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vyelkin
Jan 2, 2011

Charlz Guybon posted:

If this was how things worked here the court would be filled with Merrick Garland clones.

This would be a marked improvement over what the court is right now.

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Dameius
Apr 3, 2006

Sarcastro posted:

She signed it so that she could retire (she wouldn't have had Gore been elected), so gently caress her.

If I remember right, she later said she regretted it so I'm just hoping she is even more miserable now than then because yeah, gently caress her for enabling this poo poo.

FlamingLiberal
Jan 18, 2009

Would you like to play a game?



Pretty sure she has Alzheimer’s now

ShadowHawk
Jun 25, 2000

CERTIFIED PRE OWNED TESLA OWNER

FlamingLiberal posted:

Pretty sure she has Alzheimer’s now
That just means she wouldn't be beholden to precedent

FAUXTON
Jun 2, 2005

spero che tu stia bene

ShadowHawk posted:

That just means she wouldn't be beholden to precedent

scorching

VitalSigns
Sep 3, 2011

She doesn't regret it, stop falling for Republican PR

They always do this after doing something egregious "oh gee now that we've benefited we feel just awful about it all, and I hope when you're in power you've learned the lesson that nobody must ever do something like this ever again"

von Metternich
May 7, 2007
Why the hell not?
If I remember correctly, she retired in order to take care of her dying husband, but he went downhill way faster than was expected so she didn’t get much time with him anyways.

VitalSigns
Sep 3, 2011

Yeah she regretted retiring and giving up her power in hindsight, even though it was obviously understandable at the time to want to spend time with her husband.

Ginsberg cited that regret when she explained her own decision not to retire when Dems held the senate, lol owned by Sandy O'Connor two decades after she became irrelevant, loving masterful.

Groovelord Neato
Dec 6, 2014


I regret it too since she was replaced by the dumbest justice of all time.

Deceptive Thinker
Oct 5, 2005

I'll rip out your optics!

Groovelord Neato posted:

I regret it too since she was replaced by the dumbest justice of all time.

Well...until Kavanaugh

Dameius
Apr 3, 2006

Deceptive Thinker posted:

Well...until Kavanaugh

And now ACB. This particular court makeup has to have the highest percentage of hacks on it in the court's history.

Kazak_Hstan
Apr 28, 2014

Grimey Drawer
lol Clarence Thomas, the oldest republican justice, is only 72. They’re so much better at this.

vyelkin
Jan 2, 2011

Kazak_Hstan posted:

lol Clarence Thomas, the oldest republican justice, is only 72. They’re so much better at this.

He was appointed before Breyer and he's ten years younger than Breyer.

At their time of confirmation Ginsburg was 60, Breyer was 55, Sotomayor was 55, Kagan was 50.

For comparison, Alito was 55, Kavanaugh was 53, Roberts was 50, Gorsuch was 49, ACB is 48, and Thomas was 43 years old.

The Democrats had better be scouting out some like 39-year-old legal prodigies at this rate.

Hieronymous Alloy
Jan 30, 2009


Why! Why!! Why must you refuse to accept that Dr. Hieronymous Alloy's Genetically Enhanced Cream Corn Is Superior to the Leading Brand on the Market!?!




Morbid Hound
Michelle is only 56!

A GIANT PARSNIP
Apr 13, 2010

Too much fuckin' eggnog


vyelkin posted:

He was appointed before Breyer and he's ten years younger than Breyer.

At their time of confirmation Ginsburg was 60, Breyer was 55, Sotomayor was 55, Kagan was 50.

For comparison, Alito was 55, Kavanaugh was 53, Roberts was 50, Gorsuch was 49, ACB is 48, and Thomas was 43 years old.

The Democrats had better be scouting out some like 39-year-old legal prodigies at this rate.

AOC is 31, Omar is 38, Tlaib is 44, and Pressley is 46. It’d also give you a 7-6 female to male ratio and an ethnic mix much closer to the US.

potlord69420
Oct 26, 2020

by Pragmatica

vyelkin posted:

He was appointed before Breyer and he's ten years younger than Breyer.

At their time of confirmation Ginsburg was 60, Breyer was 55, Sotomayor was 55, Kagan was 50.

