Don't let the screen door hit you on your way out, Mr. Kennedy.

Time for the next Gorsuch, Thomas, Scalia, Alito, etc. A true 5-4 to 6-3 court would be outstanding.



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Weekly Standard
Ryan J. Owens

With Anthony Kennedy’s retirement, the chief justice will likely move into the swing seat.


Justice Anthony Kennedy announced his long-awaited retirement from the Supreme Court on Wednesday, leaving conservatives to gush with joy and liberals to wring their hands. The vacancy sets off what will be a very interesting summer.

What does the vacancy mean? Who wins and loses? What are the legal and political implications?

To begin, Chief Justice Roberts is now slated to become the most powerful chief justice in recent history. Assuming President Trump nominates a conservative in the vein of Neil Gorsuch—and we have every reason to believe he will—the new court lineup will place Chief Justice Roberts in the court’s middle. He will become the median justice, the swing vote. Because of the court’s majority vote requirement to set precedent, the median justice has considerable power and tends to set the broad limits of its decisions. Consider the court’s recent affirmative action and abortion decisions: It moved to the right only as far as Justice Kennedy, the median at the time, allowed it. After the new justice joins the court, John Roberts will sit ideologically (and literally) in the middle position. The bottom line: it’s now truly the Roberts Court.

With any luck, the Kennedy replacement might also lead to more consistent jurisprudential decisions. Reading a Kennedy opinion was often like looking into the Mirror of Erised. In the Harry Potter books, the Mirror of Erised showed people what they most wanted to see. Kennedy’s opinions sometimes lacked grounding in jurisprudential values and often left the door open to competing interpretations. His recent opinion in the Masterpiece Cakeshop case was such an opinion: “on the one hand …; on the other hand …” With a new justice, perhaps the court will write clearer opinions that provide better guidance to the public and to lower courts.

Then there is the politics of it all. The vacancy improves Republicans’ political position going into the midterms in three ways:

First, coverage of the confirmation will dominate the news cycle. Talk about the Supreme Court vacancy will cast aside discussion of the Russia investigation, or children at the border. The hearings will capture our news cycles.

Second, the vacancy allows President Trump to reconnect with the voters that largely made his election possible: people concerned about the court. Many conservatives and Republicans came out to vote for Trump, with their noses plugged, because they cared about the direction of the courts. Trump will once again be able to court (no pun intended) those voters right before the midterms.


Third, red state Democrat senators up for reelection will likely be forced to vote for or against the nominee. How will Tammy Baldwin (D-Wisconsin), Joe Donnelly (D-Indiana), Heidi Heitkamp (D-North Dakota), Joe Manchin (D-West Virginia ), Claire McCaskill (D-Missouri), Bill Nelson (D-Florida), and John Tester (D-Montana) vote? They all will face complex decisions. If they oppose the president’s nominee, they will be labeled Nancy Pelosi obstructionists. If they support the nominee, they will lose support from their bases. The president and Senate Republicans benefit politically.

Democrats have put themselves in a tough position for this nomination. They forced Republicans to kill the filibuster during the Gorsuch nomination. That move required some time on the GOP’s part, time they had then but do not have now, in order to get this done before the midterms. Democrats have little power to slow or stop the nomination. Barring a huge scandal involving the nominee (or the president), the nomination is likely to go through.

In terms of potential nominees, keep an eye on a handful of people, including: Amy Coney Barret, Brett Kavanaugh, Raymond Kethledge, and Joan Larsen.

Amy Coney Barrett is a judge on the 7th Circuit Court of Appeals. A former Scalia clerk, she is well-credentialed and a strong legal scholar. She’s a female Catholic who could help Trump make inroads with both constituencies. And Republicans might welcome a conservative female to sit on the court, where all the females are Democrat appointees.

Brett Kavanaugh is also at the top of the list. He is currently a circuit court judge for the D.C. Circuit Court of Appeals, the second-highest court in the land. Kavanaugh clerked for Justice Kennedy, which would make his nomination an interesting one. Only one other justice has taken the seat of his former justice, when Roberts took the place of Chief Justice Rehnquist. Kavanaugh previously worked as counsel to President George W. Bush. He has wide support from conservatives.

