SCOTUS justices

[Nice Guy Eddie 13,414]

Is there much chance of any retirements as the Supreme Court term is ending?    

• Ginsberg - 83 years old.  0% chance she willingly retires during a Trump presidency.  She could fall into a coma and bet her instructions are to not use that as grounds to retire.
• Kennedy - 81 years old.  Would seem like he would want to retire during a GOP presidency but would he trust Trump to replace him with with a like-minded justice. I know many seem to think that Kennedy was happy to see Gorsuch's nomination but Gorsuch doesn't seem to hold all of the same views as Kennedy.  It was one thing for Gorsuch to replace Scalia and not see much impact on the SCOTUS rulings.  If Gorsuch (or someone similar) had replaced Kennedy, the impact would have been much larger.
• Breyer - 79 years old.   There isn't much public speculation about Breyer and his future but one would assume he would only want to retire during a Dem presidency.
• Thomas - 70 years old.   I don't see him retiring soon.   Assuming he remains healthy, Thomas could wait out another President or two to find the right time.
• All others are 68 and under so it would be unexpected for any of them to retire.

What will really throw a curve into Kennedy's plan is if the Dems can somehow take control of the Senate this year.  It seems unlikely but not impossible.  Would Kennedy/McConnell/Trump somehow try to ram a nominee through a lame duck session at the end of this year?   Given what occurred with Garland last year, I don't think a Dem-lead Senate would allow a vote on any Trump SCOTUS nominee during 2019 or 2020.    Schumer would spend 2 years refusing any confirmation hearing as he would use the same line as McConnell did for an entire year.

[SHOOTER12 8,789]

I've often wondered how these overaged relics continue to hold their positions, and just how much their advanced age affects their judgement.   I met a man a church Sunday who was 89 years old, and had spent over 50 years doing missionary work.  His health and appearance gave me pause as far as judging someone being too old to do an effective job.  Heck the guy looked 20-25 years younger than I do at least, (I'm 61 ftr) and was one of the most lucid, intelligent folks I have ever encountered.   So much for my preconceived notions about "the olds"

[woohorn 1,131]

79, 81, and 83, huh?

Rudy Giuliani is 74, fwiw.

[Nice Guy Eddie 13,414]

I think it's fair to say that we would be better off with time limits on serving in the SCOTUS or any federal judge role.   It's a mistake in the Constitution.  A 83 year old might be able to handle the rigors of the job but then again maybe they can't.

My take on how the Supreme Court should work:  Each of the nine positions should be good for 18 years.    If you die/retire early, then your replacement only gets the remaining portion of the 18 years.    Therefore we have a new SCOTUS member every 2 years.    18 years is plenty for a justice to make a difference and move on.  Most likely very few would die in office so most justices would complete their terms.    Every President gets a guaranteed 2 nominations per term.  

Because of the Garland situation, I think we would be better off with a requirement that the President and Congress confirm a replacement within a certain time period.   We need this because there are still consequences to come because of what McConnell did in 2016.  However I don't know what should occur if they fail.  Do you kick the nomination to the next President/Congress if they cannot agree (basically what happened in 2016,) or do you leave the chair empty for 18 years.  The latter would be extreme but it might force both sides (assuming a party split)  to agree that they need to find a replacement agreeable to both.

 

[sidis 9,754]

2 hours ago, SHOOTER12 said:

I've often wondered how these overaged relics continue to hold their positions, and just how much their advanced age affects their judgement.   I met a man a church Sunday who was 89 years old, and had spent over 50 years doing missionary work.  His health and appearance gave me pause as far as judging someone being too old to do an effective job.  Heck the guy looked 20-25 years younger than I do at least, (I'm 61 ftr) and was one of the most lucid, intelligent folks I have ever encountered.   So much for my preconceived notions about "the olds"

eh, you're an old now...hence your judgment being so clearly impaired on the other guy...

[SHOOTER12 8,789]

24 minutes ago, sidis said:

eh, you're an old now...hence your judgment being so clearly impaired on the other guy...

I'm sorry, could you repeat that please....a little more slowly?