For comparison, Alito was 55, Kavanaugh was 53, Roberts was 50, Gorsuch was 49, ACB is 48, and Thomas was 43 years old.

The Democrats had better be scouting out some like 39-year-old legal prodigies at this rate.

No the Democrats should be doing no such thing. They should be finding someone who is 30 years old, doesn't give a gently caress about the law, or this country, and hates republicans, conservatives and white people with a seething passion and sit them on the court.

I hope they choose someone who doesn't even have a loving college degree. loving delegitimize this thing I don't give a flying gently caress. I hope the person they choose literally takes a dump on paperwork presented to them by the conservative states who are arguing their position and passes it back to them.

gently caress decorum and gently caress the court and justice system.

Deceptive Thinker
Oct 5, 2005

I'll rip out your optics!

potlord69420 posted:

No the Democrats should be doing no such thing. They should be finding someone who is 30 years old, doesn't give a gently caress about the law, or this country, and hates republicans, conservatives and white people with a seething passion and sit them on the court.

I hope they choose someone who doesn't even have a loving college degree. loving delegitimize this thing I don't give a flying gently caress. I hope the person they choose literally takes a dump on paperwork presented to them by the conservative states who are arguing their position and passes it back to them.

gently caress decorum and gently caress the court and justice system.

How old is Briahna?

edit: hell, she's even more qualified than Barrett and only 35

SixFigureSandwich
Oct 30, 2004
Exciting Lemon

Kazak_Hstan posted:

lol Clarence Thomas, the oldest republican justice, is only 72. They’re so much better at this.

He was also at that Trump event celebrating Barrett's nomination so who knows he might get Covid

Stickman
Feb 1, 2004

Cardi B seems like a natural choice.

E: might be a little too old.

Craptacular!
Jul 9, 2001

Fuck the DH

potlord69420 posted:

No the Democrats should be doing no such thing. They should be finding someone who is 30 years old, doesn't give a gently caress about the law, or this country, and hates republicans, conservatives and white people with a seething passion and sit them on the court.

I hope they choose someone who doesn't even have a loving college degree. loving delegitimize this thing I don't give a flying gently caress. I hope the person they choose literally takes a dump on paperwork presented to them by the conservative states who are arguing their position and passes it back to them.

gently caress decorum and gently caress the court and justice system.

I don't want to live in a dysfunctional society because my opponents are better at politics than I am, but at the same I have to wonder why the Republicans have the Federalist and the Democrats who have known about it's existence for over 30 years have ??????

Do the wealthy lawyers for the Democrats not know how the Supremes work

Stickman
Feb 1, 2004

Craptacular! posted:

I don't want to live in a dysfunctional society because my opponents are better at politics than I am, but at the same I have to wonder why the Republicans have the Federalist and the Democrats who have known about it's existence for over 30 years have ??????

Do the wealthy lawyers for the Democrats not know how the Supremes work

:allears:

And we have the Center for American Progress :toot: I don't know what you're complaining about!

Nitrousoxide
May 30, 2011

do not buy a oneplus phone



So, if Trump loses, do you think that the rest of the conservatives on the court will step down during the lame duck and get replaced?

Deteriorata
Feb 6, 2005

Nitrousoxide posted:

So, if Trump loses, do you think that the rest of the conservatives on the court will step down during the lame duck and get replaced?

Oh, absolutely. That's an important tradition. All justices of the Supreme Court resign after every election so that they new President can appoint people he likes.

Nitrousoxide
May 30, 2011

do not buy a oneplus phone



Who said anything about the new president. I was just wondering if Trump and McConnell would want to get the rest of the conservatives replaced with youngins before they're out of power.

Evil Fluffy
Jul 13, 2009

Scholars are some of the most pompous and pedantic people I've ever had the joy of meeting.

FronzelNeekburm posted:

I like how "state courts do not have a blank check to rewrite state election laws" here, but they can absolutely fix gerrymandering if they want to, unlike federal courts. Probably.

Right up until one of them fixes Gerrymandering and it hurts Republicans.

Mr. Nice! posted:

Roberts and Barrett were on the Bush legal team as well.

So was ACAB.


Nobody, not even the GOP, actually bought the "this isn't precedent" bullshit from Rehnquist.

Nitrousoxide posted:

So, if Trump loses, do you think that the rest of the conservatives on the court will step down during the lame duck and get replaced?

