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Senate The Supreme Court

Discussion in 'Community' started by Ghost, Oct 9, 2011.

  1. anakinfansince1983

    anakinfansince1983 Skywalker Saga/LFL/YJCC Manager star 10 Staff Member Manager

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    Mar 4, 2011
    I can think of nine people in Charleston who might like a word as well.
     
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  2. vncredleader

    vncredleader Force Ghost star 5

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    Mar 28, 2016
    and 310 in Sri Lanka last year
     
  3. blackmyron

    blackmyron Chosen One star 7

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    Oct 29, 2005
    Fun fact: Benjamin Franklin invented the lightning rod. Apparently buildings getting struck by lightning was a moderately serious problem in the 18th century.

    There was a religious outcry against the usage of lightning rod, though. No, seriously. The line of reasoning, if you want to call it that, was that a bolt of lightning striking a building was Divine Providence, and that a lightning rod was humanistic defiance of the judgement of God.
    The issue was resolved when Franklin pointed out that lightning invariably destroyed the tallest buildings, and these in turn were almost always churches with steeples. In fact, churches were the most common type of buildings to be struck by lightning. Religious objections soon ceased afterwards (especially since the holdouts often had their steeples explode or catch fire).
    There's a lesson here, I think.
     
  4. Vaderize03

    Vaderize03 Manager Emeritus star 6 VIP - Former Mod/RSA

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    Oct 25, 1999
    There is indeed, but if COVID is any indication, it seems like people were more open to learning new things in the 18th Century than they are today.
     
    Last edited: Nov 29, 2020
  5. I Are The Internets

    I Are The Internets Shelf of Shame Host star 9 VIP - Game Host

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    Nov 20, 2012
    That's because God will teach them all they need to know. They don't need none of them new fangled sciency things.
     
  6. Vaderize03

    Vaderize03 Manager Emeritus star 6 VIP - Former Mod/RSA

    Registered:
    Oct 25, 1999
    Or none of them gay people.

    I would hope that the Court would not pull back this right so quickly, but given that Chief Justice Roberts was against marriage equality in Obergefell, I'm not optimistic. I'm sure there are 4 votes to revisit the case at this point.
     
    Last edited: Nov 29, 2020
  7. DarkGingerJedi

    DarkGingerJedi Chosen One star 6

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    Nov 21, 2012
    Thank god Trump is stupid. Judging by his call in today with Fox News, he's shown that he truly has no idea how the legal system works, or is supposed to work. He thinks because he's the President, he has standing in court. And he pledges to use 125% of his energy to now overturn the election because he has all the evidence of the dems cheating. Although, he did indicate that getting your case seen by SCOTUS is really hard. So maybe Rudy is actually preparing him for the news that SCOTUS has no intention of hearing his 'case'.
     
  8. anakinfansince1983

    anakinfansince1983 Skywalker Saga/LFL/YJCC Manager star 10 Staff Member Manager

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    Mar 4, 2011
  9. Vaderize03

    Vaderize03 Manager Emeritus star 6 VIP - Former Mod/RSA

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    Oct 25, 1999
    So, I find the timing of his announcement interesting given the article I posted earlier this week about Breyer's speech in which he warns against expanding the Court. Seems like mixed messages here.

    Also:

    Psaki: Biden won't pressure Breyer to retire - POLITICO

    I feel like this statement is for show, but I do believe her when she says Biden hasn't spoken to any of the justices since his inauguration.

    I don't know, it feels like something is coming down the pike in regards to SCOTUS. Maybe he's waiting for a major unpopular ruling on voting rights or abortion?
     
    Last edited: Apr 9, 2021
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  10. Juliet316

    Juliet316 37X Hangman Winner star 10 VIP - Game Winner

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    Apr 27, 2005
    I still believe McConnell's karma was having Merrick Garland as Biden's Attorney General when Mitch could have at least let Garland's SCOTUS nomination at least go to hearings instead of shelving it with the excuse of 'it's an election year' (and then turning around and pushing Trump's replacement for RBG through with even less time in the 2020 election year than Obama had in 2016).
     
  11. Kenneth Morgan

    Kenneth Morgan Chosen One star 5

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    May 27, 1999
    If it didn't work for FDR, it certainly won't work for Biden.
     