[FondrenRoad 4,378]

The handling of Garland may have made it permanently impossible to get a nomination through after a midterm if the opposition holds the Senate.  In fact, even if Trump wins again in 2020, I think a Dem Senate would refuse to vote on any SCOTUS nominations.  If that happens, we could be looking at a 5 or 6 person court by 2024.

Edited June 25, 2018 by FondrenRoad

[Hugo Stiglitz 23,356]

4 minutes ago, FondrenRoad said:

The handling of Garland may have made it permanently impossible to get a nomination through after a midterm if the opposition holds the Senate.  In fact, even if Trump wins again in 2020, I think a Dem Senate would refuse to vote on any SCOTUS nominations. 

Yep, McConnell’s lasting legacy 

[Chuckie Finster 22,600]

Looking at these recent rulings... Jesus Christ, we are fucked.  

Edited June 26, 2018 by Chuckie Finster

[Js1 85,112]

True dat.

[David Dennison 18,661]

34 minutes ago, Chuckie Finster said:

Looking at these recent rulings... Jesus Christ, we are fucked.  

Politics is cyclical. 

Don't forget, gay and interracial marriage is the law of the land. 

[bernorange 8,348]

59 minutes ago, Chuckie Finster said:

Looking at these recent rulings... Jesus Christ, we are fucked.  

SCOTUS jumped the shark with the ACA ruling. 

[Dick Tremayne 103]

I'm always curious why no one talks about the fact that there is nothing requiring only nine Supreme Court justices. You would think that the easiest way to fix this (from the left's perspective) would be for the democrats to hold the presidency, house, and senate, and pass legislation to increase the number to 11.

[tantric superman 4,667]

5 minutes ago, Dick Tremayne said:

I'm always curious why no one talks about the fact that there is nothing requiring only nine Supreme Court justices. You would think that the easiest way to fix this (from the left's perspective) would be for the democrats to hold the presidency, house, and senate, and pass legislation to increase the number to 11.

[tantric superman 4,667]

Elections matter.  I think we much better off keeping the current system in place.  Much more likelihood of an aging dotard getting the message and retiring (or being impeached) from the Supreme Court than from the Presidency.

[Dick Tremayne 103]

15 minutes ago, tantric superman said:

Elections matter.  I think we much better off keeping the current system in place.  Much more likelihood of an aging dotard getting the message and retiring (or being impeached) from the Supreme Court than from the Presidency.

Meh, we've had 6, 7, 9, and 10 in the past. Franklin Roosevelt tried to pass legislation to add a justice, up to 15, for every member over 70 who chose not to retire. We really need to get past thinking that there are any norms. This is one area the republicans have it figured out. Democrats can cry for civility and norms all they want, but that time is over.

[Js1 85,112]

25 minutes ago, Dick Tremayne said:

I'm always curious why no one talks about the fact that there is nothing requiring only nine Supreme Court justices. You would think that the easiest way to fix this (from the left's perspective) would be for the democrats to hold the presidency, house, and senate, and pass legislation to increase the number to 11.

Can we also add increasing the number of representatives? 435 is too small for our population.

[tantric superman 4,667]

By advice is for Dems is to quit bitching and start voting and start putting out candidates that people can get excited about.

System works much better when you are in power.

 

[Bill Clinton 73]

[HOOK'EMHOOAH 1,606]

On 6/25/2018 at 11:42 AM, woohorn said:

Rudy Giuliani is 74, fwiw.

And likely coked out of his fucking mind 98% of the time he's awake.

[tantric superman 4,667]

I kind of see Trump as more of the kind of buffoon that the Nazi's moved out during the Night of the Long Knives.

 

[TwiceHorn 31,283]

I'm not terribly troubled by the lifetime appointment thing.  Most of them, especially at the higher levels (courts of appeal, supreme court) have sufficient respect for the "office," not to continue on if they are actually impaired.  And they don't operate in a vacuum:  almost all judges have respected colleagues that will gently let them know if they've lost it and judicial conduct commissions if sterner stuff is required  There are a few possible exceptions at the trial court level (Manny Real CDCal; John McBryde, NDTex), but it's not typical.

[Huckleberry 32,703]

52 minutes ago, Js1 said:

Can we also add increasing the number of representatives? 435 is too small for our population.

