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I believe in the
principle of
Due Process
Picture of JALLEN
posted Hide Post
quote:
Originally posted by clipper1:
The sixth paragraph of Stephan Hessler's Memo posted by JAllen refers to a judge as 'her'?

“the judge who succeeds in that task thereby does her part to maintain our constitutional separation of powers.”
Is it some idiosyncrancy in the legal world to refer to judges as 'her'?


The quoted line is by Judge Kethledge in a law review article..

quote:
As [Kethledge] explained in a recent law review article, a judge’s task is to unearth “the meaning that the citizens bound by the law would have ascribed to it at the time it was approved.” Accordingly, “the judge who succeeds in that task thereby does her part to maintain our constitutional separation of powers.”




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
Member
posted Hide Post
I didn't say who the quote was by, JAllen. I just stated that the quote was in the sixth paragraph.
 
Posts: 549 | Location: Ocala, FL | Registered: October 09, 2011Reply With QuoteReport This Post
I believe in the
principle of
Due Process
Picture of JALLEN
posted Hide Post
quote:
Originally posted by clipper1:
I didn't say who the quote was by, JAllen. I just stated that the quote was in the sixth paragraph.


I noticed that. I was hoping that pointing out the source would help you.

Without reference to the law review article itself, we are unable to delve further. The soul of legal writing is the precise use of language, and Kethledge is being advanced as superior among legal writers, so I would think there is a good chance that the context of the law review article would clarify his meaning.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
Nullus Anxietas
Picture of ensigmatic
posted Hide Post
The more I read about Judge Kethledge the more I like him.



"America is at that awkward stage. It's too late to work within the system,,,, but too early to shoot the bastards." -- Claire Wolfe
"If we let things terrify us, life will not be worth living." -- Seneca the Younger, Roman Stoic philosopher
 
Posts: 26031 | Location: S.E. Michigan | Registered: January 06, 2008Reply With QuoteReport This Post
SAC trained killer
Picture of Ricardokid11
posted Hide Post
Barrett and Kavanaugh.




" May I always be the kind of person my dog thinks I am".



 
Posts: 2083 | Location: Glen Allen, VA. | Registered: July 13, 2009Reply With QuoteReport This Post
Nature is full of
magnificent creatures
posted Hide Post
I voted for Barrett, but the photo posted on the last says more than anything else I've seen regarding the aforementioned candidates and the 2nd Amendment. I'm going to be happy if he gets the nod.
 
Posts: 6273 | Registered: March 24, 2008Reply With QuoteReport This Post
Big Stack
posted Hide Post
I'd go for Barrett. She seems perfectly acceptable, and the fact that she's a women would tie the Dems up in knots.
 
Posts: 21240 | Registered: November 05, 2003Reply With QuoteReport This Post
10mm is The
Boom of Doom
Picture of Fenris
posted Hide Post
quote:
Originally posted by BBMW:
I'd go for Barrett. She seems perfectly acceptable, and the fact that she's a women would tie the Dems up in knots.

FantasyJustice has her winning by better than 2 to 1 over her closest competitor, Kethledge.

I just pray we don't get snookered by another Souter.




God Bless and Protect the Once and Future President, Donald John Trump.
 
Posts: 17607 | Location: Northern Virginia | Registered: November 08, 2008Reply With QuoteReport This Post
I believe in the
principle of
Due Process
Picture of JALLEN
posted Hide Post
Fantasy Justice!

When reality just doesn’t cut it anymore.

Who needs prayer when you have fantasies.




Luckily, I have enough willpower to control the driving ambition that rages within me.

