Supreme Court Nom: Gorsuch ... Conservative scale..
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  Supreme Court Nom: Gorsuch ... Conservative scale..
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Author Topic: Supreme Court Nom: Gorsuch ... Conservative scale..  (Read 1409 times)
SCNCmod
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« on: January 31, 2017, 11:22:50 PM »

What areas of the law will Gorsuch be in line with the far right..

(and are there any areas he is not in line with Conservatives?)

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ApatheticAustrian
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« Reply #1 on: January 31, 2017, 11:24:59 PM »

wouldn't be surprised if roe vs wade is crippled so much, it becomes a hollow law.

and this is the death knell for unions in general....well, they and their members made their own bed.
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SCNCmod
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« Reply #2 on: January 31, 2017, 11:26:30 PM »
« Edited: February 01, 2017, 12:29:59 AM by SCNCmod »

The areas conservatives will Love (and will be most troublesome for Dems):

1) Ruling for Hobby Lobby (Employers Do Not have to provide insurance under ACA, that covers Contraceptive like birth control pills) ... (Corporations are people)

2) Giving money to politicians while running campaigns is a "fundamental right" (he definitely is not overturning Citizens United)

3) Opinions and writings indicated is would likely vote to overturn Roe v. Wade

4) Gorsuch wrote "American liberals have become addicted to the courtroom, relying on judges and lawyers rather than elected leaders and the ballot box. (may affect areas involving rights of minorities)"

5) Gorsuch argued in an article that, "American liberals are circumventing the democratic process on issues like gay marriage, school vouchers, and assisted suicide"

6) Ruled against rights of certain individual to form Class Action lawsuits
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MarkD
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« Reply #3 on: January 31, 2017, 11:35:24 PM »

I'd love to say to Gorsuch that American conservatives circumvented the process of determining the winner of a certain presidential election that occurred a little over 16 years ago, based on a decision that was not the slightest bit consistent with the intended meaning of any clause in the Constitution nor the intended meaning of any precedent, and see how Gorsuch responds.

It's not as if I believe Gorsuch is wrong about how liberals have circumvented the democratic process on those issues (and others), but my point is that Bush v. Gore proved to me that Republicans do not appoint better Supreme Court Justices than do Democrats, and Republicans are utter hypocrites about disdaining judicial activism. I mean hypocrisy in that classic sense of an homage that vice pays to virtue; what Republicans have said is wrong about judicial activism is the right thing to say, but Republicans have not practiced what they preached.
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SCNCmod
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« Reply #4 on: February 01, 2017, 12:19:20 AM »

I'd love to say to Gorsuch that American conservatives circumvented the process of determining the winner of a certain presidential election that occurred a little over 16 years ago, based on a decision that was not the slightest bit consistent with the intended meaning of any clause in the Constitution nor the intended meaning of any precedent, and see how Gorsuch responds.

It's not as if I believe Gorsuch is wrong about how liberals have circumvented the democratic process on those issues (and others), but my point is that Bush v. Gore proved to me that Republicans do not appoint better Supreme Court Justices than do Democrats, and Republicans are utter hypocrites about disdaining judicial activism. I mean hypocrisy in that classic sense of an homage that vice pays to virtue; what Republicans have said is wrong about judicial activism is the right thing to say, but Republicans have not practiced what they preached.

I think an important issue/point is that one of the most important functions of the court is to protect the rights of a class of minorities against majorities..  gay marriage is a right of a minority.  A comparison (in the past) may be inter-racial marriage... the democratic process was never going to be able to lead on this issue... it had to inherently fall to the courts.
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publicunofficial
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« Reply #5 on: February 01, 2017, 12:23:27 AM »

I'd love to say to Gorsuch that American conservatives circumvented the process of determining the winner of a certain presidential election that occurred a little over 16 years ago, based on a decision that was not the slightest bit consistent with the intended meaning of any clause in the Constitution nor the intended meaning of any precedent, and see how Gorsuch responds.