Raymond Kethledge is a circuit court of appeals judge for the 6th Circuit. He clerked for Justice Kennedy as well. He is well-known for writing solid legal opinions. The Wall Street Journal once called one of his opinions the “opinion of the year.” At this point he seems to be a sleeper candidate, but he would instantly become a conservative favorite if selected.

Finally, Joan Larsen, too, is a strong contender. A former Scalia clerk, she was a professor at the University of Michigan law school until 2015, when she became a state supreme court justice. Recently, Trump elevated her to the 6th Circuit Court of Appeals. She, too, could help Trump reach out to female voters, just as President Reagan tried to reach them with his selection of Sandra Day O’Connor. And her status as a professor could help make the case that she is “learned in the law.”

Other strong possibilities include Judge David Stras of the 8th Circuit Court of Appeals, Allison Eid of the Tenth Circuit, and Raymond Gruender of the 8th Circuit.

While it’s unclear who will get the nod, one thing is crystal clear: John Roberts just acquired more influence, and Republicans and conservatives stand to gain.

Link

quote:

Originally posted by Ackks:
The Weather Channel has issued flash flood warnings for liberal areas.

Drowning in their own piss and tears?

I'm OK with that.

it didn't take long for Schumer to start making demands

he does realize that he's not in power...

instead of making demands on procedure, Schumer should be licking the dogshit off my boots

quote:

Originally posted by JALLEN:
Weekly Standard
Ryan J. Owens

With Anthony Kennedy’s retirement, the chief justice will likely move into the swing seat.


Justice Anthony Kennedy announced his long-awaited retirement from the Supreme Court on Wednesday, leaving conservatives to gush with joy and liberals to wring their hands. The vacancy sets off what will be a very interesting summer.

What does the vacancy mean? Who wins and loses? What are the legal and political implications?

To begin, Chief Justice Roberts is now slated to become the most powerful chief justice in recent history...

Roberts screwed this country over Obamacare. I have no respect for him.



.

Was Amy Coney Barrett the one Hannity's legal panel was talking about at the end of his radio show today? If so she sounds fantastic.

quote:

Originally posted by nhtagmember:
it didn't take long for Schumer to start making demands...

Chuck's ferocious:

quote:

Originally posted by HRK:
Interesting discussion on Fox about Kennedy, it's been said that when attorney gets ready to argue a case to SCOTUS they taylor the argument to get Kennedy to decide their way, they don't argue to the others as the core of the others are already set, some are going left, some are going right and it won't matter to direct your argument at them as long as you make your base solid, the decision is ultimately coming from Kennedy...

Get Kennedy on your side and you can win...

Now that he's gone that ability to target one justice to gap the political division will be closed.

As to Ginsburg, she did say to the liberal progressives that asked her to step down during Obama so he could appoint another liberal that she would not do so for that purpose..

It was probably more to remaining in power than extending the view of the left perpetually in her replacement.

Kennedy is a swing vote on certain kinds of cases - mostly social policy stuff like gay marriage. But on many cases, he isn't any more "swing: than anyone else, and on those he votes as you expect a generally conservative Republican appointee to vote. He isn't some Supreme Court random opinion generator.

And many (even most) cases aren't particularly political. Maybe they interpret some provision in the IRS code, or make some ruling on some other relatively dry statutory point. On those, no judge is particularly more important than any other.

^^^^
Hahahahaha! That made me laugh out loud!
(The chi-wa-wa....)

quote:

Originally posted by nojoy:
Can you imagine if Roe vs Wade were to be reversed in the next couple years? Riots like we haven't seen in decades.

I will bet you any sum of money you care to name that will not happen. Any sum.

The court may allow tightening of regulation on abortion - probably will. But Roe is not overturned and send the abortion question back to the states. That ship has long sailed and isn't coming back.

quote:

Originally posted by parabellum:
Now, poor old Ruth Ginsberg is gonna have to stop by her mortician's office and get fresh shot of embalming fluid so that her corpse will remain fresh through the rest of this session.

