Off-Topic: SCOTUS Kennedy retiring
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Name:   MartiniMan The author of this post is registered as a member - Email Member
Subject:   SCOTUS Kennedy retiring
Date:   6/28/2018 8:35:33 AM (updated 6/28/2018 10:02:32 AM)

Here's the deal with Trump's nominees, at least the 25 that are on his list.  They aren't conservative, liberal or moderate.  They are originalists and will judge the validity of a law based on whether it comports with the Constitution.  For the most part they will not try to legislate from the bench like the other four justices do on a regular basis and some of the GOP-nominated justices have done on occasion (ala Roberts and Obamacare where he turned a penalty into a tax). 

The reality is that over the last 25 to 30 years liberals have used the courts to implement left wing ideas when they could not do so legislatively.  However, this is a double-edged sword for them because Trump is going to leave a generational legacy on not only SCOTUS but lower appeals courts.  I suspect we will see the left suddenly decide that there are actually three branches of government with separate and distinct authority.  It'll be fun to watch them twist into pretzels trying to disavow everything they've said for years.

On the politics side, there is no easy way out for them.  If somehow they delay this nomination past the midterms they are going to so energize conservatives that their already threatened blue wave will shrink into nothingness.  And if they are unable to stop the confirmation their base is going to explode in fury and violence and be disheartened enought to sit out the midterms.  And there are at least five Democrats up for reelection in states that went heavily for Trump that are really in a pickle.  They vote against the nominee and they lose by more than they are probably already going to lose by or it could be just the difference in a toss up election.  They vote for the nominee and their base will punish them mightily by not voting for them.  And they won't pick up enough moderate votes to make up for the losses.  All in all it is not a good situation and it will be interesting to see if they somehow manage to thread the needle.

Our summer just got really interesting.

Other messages in this thread:View Entire Thread
SCOTUS Kennedy retiring - MartiniMan - 6/27/2018 2:10:17 PM
     SCOTUS Kennedy retiring - phil - 6/27/2018 2:57:56 PM
          SCOTUS Kennedy retiring - MartiniMan - 6/27/2018 4:27:29 PM
               SCOTUS Kennedy retiring - phil - 6/27/2018 4:47:52 PM
               Weekend At Bernies with Ginsburg - Rich - 6/27/2018 7:58:46 PM
                    Knowing that ALL of you are fair minded - architect - 6/27/2018 8:55:30 PM
                         Knowing that ALL of you are fair minded - MrHodja - 6/27/2018 10:54:01 PM
                         Knowing that ALL of you are fair minded - phil - 6/28/2018 9:00:52 AM
                    Weekend At Bernies with Ginsburg - phil - 6/28/2018 8:58:00 AM
     SCOTUS Kennedy retiring - lucky67 - 6/27/2018 7:03:07 PM
     SCOTUS Kennedy retiring - Talullahhound - 6/27/2018 8:49:39 PM
          SCOTUS Kennedy retiring - architect - 6/27/2018 9:03:09 PM
               SCOTUS Kennedy retiring - Rich - 6/28/2018 7:55:26 AM
                    Rich - architect - 6/28/2018 9:30:40 PM
                         Rich - phil - 6/29/2018 8:32:19 AM
                              Rich - architect - 7/1/2018 3:15:06 PM
                                   Rich - phil - 7/2/2018 8:22:13 AM
          SCOTUS Kennedy retiring - MartiniMan - 6/28/2018 8:35:33 AM
               SCOTUS Ginsburg unconcious (during rulings too) - Shortbus - 7/2/2018 5:19:35 PM



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