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  12. Vaderize03

    Vaderize03 Manager Emeritus star 6 VIP - Former Mod/RSA

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    Oct 25, 1999
    Perhaps not, but it may very well serve as a warning to the conservative majority not to go too far. FDR may not have packed the Court, but he did influence its rulings, which in the long run was probably more meaningful by reminding the Nine that under the Constitution they are also subject to checks-and-balances.
     
    Last edited: Apr 9, 2021
  13. Jedi Knight Fett

    Jedi Knight Fett Chosen One star 10

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    Feb 18, 2014
    FDR outlasted the court by staying for 12 years. By the time he left office a majority of the bench was his appointments.
     
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  14. Kenneth Morgan

    Kenneth Morgan Chosen One star 5

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    May 27, 1999
    Actually, both sides need to learn that lesson.
     
  15. Juliet316

    Juliet316 37X Hangman Winner star 10 VIP - Game Winner

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    Apr 27, 2005
    That won't happen again thanks to the 22nd Amendment.
     
    Last edited: Apr 9, 2021
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  16. Jedi Knight Fett

    Jedi Knight Fett Chosen One star 10

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    Feb 18, 2014
    Oh I know but that’s why he had such a large influence. The court was “his” by the time he died he had 8 out of the 9 justices
     
  17. Vaderize03

    Vaderize03 Manager Emeritus star 6 VIP - Former Mod/RSA

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    Oct 25, 1999
    Perhaps, but the GOP has been far more successful when it comes to packing the judiciary, so the onus is on the conservative bloc not to overstep--especially when a majority of the country disagrees with their viewpoints.

    The fact that the Court doesn't even remotely look like modern-day America is a major issue as well. A majority Catholic/Jewish high court does not demographically or culturally represent where the country actually is on many issues.

    Especially when they issue rulings like this: Supreme Court halts California pandemic restrictions on at-home worship - POLITICO. The fact that it's 5-4 also hurts credibility in this decision.
     
  18. anakinfansince1983

    anakinfansince1983 Skywalker Saga/LFL/YJCC Manager star 10 Staff Member Manager

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    Mar 4, 2011
  19. PCCViking

    PCCViking 5X Wacky Wednesday & 4x Hangman Winner star 10 VIP - Game Winner

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    Jun 12, 2014
  20. KnightWriter

    KnightWriter Administrator Emeritus star 9 VIP - Former Mod/RSA

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    Nov 6, 2001
    I think Democrats in Congress would be better served by expanding the lower court judiciary. It's legitimately overworked and they're not able to get to as many cases as they should. The last time it happened was in the 1970s, which I'm sure is part of why Jimmy Carter holds the record for most judicial appointments in a single term.
     
  21. Jedi_Sith_Smuggler_Droid

    Jedi_Sith_Smuggler_Droid Force Ghost star 6

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    Mar 13, 2014
    Think this is real? Could it actually happen? What’s to stop Republicans adding 6 more judges the next time the balance of power shifts?
     
  22. DarthPhilosopher

    DarthPhilosopher Chosen One star 6

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    Jan 23, 2011
    Thats kind of the problem.
     
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  23. Vaderize03

    Vaderize03 Manager Emeritus star 6 VIP - Former Mod/RSA

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    Oct 25, 1999
    This will go nowhere. It’s political theater, nothing more.

    To KW‘s point, we do need more lower court judges, but they are bound by stare decisis to follow the rulings of the Supreme Court. A smarter way to deal with a conservative majority is to legislate around it using the tools in Article II that allow Congress to limit the High Court’s reach in regards to jurisdiction over federal legislation. Simply adding more lower court judges won’t change the nature of the court system itself.

    A good analogy would be to say we’re going to add more soldiers in the army, but keep the same unpopular generals. Soldiers must follow the orders of their superiors; along similar lines, lower courts are bound by the rulings of the Supreme Court. So while it’s legitimate to say we need more lower court judges, the high court is the ultimate prize.
     
    Last edited: Apr 15, 2021
  24. Juliet316

    Juliet316 37X Hangman Winner star 10 VIP - Game Winner

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  25. Vaderize03

    Vaderize03 Manager Emeritus star 6 VIP - Former Mod/RSA

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    Oct 25, 1999
    Interesting but this is the type of ruling that most people don’t realize the Supreme Court strives for; namely, it reaches a result based on a technicality, rather than delving into the Constitutional itself.

    It’s in line with the Canon of Constitutional Avoidance, which states the judges must do everything in their power to find laws constitutional. This was an “easy out” for the Court and no surprise to me.
     
    Last edited: Apr 30, 2021
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