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Deleted member 18568

User requested account closure
Banned
Oct 27, 2017
944
The closest I'm seeing to real consensus on his approach if that he's an "originalist".

I'm not a legal scholar but I assume that means he follows the text and context of the constitution to the letter.

Wouldn't this suggest his broader approach is by definition conservative?

I mean we knew we were getting a right leaning nomination, and at least he doesn't seem hard right insane, but I'm curious if my reading of originalist = traditional/conservative is right.
 

thediamondage

Member
Oct 25, 2017
11,286
One absolutely fascinating thing about the Supreme Court

5 members are Catholic
3 are Jewish
1 was raised Catholic but is now an Episcopalian I think (Neil Gorsuch)

The nominee is Catholic as well. They were all appointed by various presidents but its pretty fascinating that in a country that is majority protestant, there is only 1 on SCOTUS.

Of the 113 justices appointed to date 91 have been protestant, 12 catholic, and 8 Jewish (1 had no affiliation).
 

PaddingtonDidntDoIt

Attempted to circumvent ban with alt account
Banned
May 8, 2018
698
Your president just put someone in superme court that he believes would never indict him.

You scared yet?
 

JustinP

Member
Oct 25, 2017
6,343
The closest I'm seeing to real consensus on his approach if that he's an "originalist".

I'm not a legal scholar but I assume that means he follows the text and context of the constitution to the letter.

Wouldn't this suggest his broader approach is by definition conservative?

I mean we knew we were getting a right leaning nomination, and at least he doesn't seem hard right insane, but I'm curious if my reading of originalist = traditional/conservative is right.
Originalism is just branding for activist conservative judges.
 
Oct 25, 2017
12,031
Its amazing that he saw the light only after serving in Bush's administration. This is the guy who co-wrote and pushed for Clinton's impeachment, then when he was in Bush's administration he had a completely different legal/ethical perspective. That is some damn hot shit.
 

Deleted member 3812

User requested account closure
Banned
Oct 25, 2017
8,821
One absolutely fascinating thing about the Supreme Court

5 members are Catholic
3 are Jewish
1 was raised Catholic but is now an Episcopalian I think (Neil Gorsuch)

The nominee is Catholic as well. They were all appointed by various presidents but its pretty fascinating that in a country that is majority protestant, there is only 1 on SCOTUS.

It shouldn't matter if the Supreme Court has various religious backgrounds. The Constitution has Separation of Church and State which means that anything religious needs to be fully separated from political and legal stuff in the U.S.
 

MIMIC

Member
Dec 18, 2017
8,334

His dissent in the Jane Doe appeals court decision. He suggested that a woman has a right to an abortion. He's against "unfettered access" to abortion (which is basically how abortion stands currently), but not against it completely.

Kavanaugh wrote that the court had created a "new right" to "immediate abortion on demand" for undocumented, pregnant teenagers in US custody. The panel's original order was in line with Supreme Court cases that said the government could have an interest in "favoring fetal life" and not facilitating abortions, as long as it didn't impose an "undue burden" on women who did choose to seek an abortion in the process.

Kavanaugh did not say that Jane Doe, as an undocumented immigrant, had no right to an abortion once she was in the United States. But he concluded that it was not an "undue burden" for the US government to say it wouldn't "facilitate" abortions for teens in custody, and to transfer a minor in that situation to a sponsor, as long as it was "expeditious."

Kavanaugh left open the question of what would happen if the government couldn't find a sponsor. "It could turn out," Kavanaugh wrote, that the government would be required to allow Jane Doe to get the abortion, noting that the government already facilitates abortions for adult women in criminal and immigration custody. But he argued that the government should first get a chance to try to find a sponsor.

https://www.buzzfeed.com/zoetillman...-nominee-brett?utm_term=.mfoNd5YPp#.qv2J7pWya
 

HououinKyouma

The Wise Ones
Member
Oct 27, 2017
8,366
Ugh, awful for the future of this country.