This is absolutely certain. Representatives ignore their constituents because they don't have to care about offending 100 of them.

When you had only about 30,000 constituents per rep that was a much bigger deal. With modern technology there is no reason we couldn't have a much larger house with debate and vote done remotely.

[FondrenRoad 4,378]

6 minutes ago, Huckleberry said:

This is absolutely certain. Representatives ignore their constituents because they don't have to care about offending 100 of them.

When you had only about 30,000 constituents per rep that was a much bigger deal. With modern technology there is no reason we couldn't have a much larger house with debate and vote done remotely.

Yep.  They should be locked at around 100,000 and the number of representatives should increase every census.

[BabaYaga 15,212]

Janus v. AFSCME (Union Dues)

The Supreme Court has ruled 5-4 in favor of Janus, case reversed and remanded.
Opinion written by Alito. "Court holds that union fees violate "the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern."
Dissents are by who everyone expects, Sotomayor, Kagan, Ginsburg and Breyer.

[retread 2,951]

Kennedy retiring effective 7/31/18

[Js1 85,112]

FUUUUUUUUCK

[Fozzz 152]

3 minutes ago, retread said:

Kennedy retiring effective 7/31/18

Seemed likely this would happen.  Still, fuck that piece of shit.  

[Js1 85,112]

Last I checked, we are within 6 months of an election. So....

Hahaha, as if the GOP meant that.

[Cheeseweasel 26,437]

11 minutes ago, retread said:

Kennedy retiring effective 7/31/18

Ho.Lee. Shit.

 

This is going to be a political shitstorm. 

[Jiggy-Z 3,432]

4 hours ago, BabaYaga said:

Janus v. AFSCME (Union Dues)

The Supreme Court has ruled 5-4 in favor of Janus, case reversed and remanded.
Opinion written by Alito. "Court holds that union fees violate "the free speech rights of nonmembers by compelling them to subsidize private speech on matters of substantial public concern."
Dissents are by who everyone expects, Sotomayor, Kagan, Ginsburg and Breyer.

[Nice Guy Eddie 13,414]

2 hours ago, Js1 said:

Last I checked, we are within 6 months of an election. So....

Hahaha, as if the GOP meant that.

McConnell meant that in a limited sense:  when its a presidential election where he might be able to wait out a chance to get a GOP winner.  All other scenarios require a vote as fast as possible to avoid a problem.

I don't think it will be as easy to get someone like Gorsuch through the Senate as it was last year.   Some in the Senate like to replace someone like for like to maintain balance.  Others hate that.   It will be interesting to see if the retiring Senators and McCain will play ball (Johnny Dangerously) with Trump and McConnell.   At a minimum, they will be able to extract some concessions from McConnell for whatever they want.

[Parliament 14,138]

https://fox61.com/2018/12/21/justice-ruth-bader-ginsburg-undergoes-surgery-for-cancer/

Justice Ruth Bader Ginsburg underwent a pulmonary lobectomy today at Memorial Sloan Kettering Cancer Center in New York City. Two nodules in the lower lobe of her left lung were discovered incidentally during tests performed at George Washington University Hospital to diagnose and treat rib fractures sustained in a fall on November 7. According to the thoracic surgeon, Valerie W. Rusch, MD, FACS, both nodules removed during surgery were found to be malignant on initial pathology evaluation. Post-surgery, there was no evidence of any remaining disease. Scans performed before surgery indicated no evidence of disease elsewhere in the body. Currently, no further treatment is planned. Justice Ginsburg is resting comfortably and is expected to remain in the hospital for a few days. Updates will be provided as they become available.

[Cheeseweasel 26,437]

Surely if she steps down, Trump will appoint a moderate. 

 

Right?

[Incredulity 11,555]

Just now, Cheeseweasel said:

Surely if she steps down, Trump will appoint a moderate. 

 

Right?

wouldn't matter.

[Horn Dog 9,674]

1 minute ago, Cheeseweasel said:

Surely if she steps down, Trump will appoint a moderate. 

 

Right?

Haaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaa

[Nice Guy Eddie 13,414]

The McConnell rule is that you should replace any justice with someone from the same political leanings unless the justice is liberal.  When that occurs, you replace them with a conservative.   

