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  • #166
    Re: The Power of the SCOTUS II: "Release the Kagan!"

    Originally posted by WeWantMore View Post
    As expected, the Supreme Court has ruled in favor McDonald in McDonald v. Chicago.
    5-4. Elections have consequences.
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    • #167
      Re: The Power of the SCOTUS II: "Release the Kagan!"

      Part of Sarbanes-Oxley just got knocked out on "separation of powers" grounds. 5-4 again.
      "We in America do not have government by the majority. We have government by the majority who participate." -Thomas Jefferson

      "I confess I enjoy democracy immensely. It is incomparably idiotic, and hence incomparably amusing." -H. L. Mencken

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      • #168
        Re: The Power of the SCOTUS II: "Release the Kagan!"

        5-4 at the Court level for every decision is just sad.
        **NOTE: The misleading post above was brought to you by Reynold's Wrap and American Steeples, makers of Crosses.

        Originally Posted by dropthatpuck-Scooby's a lost cause.
        Originally Posted by First Time, Long Time-Always knew you were nothing but a troll.

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        • #169
          Re: The Power of the SCOTUS II: "Release the Kagan!"

          Originally posted by ScoobyDoo View Post
          5-4 at the Court level for every decision is just sad.
          Why?

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          • #170
            Re: The Power of the SCOTUS II: "Release the Kagan!"

            We'll talk again if Obama has the opportunity to name Scalia's replacement.

            I don't know if constant 5-4's is necessarily terrible -- fundamental ideological disagreements can't just be ignored -- though it may indicate poor leadership, and it means none of these issues are really "solved." This is either a transitional Court on the way somewhere, or a placeholder Court waiting for a new generation of intellectually serious jurists.

            We'll find out.
            Last edited by Kepler; 06-28-2010, 11:51 AM.
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            • #171
              Re: The Power of the SCOTUS II: "Release the Kagan!"

              Originally posted by Kepler View Post
              intellectually serious jurists.
              We'll see about that. That's like saying a centrist or moderate politician. It's like a unicorn or a leprechaun. Myth and legend.

              O'Connor may have been one of the last real "intellectually serious jurists". It was a sad day for me when she retired.
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              Originally posted by Kepler
              When the giraffes start building radio telescopes they can join too.
              He's probably going to be a superstar but that man has more baggage than North West

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              • #172
                Re: The Power of the SCOTUS II: "Release the Kagan!"

                Originally posted by dxmnkd316 View Post
                We'll see about that. That's like saying a centrist or moderate politician. It's like a unicorn or a leprechaun. Myth and legend.

                O'Connor may have been one of the last real "intellectually serious jurists". It was a sad day for me when she retired.
                O'Connor was criticized by both sides for not being a "dependable vote." It drives ideologues up a wall when you don't fit into the us or them camps, but actually consider the case before you.

                I think there's hope -- that there are thousands of intellectually serious people out there who could improve the Court. We could start by compiling a list of the ideal nominees of the major political think tanks on both sides, and DQ'ing them. Of the current Court, that would probably knock out all but Kennedy.
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                • #173
                  Re: The Power of the SCOTUS II: "Release the Kagan!"

                  Interesting Supreme Court ruling in the Hastings law school case, where the Court, by 5-4 ruled against the Christian student group which wished to exclude students who wouldn't meet the group's membership requirements. The court ruled that the school was within its rights to not recognize the Christian student group and let the group receive benefits a recognized student group on campus receives. Depending on your view, this is a victory against attempted discrimination, or a potentially serious undermining of freedom of religion and association. I lean toward the latter, though hopefully this ruling is very specific to Hastings' circumstances and not construed broadly or a sign of further things to come. Kennedy was the swing vote, siding with the court's liberals, as he does at times.

                  A couple interesting views from Forbes and The Atlantic:

                  http://www.forbes.com/2010/06/28/rel...echannelforbes

                  http://www.theatlantic.com/national/...gnition/58860/
                  Originally posted by Priceless
                  Good to see you're so reasonable.
                  Originally posted by ScoobyDoo
                  Very well, said.
                  Originally posted by Rover
                  A fair assessment Bob.

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                  • #174
                    Re: The Power of the SCOTUS II: "Release the Kagan!"

                    It is a really interesting case, and I'll enjoy reading various scholarly responses to it. I'm in the process of reading Stanley Fish's The Trouble with Principle, and this is right up that same alley. Fish, interestingly, rejects the concept of "reverse discrimination" as the very sort of relativism that conservatives usually decry. It's a thoughtful argument I'd recommend to people interested in these sort of ethical dilemmas.
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                    • #175
                      Re: The Power of the SCOTUS II: "Release the Kagan!"

                      Originally posted by Bob Gray View Post
                      I lean toward the latter,
                      Gee, there's a surprise.
                      Originally posted by mookie1995
                      bc is superior to bu in nearly everything. while it is sad that it has come to it, it's the truth. if bu doesn't like it, improve.
                      Rep from Hokydad -"and your an old never been piece of ****"

                      Originally Posted by Dirty
                      Why is anyone surprised that Old Pio is acting like a grumpy old f^ck? He is a grumpy old f^ck.

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                      • #176
                        Re: The Power of the SCOTUS II: "Release the Kagan!"

                        Originally posted by theprofromdover View Post
                        Gee, there's a surprise.
                        Gee, more constructive posting from you.
                        Originally posted by Priceless
                        Good to see you're so reasonable.
                        Originally posted by ScoobyDoo
                        Very well, said.
                        Originally posted by Rover
                        A fair assessment Bob.

                        Comment

                        • #177
                          Re: The Power of the SCOTUS II: "Release the Kagan!"

                          Jeff Sessions has to be the biggest idiot in the Senate ... and that says a lot.
                          "We in America do not have government by the majority. We have government by the majority who participate." -Thomas Jefferson

                          "I confess I enjoy democracy immensely. It is incomparably idiotic, and hence incomparably amusing." -H. L. Mencken

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                          • #178
                            Re: The Power of the SCOTUS II: "Release the Kagan!"

                            Originally posted by ScottM View Post
                            Jeff Sessions has to be the biggest idiot in the Senate ... and that says a lot.
                            Unless Coburn and DeMint retired, he's still only got the bronze.
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                            • #179
                              Re: The Power of the SCOTUS II: "Release the Kagan!"

                              Originally posted by ScottM View Post
                              Jeff Sessions has to be the biggest idiot in the Senate ... and that says a lot.
                              That's intellectually dishonest.

                              I guess what I'm saying is the overall picture that you portray of Jeff Sessions seems to me to be disconnected to the reality of it.

                              I feel like that you were not rigorously accurate in describing the whole nature of this circumstance and so I'm disappointed in it.
                              Last edited by ScoobyDoo; 06-29-2010, 04:32 PM.
                              **NOTE: The misleading post above was brought to you by Reynold's Wrap and American Steeples, makers of Crosses.

                              Originally Posted by dropthatpuck-Scooby's a lost cause.
                              Originally Posted by First Time, Long Time-Always knew you were nothing but a troll.

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                              • #180
                                Re: The Power of the SCOTUS II: "Release the Kagan!"

                                Originally posted by Kepler View Post
                                Unless Coburn and DeMint retired, he's still only got the bronze.
                                I was listening to his questioning of Kagan, and felt myself having a "Lewis Black Moment" ...
                                "We in America do not have government by the majority. We have government by the majority who participate." -Thomas Jefferson

                                "I confess I enjoy democracy immensely. It is incomparably idiotic, and hence incomparably amusing." -H. L. Mencken

                                sigpic

                                Comment

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