08-07-2005 20:57									#31
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Kos said he'd make an announcement between 10 and 11 today, and its past that now by an hour. Perhaps at some point he'll announce.

See my blog entry on it: http://www.oneandfour.org

	08-07-2005 21:04									#32
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quote: Kos said he'd make an announcement between 10 and 11 today, and its past that now by an hour.

Why the hell would you turn to Kos for anything, especially information on the plans of a conservative justice?

	08-07-2005 21:26									#33
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quote: Out of interest what conservative would you be able to hold your nose long enough to endorse? (This question can go to Boris as well) Personally, I'm hoping for a justice in the model of Scalia.

I do think Scalia is a lot better than he's made out to be. F'r instance, his dissent on Hamdi was excellent (and O'Connor's opinion was shitty). So I wouldn't really mind someone like him. Of the names bandied around, I'd say that John Roberts sounds the least objectionable.

	08-07-2005 21:26									#34
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Cause that's who Boris mentioned that started this whole thead. I did my own research though (which you'd find if you followed the link to my blog) and the Washington Post did an article on it, and apparently Robert Novak also said yesterday that Rehenquist would be out by the end of this week.

	08-07-2005 21:29									#35
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quote: Originally posted by Ramo I do think Scalia is a lot better than he's made out to be. F'r instance, his dissent on Hamdi was excellent (and O'Connor's opinion was shitty). So I wouldn't really mind someone like him. Of the names bandied around, I'd say that John Roberts sounds the least objectionable.

Hmm, let see. An American citizen who gets caught in afghanistan is treated as an unlawful combatant, or you cant get a third trimester abortion in Nebraska?

	08-07-2005 21:30									#36
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quote: Originally posted by Ramo I do think Scalia is a lot better than he's made out to be. F'r instance, his dissent on Hamdi was excellent (and O'Connor's opinion was shitty). So I wouldn't really mind someone like him. Of the names bandied around, I'd say that John Roberts sounds the least objectionable.

I'm not so sure on Scalia anymore. Especially after ruling for the federal government in the medical marijuana case recently that cut quite squarely against his track record of state's rights support. This wasn't really an issue about drugs, but an issue of state's rights and he favored the federal government, and even quoted the Commerce Clause to support his case.

Thomas called him out almost by name with a scathing dissent in that case.

	08-07-2005 21:32									#37
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Regardless of the particular person, I prefer the principle of innocent until proven guilty, rather than the converse.

And again, the pro-choice majority in PP v. Casey stands even without O'Connor (as long as Kennedy doesn't switch sides) due to Ginsburg's appointment, replacing White.

The critical area that the Senate Democrats need to defend is criminal justice.

Last edited by Ramo on 08-07-2005 at 21:49

	08-07-2005 21:33									#38
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Say goodbye to Roe v Wade.

	08-07-2005 21:36									#39
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quote: Originally posted by chegitz guevara Say goodbye to Roe v Wade.

	08-07-2005 21:38									#40
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quote: I'm not so sure on Scalia anymore. Especially after ruling for the federal government in the medical marijuana case recently that cut quite squarely against his track record of state's rights support. This wasn't really an issue about drugs, but an issue of state's rights and he favored the federal government, and even quoted the Commerce Clause to support his case. Thomas called him out almost by name with a scathing dissent in that case.

True, that was a crappy decison, but Thomas still gets on my nerves much more than Scalia. As in the Hamdi case, for instance.

	08-07-2005 21:38									#41
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quote: Originally posted by chegitz guevara Say goodbye to Roe v Wade.

Doubtful if only for practical reasons. No matter how desireable it might be. There are a few cases I'd like to see reversed first anyway.

	08-07-2005 22:09									#42
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quote: Originally posted by DinoDoc No matter how desireable it might be.

Why is it desireable?

	08-07-2005 22:11									#43
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It was poorly decided and needlessly poisoned the abortion debate.

	08-07-2005 22:55									#44
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quote: Originally posted by Drake Tungsten Why the hell would you turn to Kos for anything, especially information on the plans of a conservative justice?

Interestingly enough, O'connor's resignation was reported on Kos more than an hour before Drudge had anything, and well before any mainstream news outlet had anything.

	08-07-2005 23:07									#45
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quote: Originally posted by Boris Godunov Hmmm, that gave the amusing thought of the Senators having a musical rumble a la West Side Story. Harry Reid as Riff and Bill Frist as Bernardo. But who would be Tony? Russ Feingold?

Is Boris understudying for the role of Will or Jack ?

	08-07-2005 23:25									#46
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quote: Originally posted by DinoDoc It was poorly decided and needlessly poisoned the abortion debate.

So instead of overturning it, couldn't they reaffirm it with better reasoning? The right to abortion is a good thing, even if it's based on poor reasoning.

	09-07-2005 02:44									#47
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quote: Originally posted by Drake Tungsten quote: Kos said he'd make an announcement between 10 and 11 today, and its past that now by an hour. Why the hell would you turn to Kos for anything, especially information on the plans of a conservative justice?

