The Next SCOTUS Justice

Discussion in 'Politics and Religion' started by Kel Varnsen, Jan 31, 2017.

  1. LVG

    LVG Who?! Contributor

    Posts:
    18,796
    Likes Received:
    2,704
    Joined:
    Oct 10, 2005
    Location:
    Vegas, baby, yeah!
    There's not much I can say.

    I'm a firm believer that any stare decisis test must include unworkability or absurd results. If it doesn't, stare decisis is solely decided by the majority justices. There's no check. That's what's so troubling about the test articulated by Justice Thomas; if you read it carefully it seems to say nothing more than: We'll override precedent if we want to.

    The hallmarks of the courts are transparency and stability. The law yesterday will be the law tomorrow and it will be applied in the same way. Sure, the law may change its trajectory a bit, but you won't have major swings.

    This is a major swing. And it appears that the majority SCOTUS is willing to go along for the ride. Previously, I wasn't concerned because I figured that Roberts would be concerned about the court's reputation under his tenure as Chief Justice. But that he joined this majority with this test is telling, methinks.
     
  2. Kel Varnsen

    Kel Varnsen Moderator Contributor

    Age:
    41
    Posts:
    27,281
    Likes Received:
    7,887
    Joined:
    Jun 28, 2003
    Location:
    Phoenix
     
  3. LoyaltyisaCurse

    LoyaltyisaCurse IF AND WHEN HEALTHY...

    Age:
    44
    Posts:
    36,385
    Likes Received:
    4,389
    Joined:
    Aug 10, 2004
    Location:
    CA
    WTF! This is waaay beyond Clinton tarmac nonsense the Cons went nuts over.
     
  4. LoyaltyisaCurse

    LoyaltyisaCurse IF AND WHEN HEALTHY...

    Age:
    44
    Posts:
    36,385
    Likes Received:
    4,389
    Joined:
    Aug 10, 2004
    Location:
    CA
    We are witnessing the takeover and destruction of the American System of government in real time. I can't believe this crap. There is no coming back from this.
     
    Last edited: May 15, 2019
    UncleChris likes this.
  5. LoyaltyisaCurse

    LoyaltyisaCurse IF AND WHEN HEALTHY...

    Age:
    44
    Posts:
    36,385
    Likes Received:
    4,389
    Joined:
    Aug 10, 2004
    Location:
    CA
     
  6. cheesebeef

    cheesebeef Registered User Contributor

    Age:
    42
    Posts:
    53,556
    Likes Received:
    10,313
    Joined:
    Jan 2, 2003
    hate to be the kind of guy who says I told you so...
     
  7. LVG

    LVG Who?! Contributor

    Posts:
    18,796
    Likes Received:
    2,704
    Joined:
    Oct 10, 2005
    Location:
    Vegas, baby, yeah!
    Meh. I work in a profession where I'm in the wrong 50% of the time. I've gotten used to it.
     
    MrYeahbut likes this.
  8. Rivercard

    Rivercard Too much good stuff

    Posts:
    18,768
    Likes Received:
    2,411
    Joined:
    Jul 2, 2003
    Location:
    Is everything
    IMO you are wrong less than 50% of the time on here though :)
     
    LVG likes this.
  9. UncleChris

    UncleChris Retirement Doesn't Suck Contributor

    Age:
    67
    Posts:
    18,341
    Likes Received:
    3,384
    Joined:
    Mar 24, 2003
    Location:
    New River, AZ
    What the hell???? Perry Mason was right 99% of the time!!!!!




    :D j/k, partner. :D
     
    LVG likes this.
  10. LVG

    LVG Who?! Contributor

    Posts:
    18,796
    Likes Received:
    2,704
    Joined:
    Oct 10, 2005
    Location:
    Vegas, baby, yeah!
    Baby steps!
     
  11. Dback Jon

    Dback Jon Killer Snail Contributor

    Age:
    56
    Posts:
    51,027
    Likes Received:
    5,372
    Joined:
    May 14, 2002
    Location:
    Scottsdale
    You'd be a hall of famer if you played baseball
     
    LVG likes this.
  12. cheesebeef

    cheesebeef Registered User Contributor

    Age:
    42
    Posts:
    53,556
    Likes Received:
    10,313
    Joined:
    Jan 2, 2003
    I didn't post that to say "neener neener never! I was right!" I posted it because VERY intelligent people like yourself and Ouchie seem naive to what's actually going on this country... relying on our "institutions" and "honor" to save us. It's a dangerous mindset, IMO. We are in so much crisis at literally ever level, from the Presidency, to the DOJ, to the Senate to the Judiciary branches to the state level with gerrymandering that to believe the system will ultimately take care of things is such passive resistance that it might as well be none.
     
  13. LVG

    LVG Who?! Contributor

    Posts:
    18,796
    Likes Received:
    2,704
    Joined:
    Oct 10, 2005
    Location:
    Vegas, baby, yeah!
    I didn't think you did.

    A minor clarification, insofar as stating that the systems would withstand this storm, I wasn't advocating so much systems' strengths as the people inside of them. A system is only as strong as the people who support it.

    John Adams comes to mind:

    Because we have no government, armed with power, capable of contending with human passions, unbridled by morality and religion. Avarice, ambition, revenge and licentiousness would break the strongest cords of our Constitution, as a whale goes through a net. Our Constitution was made only for a moral and religious people. ​

    Basically, he said that if we elect good people, we'll have a good government. If we elect scoundrels, then we'll have a bad government.

    We've elected scoundrels. My hope was that a few key people were not. That is no longer the case.
     
    MrYeahbut likes this.
  14. cheesebeef

    cheesebeef Registered User Contributor

    Age:
    42
    Posts:
    53,556
    Likes Received:
    10,313
    Joined:
    Jan 2, 2003
    gotcha.
     
  15. cheesebeef

    cheesebeef Registered User Contributor

    Age:
    42
    Posts:
    53,556
    Likes Received:
    10,313
    Joined:
    Jan 2, 2003
    and I think calling you naive before was actually a little harsh. So, my apologies. Maybe a little more towards idealistic before. All that has gone out the window for me at this point. We're fighting the scourge of society and they have all the weapons needed to win... even possibly including making sure they stay that way by manipulating elections with gerrymandering and flat out ignoring election security because those who wish to effect those elections are backing them.
     

Share This Page