But this was at least the "best" possible choice, right? Just basing that on what I heard on The Daily podcast this morning.
 

Jessie

Member
Oct 27, 2017
9,921
The solution to this is to vote Democrat and hope Thomas doesn't retire before Trump leaves the White House.
 

Deleted member 8860

User requested account closure
Banned
Oct 26, 2017
6,525
Ugh, awful for the future of this country.

But this was at least the "best" possible choice, right? Just basing that on what I heard on The Daily podcast this morning.

scotus-pick-reax-KAVANAUGH.png

atd-roeder-trump-final-three.png


What a joke that Kennedy is left of the central line...

0.0 is the average of the current court, not some absolute value.

His dissent in the Jane Doe appeals court decision. He suggested that a woman has a right to an abortion. He's against "unfettered access" to abortion (which is basically how abortion stands currently), but not against it completely.

That's a ridiculous reading of his opinion.

A lower court can't overrule the Supreme Court. His dissent was as hardline anti-abortion as his position allowed.
 
Last edited:
Oct 25, 2017
12,031
In particular, Congress might consider a law exempting a President—while in office—from criminal prosecution and investigation, including from questioning by criminal prosecutors or defense counsel. Criminal investigations targeted at or revolving around a President are inevitably politicized by both their supporters and critics. As I have written before, "no Attorney General or special counsel will have the necessary credibility to avoid the inevitable charges that he is politically motivated—whether in favor of the President or against him, depending on the individual leading the investigation and its results."3

That is one damning opinion from Kavanaugh, especially in the light of the current investigation.
 

Shoeless

Member
Oct 27, 2017
7,000
Man, at this rate, elections being an unnecessary burden to a great Democratic Society that will now have that burden lifted isn't too far off the horizon. Holy crap, America, how did it all start falling apart so fast? And because of reality TV show thug?
 

LukeOP

Banned
Oct 27, 2017
4,749
Ugh, awful for the future of this country.

But this was at least the "best" possible choice, right? Just basing that on what I heard on The Daily podcast this morning.

He believes the President is a defacto dictator and he will overturn Roe v Wade given his "originalist" beliefs.

This is a dangerous man and will be the most far right judge to sit in the SCOTUS.
 

RDreamer

Member
Oct 25, 2017
14,106
It just blows my mind that I'm about to have a son in a month or so and that son might be older than I currently am when Kavanaugh is finally off the court. Fucking three decades of power put there by a guy that lost the popular vote and is under criminal investigation for that very election.
 
Brett Kavanaugh: "No president has ever consulted more widely or talked to more people from more backgrounds to seek input for a Supreme Court nomination."

Jesus this guy is the biggest kiss ass since Mike Pence... why are so many willing to straight up lie publicly for Trump?

Trump rewards those who stan for him because of his mob boss obsession with loyalty.

It just shows how many people have no conscience or shame, that they will bark like a seal and clap their flippers for one of the most feeble men alive.
 

Deleted member 3812

User requested account closure
Banned
Oct 25, 2017
8,821
It really makes me very angry that the Electoral College is what put Trump in the White House.

If our system of electing the President was different, for example, using the popular vote, right now Clinton would be in the White House as President because she did win the popular vote.
 

Addie

One Winged Slayer
Member
Oct 25, 2017
8,740
DFW
Ugh, awful for the future of this country.

But this was at least the "best" possible choice, right? Just basing that on what I heard on The Daily podcast this morning.
Nah. By all accounts, best possible would've been Hardiman. Worst would've been cult lady: she's in her early 40s and has no judicial experience, really. (She was an academic, and that's fine, but still.)

That said, he's exactly the kind of SCOTUS pick a "normal" Republican would make — the Wittes comment is accurate in that respect.

Small comfort, but be happy it's a middle-aged white man instead of a white woman — she's 10 years younger and, that aside, would probably live much longer.
 

