conference after oral argument, after which the chief justice assigns an opinion — but if Scalia was the deciding fifth vote in a case that has already been heard, that result is negated.

"Unless a justice is sitting at the court at the time of argument and at the time the decision is issued, the justice's vote doesn't count," Bagenstos said.​
 
Top