Kos got the information from other sources, you know. Most notably Robert Novak. As I said in the first post, Kos was just relaying the Washington "buzz."

Kos was also the first to scoop the O'Connor resignation. It has a pretty good track record on such things. But it's good to see your bias won't get in the way of your making a fool of yourself.

	09-07-2005 03:18									#48
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quote: Generally, when the constitution/law says one thing, and they do something else.

The problem is in determining what the Constitution or law says . Sometimes reading textually and reading intent will lead you in different directions among other problems (such as vagueness of provisions).

Interestingly, I read something where the conservative members of the Supreme Court were FAR more likely to vote to strike down a law than the liberal members... and that is another defintion of activist .

As for Roe, I don't think it'll be overturned. If there are two vacancies, I see Bush appointing (successfully) someone like McConnell, who disagrees with it, but will not go against the precedent.

A Democrat friend of mine wants to see it get struck down, because she believes the Republicans will never win a national election in her lifetime after that vote.

	09-07-2005 03:55									#49
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quote: Originally posted by chegitz guevara So instead of overturning it, couldn't they reaffirm it with better reasoning? The right to abortion is a good thing, even if it's based on poor reasoning.

Of course if Roe v. Wade were overturned it wouldn't immediately outlaw abortion nationwide. It'll just permit states to decide the issue individually.

	09-07-2005 04:23									#50
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quote: Originally posted by chegitz guevara So instead of overturning it, couldn't they reaffirm it with better reasoning? The right to abortion is a good thing, even if it's based on poor reasoning.

The only reasoning there is for abortion rights is a right to privacy or a 'penumbra' of rights flowing from the Bill of Rights.

Some states have a right to privacy, so, of course, they'd have to keep the right to abortion after a potential overrulling of it. The other states would have to make a decision.

	09-07-2005 05:31									#51
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You don't need to have a specifically identified right to privacy (imho) to have a right to an abortion (assuming the courts or legislatures ignore the rights of the fetus). The Ninth Amendment should be all that is required.

But *sigh* I know the courts never use that one, and go looking in other amendments to try and find evidence of some new right they can create instead of recognizing the fact that ALL rights exist and are protected unless otherwise noted. That is another faulty thing about Roe v. Wade. They should have just based it more strongly on Amendment 9. (acknowledging the rights of the fetus would have made the decision better too, heh)

	09-07-2005 05:56									#52
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quote: instead of recognizing the fact that ALL rights exist and are protected unless otherwise noted.

Yeah, because when the court recognizes a 'right to healthcare' all Hell would break loose .

That's the problem with the 9th Amendment. Which rights and based on what time period?

However, a number of legal scholars seem to argue that the 9th Amendment was to assauge fears from states that the delimitation of rights within a Bill of Rights would mean those would be the exhaustive Rights throughout the republic, meaning that State granting of rights would be deemed invalid (the 10th only deals with powers, not rights which may have been granted previous).

This fits with the Supreme Court jurisprudence, where the 9th Amendment was FIRST referenced in Griswold v. Connecticut, in the 1960s.

There is also an corrollary argument that the 9th Amendment is to remind Congress that they are subject to very limited powers (similar to what I've stated above). James Madison addressed the 9th Amendment to Congress by stating:

"It has been objected also against a bill of rights, that, by enumerating particular exceptions to the grant of power, it would disparage those rights which were not placed in that enumeration; and it might follow by implication, that those rights which were not singled out, were intended to be assigned into the hands of the General Government, and were consequently insecure. This is one of the most plausible arguments I have ever heard against the admission of a bill of rights into this system; but, I conceive, that it may be guarded against. I have attempted it, as gentlemen may see by turning to the last clause of the fourth resolution."

It was to prevent people from thinking those rights not assigned where under Congress' power to legislate at will.

	15-07-2005 14:14									#53
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So has Rehnquist retired yet? Or was Kos as accurate as he usually is?

	15-07-2005 16:29									#54
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Rehnquist has said that he isnt retiring.

	15-07-2005 16:31									#55
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He's probably waiting for O'Connor's successor to get through. There's no way he'll last much longer on the job anyway.

	15-07-2005 16:34									#56
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He has no reason to do that, since O'Connor isn't stepping down until a replacement is confirmed.

I think he still wants to be the longest serving CJ.

	15-07-2005 16:36									#57
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quote: Originally posted by Ramo He has no reason to do that, since O'Connor isn't stepping down until a replacement is confirmed.

You mean except for not presenting the Senate with two simulaneous nomination battles?

	15-07-2005 16:38									#58
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Why would he care? If anything, simultaneous nomination battles would facilitate a compromise, and thus avoid the filibuster.

	15-07-2005 16:40									#59
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quote: Originally posted by Ramo Why would he care?

Because he wants the thing to proceed smoothly? Because he only wants so much controversy over the court at a time?

	15-07-2005 16:40									#60
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You noticed there was a second sentence, right?