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-   -   RIP RBG and possibly the American Justice system (http://forums.operationsports.com/fofc//showthread.php?t=96987)

Lathum 09-18-2020 06:42 PM

RIP RBG and possibly the American Justice system
 
https://www.cnn.com/2020/09/18/polit...8T23%3A40%3A51

Galaril 09-18-2020 06:47 PM

Oh fucking shit no. I am not sure how they do it but D’s need to hold off any Trump appointees now matter what has to be done. RIP Justice Ginsburg.

Atocep 09-18-2020 06:48 PM

Absolutely awful. And the GOP will be celebrating this as an opportunity to overturn Roe v Wade.

ISiddiqui 09-18-2020 06:52 PM

This is going to be bad. McConnell has 3 months to ram it through. To be honest, she should have resigned during Obama's first two years (when he had 60 Senators).

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Kodos 09-18-2020 06:52 PM

Fuck. Fuck you, 2020.

PilotMan 09-18-2020 06:56 PM

If they do, the D's will PACK the court with 15 justices. Fuck this. The SC was the entire outcome of the 2016 election, and all the fuckers who couldn't see that through everything in 2016 else fucked this country over totally and completely.

Izulde 09-18-2020 06:57 PM

And the hypocrite Turtle won't hesitate to confirm someone, unlike last time. This might be the final death knell of the country.

JPhillips 09-18-2020 06:58 PM

Dems will complain. McConnell will fill the seat. Dems will say they did their best. Biden will urge us to move forward and respect the court's legitimacy. The Court will strike down the ACA 5-4. And welcome to the return of Lochner.

Kodos 09-18-2020 07:00 PM

R.I.P. to a great woman in U.S. history.

tarcone 09-18-2020 07:03 PM

Sad to see.

One more nail in the coffin. Division your name is 2020.

Warhammer 09-18-2020 07:08 PM

All those losing their minds, take solace in that there have been far more justices that have swung more liberal than expected vs the other way around in the recent past.

PilotMan 09-18-2020 07:11 PM

Honestly, if all this comes to pass that we fear, it will drive me further toward some ideas and concepts for revolution aren't such bad ideas, and that isn't a good place to be.

RainMaker 09-18-2020 07:12 PM

I think social issues won't change a ton. The people paying for the justices only care about the financial and business stuff. The social stuff is just a wedge issue for dumb voters. If anything I think they would like to keep that carrot dangling.

molson 09-18-2020 07:12 PM

It's been said, but it's sad how much national significance there is to whether an 87-year old with pancreatic cancer can survive another few months.

Politics aside, I've always been a fan of the idea of a bigger court. I liked Buttigieg's 15-justice plan. All of the federal circuits, and many state appellate courts, have more appellate judges than sit on any one particular case. I always preferred that. I've argued at the 9th Circuit court of appeals, and state appellate courts, and having there be a bit of mystery as to who's on your panel just makes everything feel more genuine somehow. You're not just writing and preparing and arguing to appeal to individual people.

tarcone 09-18-2020 07:15 PM

The only solace I take is that I trust these people on the court take their job seriously and professionally. They do not play party politics and do what is best for our country.

Jas_lov 09-18-2020 07:16 PM

Are there any Republicans that will say just wait until the winner of the 2020 election is inaugurated in Jan to fill the seat? Romney, Collins, Murkowski? Grassley said he wouldn't consider one in 2020 but I fully expect him to fall in line with the rest to get to 50.

RainMaker 09-18-2020 07:18 PM

Quote:

Originally Posted by tarcone (Post 3301821)
The only solace I take is that I trust these people on the court take their job seriously and professionally. They do not play party politics and do what is best for our country.


lol

Kodos 09-18-2020 07:22 PM

Bush v. Gore comes to mind...

Atocep 09-18-2020 07:23 PM

Quote:

Originally Posted by Jas_lov (Post 3301822)
Are there any Republicans that will say just wait until the winner of the 2020 election is inaugurated in Jan to fill the seat? Romney, Collins, Murkowski? Grassley said he wouldn't consider one in 2020 but I fully expect him to fall in line with the rest to get to 50.


I'd be surprised. Collins is looking like toast in Maine and this will make her Kavanaugh confirmation look worse to voters, but she tends to fall in line when pushed. Romney isn't a fan of Trump, but he is a big believer in conservative ideals and probably see's this as a chance to keep conservative ideals going for the next couple decades.

Edit: I do think if Mitch can't get this done before the election and Biden wins it get much more difficult for him to get a justice pushed through.

Galaril 09-18-2020 07:27 PM

Quote:

Originally Posted by PilotMan (Post 3301818)
Honestly, if all this comes to pass that we fear, it will drive me further toward some ideas and concepts for revolution aren't such bad ideas, and that isn't a good place to be.


