Scalia just died (really). How will this affect the race? (user search)
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  Scalia just died (really). How will this affect the race? (search mode)
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Author Topic: Scalia just died (really). How will this affect the race?  (Read 23927 times)
Mr. Reactionary
blackraisin
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Posts: 17,806
United States


Political Matrix
E: 5.45, S: -3.35

« on: February 13, 2016, 05:32:36 PM »

I feel ill. This is like the one thing that could force me to vote Pub in November. The Clean Power Plan, affirmative action, mandatory public sector union fees, DACA: this was a big term. 4-4 decisions are going to reinforce the status quo.
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Mr. Reactionary
blackraisin
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*****
Posts: 17,806
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #1 on: February 13, 2016, 05:56:17 PM »

An aside: If you're cheering the death of someone solely on ideological grounds, you need some help. He has a family, kids, friends, etc. Scalia is a person, not a political prop, be respectful.

Scalia was easily one of the most powerful and influential right-wing individuals in the country, especially in the legal sphere. Consequently, he was responsible for many decisions that adversely affected many of  the most vulnerable populations in the U.S. And he took pride in those decisions.

Why should liberals of all people be expected to pay any respect to someone like that?

Agreed. Most lefties are mean, violent, narcissistic babies. Why should we expect them to feel and act like decent human beings during a national tragedy?
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Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,806
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #2 on: February 13, 2016, 06:11:19 PM »

Justice Henry Baldwin died in office on April 21, 1844. He wasn't replaced for more than two years, partly because of partisan gridlock. (read on twitter)

Since then most Supreme's have been confirmed in far shorter periods of time than Obama has left in office. Still very much a weird situation.

Always encouraging when the closest historical parallels come from the period preceding the Civil War.

Exactly. And yet we have hyenas on both sides cheering on the impending collision.
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Mr. Reactionary
blackraisin
Atlas Icon
*****
Posts: 17,806
United States


Political Matrix
E: 5.45, S: -3.35

« Reply #3 on: February 14, 2016, 02:25:06 PM »

If Dems get this pick, Sri Srivasen will restore the voting rights act which will hurt the GOP, especially in 2017-2018 whenvoting drops among Dems. Nevertheless its a setback for concealed weapons carry and campaign  finance reform on the part of conservatives.

It's not like a new majority can just vote to change existing precedent. There has to be an actual case involving Sec. 4 of the VRA, which cannot happen until Congress acts because lower courts will apply stare decisis in the meantime, and stare decisis says that the Sec. 4 formula is unconstitutional as of 2013. Ditto with campaign finance restrictions under BCRA. Yes, a 5-4 lib majority will likely uphold future laws equivalent to those struck down by the conservative majority, but that still requires Congress to make the new law in the first place. And that's not going to happen during the next 2 years. Assuming the Dems take both Houses of Congress and the Presidency in 2016, and also assuming that they somehow manage to force through a magical new VRA formula for preclearance in about a year, it would still only apply prospectively, which does nada for maps already in existence in 2018.

On guns you are right about concealed carry, although I'm actually relieved now that cert. was not granted on the assault weapons case. This term is going to be an abysmal minefield of dysfunctional 4-4 cases. Scalia's death will negatively impact the legal field for a generation because of the unsatisfactory non-precedential decisions. 
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