When you had the votes, we did things your way. Now, we have the votes and you will be doing things our way. This lesson in political reality from Lyndon B. Johnson

"Some things are apparent. Where government moves in, community retreats, civil society disintegrates and our ability to control our own destiny atrophies. The result is: families under siege; war in the streets; unapologetic expropriation of property; the precipitous decline of the rule of law; the rapid rise of corruption; the loss of civility and the triumph of deceit. The result is a debased, debauched culture which finds moral depravity entertaining and virtue contemptible." - Justice Janice Rogers Brown
 
Posts: 48369 | Location: Texas hill country | Registered: July 04, 2005Reply With QuoteReport This Post
Big Stack
posted Hide Post
That's the problem with lifetime appointment, he makes his choice then we take our chances.

quote:
Originally posted by Fenris:
quote:
Originally posted by BBMW:
I'd go for Barrett. She seems perfectly acceptable, and the fact that she's a women would tie the Dems up in knots.

FantasyJustice has her winning by better than 2 to 1 over her closest competitor, Kethledge.

I just pray we don't get snookered by another Souter.
 
Posts: 21240 | Registered: November 05, 2003Reply With QuoteReport This Post
10mm is The
Boom of Doom
Picture of Fenris
posted Hide Post
quote:
Originally posted by JALLEN:
Fantasy Justice!

When reality just doesn’t cut it anymore.

Who needs prayer when you have fantasies.

Nothing wrong with having both.

I pray that my fantasy will come true that my prayers are answered.




God Bless and Protect the Once and Future President, Donald John Trump.
 
Posts: 17607 | Location: Northern Virginia | Registered: November 08, 2008Reply With QuoteReport This Post
Big Stack
posted Hide Post
It's probably better than rotisserie justice.

quote:
Originally posted by JALLEN:
Fantasy Justice!

When reality just doesn’t cut it anymore.

Who needs prayer when you have fantasies.
 
Posts: 21240 | Registered: November 05, 2003Reply With QuoteReport This Post
Staring back
from the abyss
Picture of Gustofer
posted Hide Post
quote:
Originally posted by Ricardokid11:
...Kavanaugh.

I don't want anyone associated with the Bush family sitting on the Supreme Court.

Call him conservative all day long, but his record of being an insider with that family is clear.


________________________________________________________
"Great danger lies in the notion that we can reason with evil." Doug Patton.
 
Posts: 20998 | Location: Montana | Registered: November 01, 2010Reply With QuoteReport This Post
Info Guru
Picture of BamaJeepster
posted Hide Post



“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”
- John Adams
 
Posts: 29408 | Location: In the red hinterlands of Deep Blue VA | Registered: June 29, 2001Reply With QuoteReport This Post
Member
posted Hide Post
I hope President Trump listens to his instinct instead of McConnell.


_________________________
"Sometimes I wonder whether the world is being run by smart people who are putting us on or by imbeciles who really mean it."
Mark Twain
 
Posts: 13476 | Registered: January 17, 2011Reply With QuoteReport This Post
Info Guru
Picture of BamaJeepster
posted Hide Post
New York Times editorial board calls for violence in opposing SCOTUS choice.




“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”
- John Adams
 
Posts: 29408 | Location: In the red hinterlands of Deep Blue VA | Registered: June 29, 2001Reply With QuoteReport This Post
Member
posted Hide Post
Hardimann sounds like the right type overall:
Thomas Hardiman, possible Supreme Court nominee, seen as ‘Second Amendment extremist’.

I would be very concerned that a woman would go soft on the Second Amendment over time. Also we need someone with a track record, which is more reliable than words or a promise.

https://www.washingtonpost.com...m_term=.103e9c978775

In the wake of mass shootings that have divided the country on the issue of gun control, President Trump is considering nominating to the Supreme Court an appellate judge who has argued that Americans have a constitutional right not only to keep guns at home — as the high court has ruled — but also to carry them in public.

U.S. Appeals Court Judge Thomas M. Hardiman has also written that convicted criminals, including some felons, should be able to recover their right to own and carry guns, as long as their crimes were not violent.