Yes agreed

Galaril 09-18-2020 07:34 PM

I just saw the list Trump had released last week for potential SC Justice replacements on it is Ted Cruz, Josh Harley, Tom Cotton.

RainMaker 09-18-2020 07:40 PM

Pretty simple solution. If McConnell doesn't stand by his stance, Democrats will add 2 justices after the election.

JonInMiddleGA 09-18-2020 07:44 PM

Quote:

Originally Posted by Jas_lov (Post 3301822)
Are there any Republicans that will say just wait until the winner of the 2020 election is inaugurated in Jan to fill the seat? Romney, Collins, Murkowski? Grassley said he wouldn't consider one in 2020 but I fully expect him to fall in line with the rest to get to 50.


Murkowski - who isn't worth a damn for anything anyway - already did.

JPhillips 09-18-2020 07:45 PM

I like the idea of term limits so that every 4 year Presidential term has the same number of court appointments. If not that, then greatly increase the number of seats. These court battles are far too high stakes to be healthy for the nation.

JPhillips 09-18-2020 07:46 PM

Quote:

Originally Posted by RainMaker (Post 3301830)
Pretty simple solution. If McConnell doesn't stand by his stance, Democrats will add 2 justices after the election.


Yes, this is the response for all the Dems, but I doubt they will even threaten that much less carry it out.

Jas_lov 09-18-2020 07:50 PM

Dems wouldn't even vote on the marijuana bill that has 2/3rds support. They won't do anything but send angry tweets and strongly worded letters.

stevew 09-18-2020 08:05 PM

Quote:

Originally Posted by tarcone (Post 3301821)
The only solace I take is that I trust these people on the court take their job seriously and professionally. They do not play party politics and do what is best for our country.


GOOD ONE HAR HAR HAR

Thomkal 09-18-2020 08:10 PM

First off RIP Ginsburg. Her legacy will last long past her death.

Second. I'm already seeing quotes. interviews, etc from the last few years from Senate Republicans saying that no new justice should be nominated/pushed through in the last year of a President's last term. Reporters, Democratic parties in their states, newspapers, social media, etc should hold their feet to the fire and make sure they see those quotes and interviews every day until election day. Make sure its brought up in every debate (if they have any these days). Murkowski from Alaska has already said tonight that they should not nominate one now. Collins said in an interview recently that they shouldn't-hold them to it.

Third, I'm wondering if the Chief Justice and RBG talked about this especially after RBG herself said no one should be nominated until there is a new (or current Pres gets reelected), Have all the Justices come together and make it clear that no new Justice will be accepted until the new term. Make up a rule just like McConnell did with Garland.

Fourth, any organization out there sue McConnell if he tries to pull a fast one and have it drag out in the courts till after the election. I know McGrath hasn't been polling well against McConnell, but use RBG's death to bring one last charge to her side if he tries to push someone through. Kentucky got a Democratic gov elected last term, so there's enough Dems to get McConnell out too. Every Dem Congressmen should rally with McGrath, and every one who ran for the Dem Presidential nomination this year too. Organize like never before and get McConnell out of there.

miami_fan 09-18-2020 08:17 PM

Just in case you thought he wouldn't, he would

https://www.cnbc.com/2020/09/18/trum...nell-says.html


Don't hate the player, hate the game.

RIP RBG

cartman 09-18-2020 08:21 PM

in what world did voters expand a Republican majority in 2018

PilotMan 09-18-2020 08:29 PM

Quote:

Originally Posted by RainMaker (Post 3301830)
Pretty simple solution. If McConnell doesn't stand by his stance, Democrats will add 2 justices after the election.


2? I'm thinking 6.

Jas_lov 09-18-2020 08:33 PM

Quote:

Originally Posted by cartman (Post 3301841)
in what world did voters expand a Republican majority in 2018


GOP went from 51 seats to 53 in 2018 because Dems were defending seats in MO, IN and ND. And that Bill Nelson loss in FL really stings now.

ISiddiqui 09-18-2020 09:19 PM

https://twitter.com/JimDabakis/statu...454044160?s=19

Looks like Romney won't vote to confirm anyone until after inauguration day. Him and Murkowski. Collins has to come out for it if she wants to chance to win. And then they would need one more: Grassley?

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bronconick 09-18-2020 09:29 PM

Quote:

Originally Posted by ISiddiqui (Post 3301855)
https://twitter.com/JimDabakis/statu...454044160?s=19

Looks like Romney won't vote to confirm anyone until after inauguration day. Him and Murkowski. Collins has to come out for it if she wants to chance to win. And then they would need one more: Grassley?