Shauni

Banned
Oct 25, 2017
5,728
Call your senators, march and organize. Don't let these fucks vote to confirm until after midterms.

There's no amount of marching that will stop it unless people are willing to spill blood (and even then, I dunno). They killed the filibuster to make sure they got the first pick, they are one step from the lifetime conservative goal of compromising the court. Protests won't make them stop.
 

Toth

Member
Oct 26, 2017
4,008
if I am reading that quote correctly, he is all for impeachment but not levying criminal charges against a President until after the impeachment process is complete?
 

LukeOP

Banned
Oct 27, 2017
4,749
That says "congress might consider a law."

He also quoted himself saying that no attorney general or special counsel has enough credibility to investigate the President.

He essentially thinks the Mueller investigation should end and ultimately such investigations should be illegal.
 

LukeOP

Banned
Oct 27, 2017
4,749
if I am reading that quote correctly, he is all for impeachment but not levying criminal charges against a President until after the impeachment process is complete?

How can you hold impeachment hearings if you don't have a criminal investigation? What evidence is congress going to use against the President? Subpoenas from congress and being held in concept by congress is meaningless.
 

KHarvey16

Banned
Oct 27, 2017
9,193
He also quoted himself saying that no attorney general or special counsel has enough credibility to investigate the President.

He essentially thinks the Mueller investigation should end and ultimately such investigations should be illegal.

You've extrapolated, but in any case he says to remedy what he sees as issues congress needs to make a law.
 

Addie

One Winged Slayer
Member
Oct 25, 2017
8,740
DFW
if I am reading that quote correctly, he is all for impeachment but not levying criminal charges against a President until after the impeachment process is complete?
Yes. That's not a terribly radical position, either. But it also presumes a functioning Congress that acts in good faith.
 

Toth

Member
Oct 26, 2017
4,008
How can you hold impeachment hearings if you don't have a criminal investigation? What evidence is congress going to use against the President? Subpoenas from congress and being held in concept by congress is meaningless.

I mean being actually charged with criminal actions until after the impeachment process is over.
 

MistaTwo

SNK Gaming Division Studio 1
Verified
Oct 24, 2017
2,456
It really makes me very angry that the Electoral College is what put Trump in the White House.

If our system of electing the President was different, for example, using the popular vote, right now Clinton would be in the White House as President because she did win the popular vote.

If the U.S.A. was a rational country with actual politicians that cared about the consequences of their actions, they would have looked back at the 2000 election
and seen the various messes that Dubyah managed to get us into and worked to create a new system.
I was 15 at the time and unable to vote, and even I knew the system was fucking stupid when Bush managed tow in despite having less overall votes.

Instead, we are getting screwed by the electoral college for the second time, and with worse and much more long-term consequences.
 

KHarvey16

Banned
Oct 27, 2017
9,193
He doesn't think a sitting POTUS should have to worry about civil and criminal charges, he doesn't think that special prosecutors should be employed into the actions of a sitting POTUS. I think that is as I said a pretty damning opinion, given our current situation.

But again for any problems he thinks there are in those proceedings they can be fixed by congress making a law.
 

Deleted member 3812

User requested account closure
Banned
Oct 25, 2017
8,821
Could have been worse. Then again, if the left was more logical than emotional (and if Hillary had run a better campaign) we wouldn't be having this conversation. We'd be discussing Hillary nominating her second SC judge, with another in the wings.

Both sides are the same huh. Enjoy the shredding of the voting rights act.

If the U.S. used the popular vote to elect a President, we would have Clinton in the White House right now: https://www.nytimes.com/elections/results/president

Popular Vote Count:

Hillary Clinton
65,853,625 votes (48.0%)

Donald Trump
62,985,106 votes (45.9%)

But we don't use the popular vote, we use something called the Electoral College which put Trump in the White House, a Presidential candidate needs 270 or more electoral college votes to become President and Trump got more electoral college votes than Clinton.

Donald Trump: 306
Hillary Clinton: 232