That’s funny. She was the first thing I thought of when I heard Kennedy was retiring. She’s thinking “motherf*#ker now I can’t retire”. No way she can last until the end of Trumps term, of course I’m assuming he’ll serve a second term.

Yet another thing to be thankful that Hillary lost and Trump, not just any wimpy, I-want-people-to-like-me Republican, won.

quote:

Originally posted by TigerDore:
Roberts screwed this country over Obamacare. I have no respect for him.

Could NOT agree more!!!

quote:

Originally posted by parabellum:

quote:

Originally posted by newtoSig765:

quote:

Originally posted by gw3971:
Great. I'm glad he wants a republican president to replace him.

True, but I was hoping it would be Ginsburg, first.

I don't want her to retire. I want her to fucking die during a hearing.

BANG!! The sound of her empty fucking head hitting the desk.

The other day, a member said that this hag was "only" 85! ONLY 85!! Good grief. That's ANCIENT.

Para I have been on this forum since 2002, and that is the funniest damn thing I have read. Damn near peed myself on that one. You Sir, enjoy your evening!

quote:

Originally posted by techguy:

quote:

Originally posted by parabellum:
Now, poor old Ruth Ginsberg is gonna have to stop by her mortician's office and get fresh shot of embalming fluid so that her corpse will remain fresh through the rest of this session.

That’s funny. She was the first thing I thought of when I heard Kennedy was retiring. She’s thinking “motherf*#ker now I can’t retire”. No way she can last until the end of Trumps term, of course I’m assuming he’ll serve a second term.

I wouldn't count her out in the next 7 years. She still looks pretty healthy...

quote:

Originally posted by btanchors:
So here's my question:

Trump has many good potential picks on his list.

My question is: What is the best way to get a good conservative placed on the Supreme Court without negatively impacting the midterms?

1) Nominate and confirm immediately, and hope this doesn't energize the democrats.

2) Nominate/confirm someone immediately before the midterms, with the thinking there won't be enough time to influence the elections significantly;

3) Nominate/confirm immediately after midterms, so that the elections won't be negatively impacted, but then he faces strong criticism from the left since the Republicans stalled and prevented Obama's third pick in a similar situation.

In other words, which would be better politically - get done quickly, or later?

Strike while the iron is hot.

Do it asap.

"On the Senate floor, Senate Majority Leader Mitch McConnell vowed the chamber would vote “this fall” on Kennedy’s successor."

If Chucky and the liberal media want to delay it, then automatically the best thing is to do it asap.

Trump will make a pick, that nominee will make the rounds, meet the Senators, endure the hearings, and the vote will be held before the elections, to make sure those 10 Democrat Senators from Trump states get to make well informed, intelligent decisions about their future.

quote:

Originally posted by JALLEN:
Mike Lee is on the list, and would be entitled to what used to be known as “Senatorial courtesy” like Hillary Clinton and John Kerry were afforded in their confirmation process. That is so last administratin, though.

Just ask Jeff Sessions.

All out WAR will be declared on whomever Trump picks. Let's hope they fair better in their hearings than Sessions.

quote:

Originally posted by btanchors:
So here's my question:

Trump has many good potential picks on his list.

My question is: What is the best way to get a good conservative placed on the Supreme Court without negatively impacting the midterms?

1) Nominate and confirm immediately, and hope this doesn't energize the democrats.

2) Nominate/confirm someone immediately before the midterms, with the thinking there won't be enough time to influence the elections significantly;

3) Nominate/confirm immediately after midterms, so that the elections won't be negatively impacted, but then he faces strong criticism from the left since the Republicans stalled and prevented Obama's third pick in a similar situation.

In other words, which would be better politically - get done quickly, or later?

#3, but you get Democrats to do it for you.

Nominate someone decent and let everyone lose their minds, and watch Democrats piss off the Republican base heading right into the midterms over a candidate swing state voters could accept.

Once firm majorities are in place in the house and senate, nominate who we want.

Tuned into CNN to watch some of their meltdown.
Good news guys, Jeffrey Toobin just told us that we are going to get bazookas out of this new appointment. #NBA will now stand for the National Bazooka Association.