dubeskin
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Wed Nov-05-08 11:17 PM
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Regarding the Supreme Court Appointee |
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I was trying to figure out some people who could potentially fit, as well as what Obama might go for. But then I had this thought: what if we were able to get in someone who was fairly young but who would be guaranteed to vote very liberally?
Which leads me to the question: would it be better to nominate someone in their early years (less than 35) who has shown outstanding liberal stance records, and who could be counted on to nearly always vote that way, or an older appointee (40-60) who would spend less time on the bench, but may be more experience, but likewise may be more prone to going against a liberal stance.
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Idealism
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Wed Nov-05-08 11:23 PM
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1. no matter who he nominates |
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there will be problems getting them accepted by Congress. it will be much harder if they are deemed 'too inexperianced' which will be associated with a younger liberal minded judge :/
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THUNDER HANDS
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Wed Nov-05-08 11:25 PM
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because thomas, scalia and roberts are very young.
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Ms. Toad
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Wed Nov-05-08 11:32 PM
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I was not a fan of Hillary, the candidate - or Hillary, the politician. She is too much of a political beast and bends whichever way the wind blows her.
The beauty of the Supreme Court is that there are no political winds. Once elected, you are there for life. I trust her far more when her positions are not dependent on gaining someone's vote, and believe she would make an excellent and reliable addition to the court.
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-..__...
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Wed Nov-05-08 11:39 PM
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5. Other tha a law degree... |
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Edited on Thu Nov-06-08 12:12 AM by D__S
what qualifications does she have?
(Edit - grammar/spellng correction)
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Ms. Toad
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Wed Nov-05-08 11:51 PM
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Being an appellate judge is a very academic/inellectual position. A law degree, legal research ability, a sharp mind, and the ability to reason through both sides of an issue are the most important qualities. I believe she has those.
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-..__...
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Thu Nov-06-08 12:02 AM
Response to Reply #9 |
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Edited on Thu Nov-06-08 12:07 AM by D__S
it would be an affront and insult to those whom have spent the better part of their lives serving on the bench.
An appointment to the SCOTUS is the highest honor a judicial person can earn.
To the best of my knowledge, experience with previous judicial rulings have always been a criteria for appointments.
Clinton has neither of those and I highly suspect that the other 8 justices would hold her and her opinions in low esteem if she were appointed... they earned their positions, she didn't.
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Ms. Toad
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Thu Nov-06-08 12:15 AM
Response to Reply #12 |
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William Rehnquist, Lewis Powell, Abe Fortas, Byron White, Arthur Goldberg, Earl Warren, Tom Clark, Harold Burton, Robert Jackson, James Francis Byrnes, William O. Douglas, and Felix Frankfurter - to name a few who were appointed in my lifetime without prior judicial experience (two of whom came from the Senate)
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TBF
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Wed Nov-05-08 11:41 PM
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6. At least we know Hillary would protect Roe. n/t |
-..__...
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Wed Nov-05-08 11:36 PM
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4. You're falling into the trap. |
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The personal political beliefs (Liberal or Conservative), of the justices should not sway their rulings or opinions (hence the problem with "activist" judges).
Any SCOTUS nominee needs to put aside ideology and be guided by the intent and spirit of the Constitution and Bill of Rights even if it conflicts with his or hers beliefs.
I'm no more willing to compromise my 2nd and 4th amendment rights, nor 1st and 5th because a Liberal or Conservative court has a bug up their ass.
I know that's not the reality of things, but...
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Ms. Toad
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Wed Nov-05-08 11:58 PM
Response to Reply #4 |
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Edited on Thu Nov-06-08 12:04 AM by Ms. Toad
there are many times that the law can equally support two different outcomes. In those instances, judicial temperament - including to some extent ideology will play a role to achieve the equitable result.
(Although when the law is clear, you are correct - ideology needs to be set aside.)
As an aside, other than cases which wind up his personal clock to this point he is unable to set his personal feelings aside, Scalia has a very good legal mind. Reading some of his opinions, I actually find myself amazed to be in agreement with his legal analysis (I rarely like it, but the analysis is solid) - but then I read something like his dissent in Lawrence v. Texas where he is clearly on another planet...
(edited to add the comment about Scalia)
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Idealism
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Thu Nov-06-08 12:02 AM
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The Supreme Court is above political affiliations, and in the past they have shown to break with their own past ideology on several landmark cases. Justice Clarence Thomas, the second black man ever on the court, made many more conservative leaning conclusions than liberal, much to the dismay of the Democrats. Justice Hugo Black, a much revered civil rights activist in the history of the court, was in his youth a member of the KKK and later on a Republican. He was called a champion of the civil rights movement. When Eisenhower appointed Republican Governor of California Earl Warren to Chief Justice, he assumed it would begin a new era of conservative rule. He was dead wrong, and the Warren Court went on the be one of the most progressive years in the history of our legal system (and its worth noting I believe Obama has said the Warren Court to be his personally favorite in their views on issues)
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johnfunk
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Wed Nov-05-08 11:47 PM
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7. Lawrence Tribe. John Lewis. Hillary Clinton. David Iglesias. |
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And if we can flip a few R senators to D (Snowe? Maybe one or two more?), the filibuster-proof majority can expand the size of the Supremos from 9 to 13 or so, thereby nullifying so-called "Federalism" and tipping the apple cart on the packed appellate courts.
Getting the filibuster-proof majority after the election should be Reid's top goal.
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Political Tiger
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Wed Nov-05-08 11:50 PM
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The most important thing Obama can do is nominate people who not only understand the importance of separation of church and state but are also able to separate their personal religious views from their job.
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nadinbrzezinski
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Thu Nov-06-08 12:00 AM
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11. Sorry but the best we can do is hope |
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until they take their seats you cannot precit this 100%, and sometimes they still surprise you
Lawrence Tribe sounds like a good fit, or a variety of people with International Law knowledge as well
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ACTION BASTARD
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Thu Nov-06-08 12:42 AM
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She would make the followers of Satan go into total meltdown.
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ibegurpard
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Thu Nov-06-08 12:48 AM
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16. What Supreme Court nominee? |
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Is there a conservative on their deathbed ready to retire? The oldest members I can think of are moderates and liberals. Makeup will remain unchanged.
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DU
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Fri Apr 26th 2024, 06:58 PM
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