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Open Discussion Discuss The likely upshot of Ruth Bader Ginsburg's passing at the General Forum; Here are some of the things that will probably happen now: (1) The Democrats will almost undoubtedly hold up any ...

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Old 09-19-2020, 03:37 PM
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Default The likely upshot of Ruth Bader Ginsburg's passing

Here are some of the things that will probably happen now:

(1) The Democrats will almost undoubtedly hold up any nomination, until after the November 3 presidential election.

(2) We will hear the words (or rather, the name) "Merrick Garland" thrown around promiscuously.

(3) We will surely hear a lot about "preserving the balance" on the Court.

(4) If an originalist is nonetheless confirmed, we will hear a great deal about expanding the membership of the Court, once a Democrat takes over the White House. (There is no constitutional requirement that it should be set at nine members; but that has been the tradition for over 150 years now.)
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Old 09-19-2020, 04:37 PM
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Default Re: The likely upshot of Ruth Bader Ginsburg's passing

Quote:
Originally Posted by pjohns View Post
Here are some of the things that will probably happen now:

(1) The Democrats will almost undoubtedly hold up any nomination, until after the November 3 presidential election.

(2) We will hear the words (or rather, the name) "Merrick Garland" thrown around promiscuously.
Which they will pretend that only republicans did that even though Biden is on record opposing Bush's nomination during the last year of his term.

Quote:

(3) We will surely hear a lot about "preserving the balance" on the Court.

WHich they could care less about.They want liberal majority just like republicans want conservative majority in the supreme court/
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(4) If an originalist is nonetheless confirmed, we will hear a great deal about expanding the membership of the Court, once a Democrat takes over the White House. (There is no constitutional requirement that it should be set at nine members; but that has been the tradition for over 150 years now.)
I could see them doing that unless republicans get a 2/3rds majority in both houses and make a constitutional amendment setting the limit to 9.
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Old 09-19-2020, 06:26 PM
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Default Re: The likely upshot of Ruth Bader Ginsburg's passing

Quote:
Originally Posted by pjohns View Post
Here are some of the things that will probably happen now:

(1) The Democrats will almost undoubtedly hold up any nomination, until after the November 3 presidential election.

(2) We will hear the words (or rather, the name) "Merrick Garland" thrown around promiscuously.

(3) We will surely hear a lot about "preserving the balance" on the Court.

(4) If an originalist is nonetheless confirmed, we will hear a great deal about expanding the membership of the Court, once a Democrat takes over the White House. (There is no constitutional requirement that it should be set at nine members; but that has been the tradition for over 150 years now.)
Yeah McConnel is a hypocrite but I have no qualms about the nominee unless it turns out to be a real bonkers pick like a reality show host or person from foxnews.
You should know my views on abortion; the only thing that would rattle me is if there was a move to crush gay/trans/etc. rights after they fought so long to have them.
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Old 09-19-2020, 06:38 PM
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Default Re: The likely upshot of Ruth Bader Ginsburg's passing

The largest consequence is the ability to get the SCOTUS to start passing more decisions in concert with the constitution. Since RBG has passed, that is one less anti-constitutionalist on the court.
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Old 09-20-2020, 07:15 AM
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Default Re: The likely upshot of Ruth Bader Ginsburg's passing

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The largest consequence is the ability to get the SCOTUS to start passing more decisions in concert with the constitution. Since RBG has passed, that is one less anti-constitutionalist on the court.
Even if the Left got whomever they wanted, it's a break-even...Anything less is a win ("more of a win") for loyal Constitutionalists...

Personally, my main question would be this...

"Is the Constitution a living, evolving document?"...

Anything less than "Hell no!" is a disqualification IMHO...
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Old 09-20-2020, 10:57 AM
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Default Re: The likely upshot of Ruth Bader Ginsburg's passing

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Even if the Left got whomever they wanted, it's a break-even...Anything less is a win ("more of a win") for loyal Constitutionalists...

Personally, my main question would be this...

"Is the Constitution a living, evolving document?"...

Anything less than "Hell no!" is a disqualification IMHO...
A better answer would be: "Only by the process of amendment."
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Old 09-20-2020, 11:38 AM
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Default Re: The likely upshot of Ruth Bader Ginsburg's passing

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Originally Posted by cnredd View Post
Even if the Left got whomever they wanted, it's a break-even...Anything less is a win ("more of a win") for loyal Constitutionalists...

Personally, my main question would be this...

"Is the Constitution a living, evolving document?"...

Anything less than "Hell no!" is a disqualification IMHO...
Not necessarily, Roberts and recently Kavanaugh have shown a tendency to side with the public interest super legislature arguments of the Left. Roberts in particular with ad hoc rewriting Obamacare after buying off concerns over people losing coverage instead of the Constitution. Trump ought to push for another justice to return the SCOTUS to its Constitutional role.

Besides, another SCOTUS nomination will infuriate the Left exposing their toxic hatred and violence to the voters. Losing their avenue to advance their agenda by judicial decree instead of messy elections where the uneducated might interfere with progress is guaranteed to inspire fury over losing their entitlement.
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Old 09-20-2020, 07:21 PM
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Default Re: The likely upshot of Ruth Bader Ginsburg's passing

Quote:
Originally Posted by cnredd View Post
Even if the Left got whomever they wanted, it's a break-even...Anything less is a win ("more of a win") for loyal Constitutionalists...

Personally, my main question would be this...

"Is the Constitution a living, evolving document?"...

Anything less than "Hell no!" is a disqualification IMHO...
Quote:
Originally Posted by AZRWinger View Post
Not necessarily, Roberts and recently Kavanaugh have shown a tendency to side with the public interest super legislature arguments of the Left. Roberts in particular with ad hoc rewriting Obamacare after buying off concerns over people losing coverage instead of the Constitution. Trump ought to push for another justice to return the SCOTUS to its Constitutional role.

Besides, another SCOTUS nomination will infuriate the Left exposing their toxic hatred and violence to the voters. Losing their avenue to advance their agenda by judicial decree instead of messy elections where the uneducated might interfere with progress is guaranteed to inspire fury over losing their entitlement.
funny when it disagrees with your views of how life should be you call rulings "unconstitutional".
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Old 09-20-2020, 07:38 PM
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Default Re: The likely upshot of Ruth Bader Ginsburg's passing

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funny when it disagrees with your views of how life should be you call rulings "unconstitutional".
I think he refers to things as being unconstitutional if they are not specifically mentioned in the Constitution.

In this regard, I would fully agree with him.

(And no, an infinitely flexible view of the "public welfare," mentioned in the Constitution, does not work. Not with me, anyway.)
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Old 09-20-2020, 10:46 PM
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Default Re: The likely upshot of Ruth Bader Ginsburg's passing

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Originally Posted by pjohns View Post
I think he refers to things as being unconstitutional if they are not specifically mentioned in the Constitution.

In this regard, I would fully agree with him.

(And no, an infinitely flexible view of the "public welfare," mentioned in the Constitution, does not work. Not with me, anyway.)
Since the thread is about RBG, I assumed the discussion was about her legendary efforts and successes concerning women's and minority rights.
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