The only way he or any other conservative steps down for another GenX Federalist Society shitlord is if they bribe him. Considering Kennedy's retirement that's not unlikely I guess.

haveblue
Aug 15, 2005



Toilet Rascal

Nitrousoxide posted:

Who said anything about the new president. I was just wondering if Trump and McConnell would want to get the rest of the conservatives replaced with youngins before they're out of power.

They could want that, but it wouldn't really have an effect on the future. If the Dems actually make an effective counterplay, the expiration dates of the seated justices are irrelevant. If they don't, the GOP will just regain appointment power sooner rather than later.

Deteriorata
Feb 6, 2005

Nitrousoxide posted:

Who said anything about the new president. I was just wondering if Trump and McConnell would want to get the rest of the conservatives replaced with youngins before they're out of power.

Ok, a more serious answer.

All the conservatives are relatively young and are likely to still be around the next time there's a conservative president. There would not likely be anything to gain with that scenario. All it would do is strengthen the Democrats' case for court packing.

Elotana
Dec 12, 2003

and i'm putting it all on the goddamn expense account
Clarence Thomas is the oldest Republican and he's only leaving the court in a pine box.

mandatory lesbian
Dec 18, 2012
Why does it have to be pine, why not cardboard, as appropriate

Deteriorata
Feb 6, 2005

Elotana posted:

Clarence Thomas is the oldest Republican and he's only leaving the court in a pine box.

He'll die during oral arguments and no one will notice for two weeks.

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.

Craptacular! posted:

I don't want to live in a dysfunctional society because my opponents are better at politics than I am, but at the same I have to wonder why the Republicans have the Federalist and the Democrats who have known about it's existence for over 30 years have ??????

American Constitution Society.

Hurt Whitey Maybe
Jun 26, 2008

I mean maybe not. Or maybe. Definitely don't kill anyone.

Discendo Vox posted:

American Constitution Society.

Seems fairly ineffective given the current status of the court. Do they have a list of potential nominees a la the Federalist Society?

e: I see we are coming around to what I was saying in May, if I recall I got a lot of pushback for this post:

Hurt Whitey Maybe posted:

RBG should have retired over a decade ago and no later than 6 years ago. Complete mishandling of the situation. Next democrat to win should demand the resignation of every justice they can pressure to resign and replace them with 25 year old leftist law school graduates.

Hurt Whitey Maybe fucked around with this message at 01:46 on Oct 28, 2020

VitalSigns
Sep 3, 2011

Craptacular! posted:

I don't want to live in a dysfunctional society because my opponents are better at politics than I am, but at the same I have to wonder why the Republicans have the Federalist and the Democrats who have known about it's existence for over 30 years have ??????

Do the wealthy lawyers for the Democrats not know how the Supremes work

Democrats don't seem to need it, they don't have a history of their judges swinging right the way say Souter or Kennedy "betrayed" Republicans. That's not to say Ginsburg or Breyer haven't made some crap decisions but like, they all voted to uphold Obamacare, they all voted for gay marriage, they all voted for LGBT protections to fall under Title IX, they all struck down Texas' absurd abortion laws, etc. They were lovely in the way liberals can be lovely but your average liberal Democrat didn't feel betrayed the way Republicans did on every single one of those cases I named where at least one conservative justice sided with the liberals.

Democrats' problem hasn't been with ideological conformity. It's more been structural issues. Losing 3 presidential elections in a row right after a 1-term Democrat who didn't appoint any judges, leading to essentially 34 years of Republican picks, bad luck in timing like Thurgood Marshall retiring because of declining health under George Bush just a year before Clinton was elected, Republicans using their control of the court to steal 2000, McConnell stealing Scalia's seat, the younger average age of Republican justices making it easier for them to time retirements, and of course Ginsburg refusing to retire. The last one is about the only thing a Democratic Federalist Society could do anything about, by I guess ensuring any Democratic pick would be committed to ensuring their seat remains Democratic regardless of their personal ambitions, the way Republican justices do. Democrats could also control the court more by nominating younger judges but you don't need a Federalist Society for that, you just need Democratic leaders who understand difficult concepts like "lifetime appointment", "human life expectancy" and "elementary arithmetic"

VitalSigns fucked around with this message at 01:57 on Oct 28, 2020

Proust Malone
Apr 4, 2008

Maybe one side was just more motivated after having been burned by Brown and Roe and Casey and Miranda and Loving and Gideon

One side was organizing and funding while the other side was comfortable that the arc of justice bent toward justice...by magic I guess because there werent any left leaders not murdered or sent into hiding.