[Patrick Bateman 3,903]

Smh.... Does it matter that one of SCOTUS justice's wives is batshit crazy?  Probably.

Quote

What is going on with Ginni Thomas?

She looks and sounds like the Washington wife of yore, with the pearl earrings, the Reagan-red cocktail attire, the sunglasses tiara’d atop her blond bob. At the holidays, she lays wreaths at Arlington and sings carols around the piano with her be-sweatered husband, Clarence, who happens to be the longest-serving justice on the U.S. Supreme Court. Memorial Day means a backyard barbecue with star-spangled tablecloths and a sheet cake that reads “God Bless America!”

But meanwhile, on Facebook, she’s behaving like your slightly paranoid neighbor who stockpiles bullets and astronaut food.

This month, Ginni Thomas shared a Facebook post that bizarrely described California as a war zone, with illegal immigrants scaling walls and carjacking U.S. citizens. Last month, she shared a post alleging that Democrats committed voter fraud in four midterm races. (Which ones? How? She didn’t say.) Then there was the post in August (since deleted) proclaiming that teenage survivors of the Parkland, Fla., school shooting are “dangerous to the survival of our nation” because of their gun-control activism. And the post in February that harangued Barack Obama and Hillary Clinton for supposedly wiretapping Donald Trump — a baseless accusation indulged in only by conspiracy theorists.

 

Reading her background, she's always struggled with being available for cultism... now,  she's a conservative power broker.  

 

[Parliament 14,138]

#itsnothappening

[Surly Bevo 24,696]

3 minutes ago, Parliament said:

#itsnothappening

Obviously fake news as she actually died on the operating table and the "participation" they reference is actually a committee of Hillary Clinton, Nancy Pelosi and Rachel Maddow reading briefs and casting votes.  

[Bama Chick 28,596]

#itsnothappening

You’re gross.

Long may The High Priestess RBG reign!

[Nice Guy Eddie 13,414]

I understand the love from the left for RBG but she was selfish by not retiring in 2012 or 2013.  Obama had the Senate and could have easily replaced her with a 45-50 year old liberal judge.    

[F250 28,691]

20 minutes ago, Nice Guy Eddie said:

I understand the love from the left for RBG but she was selfish by not retiring in 2012 or 2013.  Obama had the Senate and could have easily replaced her with a 45-50 year old liberal judge.    

Well, she did smuggle out Death Star schematics for the Rebel Alliance which allowed Luke to blow up the Death Star. So I guess she can retire whenever she feels like it.

[Patrick Bateman 3,903]

Again..... Clarence Thomas' wife is a fucking nut job.  This should be concerning to every American about such a whack job having influence over the most extreme justice.

Extreme conservatism is scary shit....

Quote

Ms. Thomas was an ardent supporter of Mr. Cruz during the 2016 presidential primaries. But she shifted her support to Mr. Trump when he became the nominee and has forcefully denounced his political critics.

Others at the meeting had also opposed Mr. Trump’s candidacy at one point.

One of them, Connie Hair, was identified by Ms. Thomas’s group as a conservative columnist when the meeting was being assembled, according to the people. In reality, she is the chief of staff to Representative Louie Gohmert, Republican of Texas. During the campaign, she had posted several comments on Twitter describing Mr. Trump as unfit for office, including calling him “certifiable” and saying he would “never be elected president.”

Quote

One woman in the group argued that women should not serve in the military because they do not have the physical capacity that men do, according to the people familiar with the events.

One attendee criticized Republican congressional leaders, saying they should be “tarred and feathered,” a person briefed on the meeting said. Mr. Trump defended the Senate majority leader, Mitch McConnell of Kentucky, and the House minority leader, Kevin McCarthy of California, saying that they had held strong for nearly five weeks of a shutdown, and that it was not clear what else the attendees thought they could be doing.

 

[TwiceHorn 31,283]

Rbg survived pancreatic cancer. I think she thinks she is bulletproof or immortal. She may be right. 

[Gil Bang 25,898]

 

[CooterBrown 17,913]

Rbg survived pancreatic cancer. I think she thinks she is bulletproof or immortal. She may be right. 

This aged well.