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Thread: Justice Scalia dead

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    Kagan wasn't a judge either.
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    Quote Originally Posted by The Don View Post
    Kagan wasn't a judge either.
    Kagan knew constitional law.
    thank you weso1!

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    Pubs need to think long and hard about what they want to do here. It might be best for them in the long run to confirm a reasonable Obama appointee.
    thank you weso1!

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    Quote Originally Posted by BedellBrave View Post
    I still am having a hard time getting y'all's reserve about Lynch. She's not, from what i can tell, a liberal firebrand. Her years of being a prosecutor should inoculate her fairly well from that charge. She's already received one confirmation. She's relatively young. That she is an woman and a African American woman seem not to be a knock on her but plusses. What R politician is really going to push an "Obama doesn't care about white America" line of attack against her? Dang, I can't even see Trump doing that.

    Also, why wouldn't Obama make the political points? Would seem to be an exceedingly beneficial move for himself and the Ds, imho.
    I don't think she's a liberal firebrand either, but the Right has been making noise since Obama was first elected with the meme that he doesn't care about white people and if Obama nominates Lynch in the middle of a campaign, it just gives knuckleheads like Cruz more fodder for their ill-conceived rhetoric and just juices up an already toxic political environment.

    Like him or not, I think Obama (and I will say this about W. as well) is a principled guy and it will be interesting to see what he does here. We'll see if he cares about macro-political calculations or wants to make a statement consistent with his beliefs.

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    Quote Originally Posted by weso1 View Post
    Kagan knew constitional law.
    what does that mean?
    The best way to stop a bad guy with a gun is to make sure he doesn’t get a gun.

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    Quote Originally Posted by 50PoundHead View Post
    I don't think she's a liberal firebrand either, but the Right has been making noise since Obama was first elected with the meme that he doesn't care about white people and if Obama nominates Lynch in the middle of a campaign, it just gives knuckleheads like Cruz more fodder for their ill-conceived rhetoric and just juices up an already toxic political environment.

    Like him or not, I think Obama (and I will say this about W. as well) is a principled guy and it will be interesting to see what he does here. We'll see if he cares about macro-political calculations or wants to make a statement consistent with his beliefs.

    I just think that charge that Cruz or others would play the "Obama doesn't care about white people" card is wrongheaded. They'd use something else - maybe like she's beholding to banks or what have you.

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    Quote Originally Posted by 57Brave View Post
    what does that mean?
    One of her areas of expertise was law as it relates to state and federal constitions. I thought both of Obama's appointees were reasonably qualified. This is just for me personally, but I believe any supreme court nominee should have a strong understanding of the consitution. How they interpret it is what it is, but I want someone who has studied it and written papers on it or argued cases using it, etc.

    I think it's a reasonable position considering the importance of the job and the description of the job.
    thank you weso1!

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    Quote Originally Posted by weso1 View Post
    Pubs need to think long and hard about what they want to do here. It might be best for them in the long run to confirm a reasonable Obama appointee.

    I think so too. Especially if they've actually got a chance to win the election. Because, I'd anticipate at least one slot to open up in the next year or so anyway. Also, I'd think Kennedy would see his role being somewhat different if the court lurches to the left too quickly.

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    Quote Originally Posted by BedellBrave View Post
    I just think that charge that Cruz or others would play the "Obama doesn't care about white people" card is wrongheaded. They'd use something else - maybe like she's beholding to banks or what have you.
    It IS wrongheaded, but since when did that stop people from making that charge. Glenn Beck started that chant and it hasn't subsided in some hard right corners of the electorate.

  12. #110
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    Quote Originally Posted by BedellBrave View Post
    I just think that charge that Cruz or others would play the "Obama doesn't care about white people" card is wrongheaded. They'd use something else - maybe like she's beholding to banks or what have you.
    Reputable people won't do it from the lectern (though less reputable ones might . . . remember Palin's "Real America" schtick in 08?) but that doesn't mean it won't happen.

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    Less reputable people say and do all manner of things - all across the spectrum.

  14. #112
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    Quote Originally Posted by weso1 View Post
    One of her areas of expertise was law as it relates to state and federal constitions. I thought both of Obama's appointees were reasonably qualified. This is just for me personally, but I believe any supreme court nominee should have a strong understanding of the consitution. How they interpret it is what it is, but I want someone who has studied it and written papers on it or argued cases using it, etc.

    I think it's a reasonable position considering the importance of the job and the description of the job.
    So do you feel Elizabeth Warren qualifies since she taught Constitutional Law like Obama?
    Forever Fredi


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    Next judge will have to be African American. Fauxcohontas is too white and too old.

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    Quote Originally Posted by The Don View Post
    So do you feel Elizabeth Warren qualifies since she taught Constitutional Law like Obama?
    My understanding is that Warren's area of expertise is in commercial and bankruptcy law. It's possible that I didn't notice that she had significant studies in constitutional law. If she did then I would say that she would be qualified.
    thank you weso1!

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    Quote Originally Posted by BedellBrave View Post
    And I'd have the same sentiment for RBG. Feel very sorry though for her and Kagan. Sounds like they both had strong friendships with Nino.
    My issues with Scalia actually have a lot less to do with his leanings on the US political spectrum and a lot more to do with his fundamental hermeneutics. Even if he had used the same methods of text-interpretation to argue progressive ends, I'd have disputed the methods (even if I approved the ends). I just don't condone treating documents as he did: monolithic, moribund, with no openness to new meanings.

    That said, your note re Ginsburg does illustrate that we shouldn't treat people monolithically, either. He was someone with whom a staunch ideological opposite could sit down to an opera—and, given the gulf between their interpretive strategies, I would've loved to listen to them argue the finer points of Verdi.
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  22. #117
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    [MENTION=108]jpx7[/MENTION]

    I think I'm somewhere in between you and he on the hermeneutical issue. I do think we must seriously seek to understand a document in it's historical context (it can't be a total wax nose or it's nonsense - a problem I see with pomo hermeneutics) yet there can be (should be?) applications to contemporary issues or we do just have a museum. Anyhoo...

    Or Puccini (after all, he can lay down a tune). Just no Wagner. :-)

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    Great read on when Scalia sided with the liberals. Link

  24. #119
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    I can't wait to hear Obamas eulogy at Scalias funeral on Sunday.

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    Quote Originally Posted by Krgrecw View Post
    I can't wait to hear Obamas eulogy at Scalias funeral on Sunday.
    Good call.

    POTOS not even attending.

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