Discendo Vox
Mar 21, 2013

This does not make sense when, again, aggregate indicia also indicate improvements. The belief that things are worse is false. It remains false.

Hurt Whitey Maybe posted:

Seems fairly ineffective given the current status of the court. Do they have a list of potential nominees a la the Federalist Society?

Federalist was around longer and has much more established networks and funding. That said, these entities are "effective" entirely based on which party has the government control to actually perform appointments. That's been the Republicans, for reasons already discussed.

Kalman
Jan 17, 2010

Hurt Whitey Maybe posted:

Seems fairly ineffective given the current status of the court. Do they have a list of potential nominees a la the Federalist Society?

e: I see we are coming around to what I was saying in May, if I recall I got a lot of pushback for this post:

ACS looks like the law school part of the Federalist Society - lots of events and workshops and stuff like that. They're good at that.

There's a second portion of FedSoc which started out a little innocuous and has gone downhill. That's the part that's dedicated to creating a pipeline for conservative law students to clerk for conservative judges, intermediated by conservative professors. There aren't a ton of conservative law students, and conservative profs are still a minority (though less so than they used to be), so having that connection is helpful to them, and it helps the judges find like-minded apprentices. Of course, it's also become a pipeline for training up new conservative judges. ACS doesn't really do that, but it's also not a critical need since there's not the same issue with connecting liberal students to profs to judges, that's just the default path.

But there's also another portion of FedSoc — Leonard Leo and the dark money wings which have a lot of money behind them and active participation in politics. ACS doesn't do that, nor do they have the same resources. And turns out those are the parts that get judges confirmed.

chyaroh
Aug 8, 2007
Oh, as a followup to my last post on the Australian High Court, we've just had two new Justices appointed to replace those who have reached mandatory retirement age. This is the first I even knew it was coming up!

https://www.smh.com.au/national/federal-court-judges-elevated-to-high-court-as-new-appointments-revealed-20201021-p567cj.html

Of course, there would have been plenty of discussion in legal circles, but in terms of national regular news, the first thing I read was this afternoon when they were announced.

yronic heroism
Oct 31, 2008

Re: the Federalists, part of the asymmetry in the parties’ judicial selections is Democrats don’t have to mirror the Justice Taney fan club of the right because they just need to nominate people who are reasonable and not hacks and they historically get reasonable non-hack decisions. Whereas Republicans from Nixon through Bush I hoped for conservatives but until they had a foolproof ideological assembly line sometimes ended up with moderates who even moved further away from Republican nonsense over time. It became necessary for the right to create its own safe space legal ecosystem to sustain their judicial project.

Where the Democrats really go wrong is if they don’t pass judicial reform when we know what the Republicans would do in this situation. And Clinton in particular really appointed people who were too old. When everyone wants to sit for thirty-plus years, you gotta look at the actuarial tables.


tl; dr of course Republicans need a cult following to enact their will.

yronic heroism fucked around with this message at 13:13 on Oct 28, 2020

myron cope
Apr 21, 2009

The way I see it the Democrats have no choice but to pack the courts (if they win next week). Just by talking about it, if the Republicans regain (or god forbid: keep) power they will do it themselves, as punishment.

I also don't know if Chuck Schumer and like fuckin Dianne Feinstein have the will to do it

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Papercut
Aug 24, 2005

myron cope posted:

The way I see it the Democrats have no choice but to pack the courts (if they win next week). Just by talking about it, if the Republicans regain (or god forbid: keep) power they will do it themselves, as punishment.

I also don't know if Chuck Schumer and like fuckin Dianne Feinstein have the will to do it

That's the good thing about this entire ACB shitshow. Without what just happened over the past month+, conservatives still had a 5-4 majority and there was zero chance Dems would seriously consider court packing. McConnell just galvanized a bunch of people so there is at least a *chance* that Dems consider it, he's left them no choice.

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