Constitutional-law scholars and advocates on both sides of the gun debate say that Hardiman — who sits on the U.S. Court of Appeals for the Philadelphia-based 3rd Circuit and maintains chambers in Pittsburgh — holds a more expansive view of the Second Amendment than the Supreme Court has articulated to date. His nomination and confirmation would push the court to the right, they say, making it more likely that justices would agree to hear cases challenging gun laws — and perhaps to strike them down.

Adam Winkler, a law professor at the University of California at Los Angeles who has written extensively about gun laws, said that if Hardiman’s views were law, gun restrictions in states such as California, New York and New Jersey would be struck down, potentially leading to a vast expansion in legal gun ownership.

[Amy Coney Barrett, possible Supreme Court nominee, has backed ‘flexible’ approach to court precedent]

“He believes the government has very little leeway in regulating guns. He thinks the only types of gun-control laws that are constitutionally permissible are ones that existed at the founding,” said Winkler, author of “Gunfight: The Battle Over the Right to Bear Arms in America.” He described Hardiman as a “Second Amendment extremist.”

Hardiman has said he is fulfilling his duty as a federal judge to apply the Constitution, regardless of his policy preferences or principles. “No matter how laudable the end, the Supreme Court has long made clear that the Constitution disables the government from employing certain means to prevent, deter or detect violent crime,” he wrote in a 2013 dissent.

Hardiman, 52, joined the federal bench after being nominated by George W. Bush in 2003. Three years later, he was confirmed to the appeals court. In 2017, he was one of two finalists to fill the seat that had belonged to Justice Antonin Scalia. Trump ultimately chose Neil M. Gorsuch.

But now Hardiman — who, according to Politico, has been endorsed by his colleague on the 3rd Circuit — and the president’s sister — Judge Maryanne Trump Barry, is said to again be among a handful of judges who have made Trump’s short­list, a possibility that has alarmed gun-control advocates.
The WaPo article continues for many more paragraphs.


-c1steve
 
Posts: 4148 | Location: West coast | Registered: March 31, 2012Reply With QuoteReport This Post
Member
Picture of grumpy1
posted Hide Post
quote:
Originally posted by BamaJeepster:


I like Kavanaugh and Hardiman as both appear strong on the Second Amendment. It is good to hear that McConnell likes Hardiman's chances and Ketheridge seems good on the Second Amendment too but does not have the record of Hardiman and Kavanaugh. I am not a fan of McConnell at all but he did well delaying the replacement of Scalia and then getting Gorsuch confirmed. He does have the insight on the senate about this matter. Getting President Trump's first choice confirmed and in a fairly timely manner would be nice to see.
 
Posts: 9927 | Location: Northern Illinois | Registered: March 20, 2009Reply With QuoteReport This Post
Nullus Anxietas
Picture of ensigmatic
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As of this morning, Fantasy SCOTUS stats still has the top four rumoured contenders at:

Barrett: 27%
Kethledge: 12%
Kavanaugh: 9%
Hardiman: 3%

Pretty much unchanged, other than Barrett up by 1%, in the last three days.

PredictIt: Who will be Trump's next Supreme Court nominee? seems much more on top of things, predicting Kethledge, Barrett, Kavanaugh and Hardiman, in that order.

However, current (?) betting odds appear to favour Barrett, Kavanaugh, Hardiman, Kethledge, in that order.



"America is at that awkward stage. It's too late to work within the system,,,, but too early to shoot the bastards." -- Claire Wolfe
"If we let things terrify us, life will not be worth living." -- Seneca the Younger, Roman Stoic philosopher
 
Posts: 26031 | Location: S.E. Michigan | Registered: January 06, 2008Reply With QuoteReport This Post
Info Guru
Picture of BamaJeepster
posted Hide Post
The day is nigh upon us.

After reading the prognosticators and such I am going to go out on a limb and place my bet on:

Kavanaugh



“Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passions, they cannot alter the state of facts and evidence.”
- John Adams
 
Posts: 29408 | Location: In the red hinterlands of Deep Blue VA | Registered: June 29, 2001Reply With QuoteReport This Post
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