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They'll cave in a week. That's what they do.

Jas_lov 09-18-2020 09:29 PM

Grassley and Graham have said in the past they wouldn't consider a nominee in 2020 but that means nothing now. I saw someone say on twitter that Mark Kelly could be sworn in on Nov. 30 if he wins since McSally is an appointee.

tarcone 09-18-2020 09:30 PM

You guys are bursting my already blown up bubble.

JPhillips 09-18-2020 09:44 PM

Romney's office says that's not accurate.

GrantDawg 09-18-2020 09:59 PM

And Graham has repeatedly said the opposite in the last year.

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kingfc22 09-18-2020 10:04 PM

Fuck 2020

JPhillips 09-18-2020 10:35 PM

It's worth using these words against the people that said them for the politics, but they simply won't care. Even before this, the GOP understood how close they were to semi-permanent minority rule. They won't pull back from that just because Jake Tapper calls them hypocrites.

edit: This is what the Dems need to understand. The GOP can't be shamed. If you want to win, you need to fight with all of the tools at your disposal. Make it clear that filling the seat will lead to expanded courts.

RainMaker 09-18-2020 11:35 PM

Quote:

Originally Posted by JPhillips (Post 3301875)
It's worth using these words against the people that said them for the politics, but they simply won't care. Even before this, the GOP understood how close they were to semi-permanent minority rule. They won't pull back from that just because Jake Tapper calls them hypocrites.

edit: This is what the Dems need to understand. The GOP can't be shamed. If you want to win, you need to fight with all of the tools at your disposal. Make it clear that filling the seat will lead to expanded courts.


Dems have never been in it to win. Just a bunch of losers playing dress-up.

CrimsonFox 09-19-2020 02:59 AM

Standby for McConnell saying that it is his duty to instate another justice immediately...

in 5....4....3....2...1....

whomario 09-19-2020 03:28 AM

Quote:

Originally Posted by RainMaker (Post 3301830)
Pretty simple solution. If McConnell doesn't stand by his stance, Democrats will add 2 justices after the election.


Anybody able to explain how that would work ? I was under the assumption the Supreme Court was one of those "set in stone" things nowadays, where in theory it can be altered but not in practice ?

Brian Swartz 09-19-2020 04:04 AM

You just nominate and confirm new justices. It's actually the other way around; it's only set at 9 justices because we decided to keep it there. No law requires it to stay there. We could have it at 3 or 300 or whatever we want.

Edward64 09-19-2020 07:10 AM

Quote:

Originally Posted by tarcone (Post 3301821)
The only solace I take is that I trust these people on the court take their job seriously and professionally. They do not play party politics and do what is best for our country.


I agree with the first sentence. I do think they have their own beliefs on "right and wrong" and naturally slot better into a political category. I'm all for going through the process and seeing where things fall (regardless of the hypocrisy of McConnell).

Edward64 09-19-2020 07:14 AM

RIP.

I don't know if this is how she felt or if she really, really enjoyed her work so much that she was happy to continue to work until death.

But I feel sorry for Ginsburg and can't help but feel she should have had the opportunity to walk away and really, really enjoy last months/years of her life with family, doing her bucket list etc. without having the extreme pressure/obligation to hang on till the next election.

GrantDawg 09-19-2020 07:18 AM

Quote:

Originally Posted by Brian Swartz (Post 3301880)
You just nominate and confirm new justices. It's actually the other way around; it's only set at 9 justices because we decided to keep it there. No law requires it to stay there. We could have it at 3 or 300 or whatever we want.

And it is jut a standard law to change it (House, Senate and President's signature).

JPhillips 09-19-2020 08:02 AM

Based on the timeline, a week after the election, and the fact that a tied SCOTUS means the lower court ruling stands, the ACA is almost certain to be struck down now. I can't see where a fifth vote to uphold the law comes from.

Lathum 09-19-2020 08:05 AM

So the republican propaganda machine is already saying the reason McConnell held things up in 2016 was because we had a dem president and a republican senate, which isn't the case this time around. Does anyone recall if they stated back then that was the reason why?

Izulde 09-19-2020 08:06 AM

Quote:

Originally Posted by Edward64 (Post 3301885)
RIP.

I don't know if this is how she felt or if she really, really enjoyed her work so much that she was happy to continue to work until death.

But I feel sorry for Ginsburg and can't help but feel she should have had the opportunity to walk away and really, really enjoy last months/years of her life with family, doing her bucket list etc. without having the extreme pressure/obligation to hang on till the next election.


I read that she planned to retire under President Hillary Clinton, but when Trump won, she felt (correctly IMO) that she needed to soldier on.


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