It's not as if I believe Gorsuch is wrong about how liberals have circumvented the democratic process on those issues (and others), but my point is that Bush v. Gore proved to me that Republicans do not appoint better Supreme Court Justices than do Democrats, and Republicans are utter hypocrites about disdaining judicial activism. I mean hypocrisy in that classic sense of an homage that vice pays to virtue; what Republicans have said is wrong about judicial activism is the right thing to say, but Republicans have not practiced what they preached.

I think an important issue/point is that one of the most important functions of the court is to protect the rights of a class of minorities against majorities..  gay marriage is a right of a minority.  A comparison (in the past) may be inter-racial marriage... the democratic process was never going to be able to lead on this issue... it had to inherently fall to the courts.

Exactly why I'm against having judges be up for election: The right decision is often an unpopular one, and courts should be a check on mob rule.
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Fusionmunster
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« Reply #6 on: February 01, 2017, 12:33:12 AM »

Hes young Scalia. The Court is back to 4 conservative, 4 liberal, 1 swing.
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Queen Mum Inks.LWC
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« Reply #7 on: February 01, 2017, 12:34:15 AM »

He's right about liberals becoming addicted to the courtroom and circumventing the democratic process.  When the Constitution is wrong on an issue, the remedy should be to amend the Constitution, not twist the Constitution into what you think it should say.  Sure, there's not really any direct harm when you do it in a way that increases individuals' rights; however, once it's acceptable to do, courts do it in ways that aren't so great, and that's how you end up with results like Korematsu v United States and Hamdi v Rumsfeld—both of which were wrongly decided because the judiciary had allowed the Constitution to become too fluid.
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Vcrew192
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« Reply #8 on: February 01, 2017, 12:39:57 AM »

Hes young Scalia. The Court is back to 4 conservative, 4 liberal, 1 swing.

Are you calling Kennedy or Roberts the swing? Roberts gets all the fame for Sebilius but an honest look at Kennedy's track record shows him to be the true moderate on the right half of the bench.
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15 Down, 35 To Go
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« Reply #9 on: February 01, 2017, 12:43:59 AM »

I'm getting emails and seeing stuff on Facebook from conservative interest groups calling for him to be confirmed, so I have confidence that he will do a good job.  It seems that Heritage Action is on board with it, and I have gotten emails from the ACU, Rick Santorum's PAC, and a couple politicians urging support for Gorsuch.
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Fusionmunster
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« Reply #10 on: February 01, 2017, 12:45:46 AM »

Hes young Scalia. The Court is back to 4 conservative, 4 liberal, 1 swing.

Are you calling Kennedy or Roberts the swing? Roberts gets all the fame for Sebilius but an honest look at Kennedy's track record shows him to be the true moderate on the right half of the bench.

The 1 swing justice can either be Kennedy or Roberts depending on which case your looking at.
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Virginiá
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« Reply #11 on: February 01, 2017, 12:45:49 AM »

I wonder what his record on voting rights and gerrymandering is. Is he also in favor of giving Republicans a free pass on voter suppression?
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Pandaguineapig
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« Reply #12 on: February 01, 2017, 12:46:21 AM »

There is speculation that that the appointment of Kennedy's clerk could be to make him more comfortable with retiring after this years term
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Pandaguineapig
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« Reply #13 on: February 01, 2017, 12:50:41 AM »

I wonder what his record on voting rights and gerrymandering is. Is he also in favor of giving Republicans a free pass on voter suppression?
Let me guess, republican gerrymandering in North Carolina and Texas is evil but democratic gerrymandering in Illinois and Maryland is okay?
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publicunofficial
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« Reply #14 on: February 01, 2017, 12:58:30 AM »

Gorsuch being a strong 4th Amendment advocate makes him a solid Scalia replacement. Hardimann's rulings had strongly favored police power. Scalia's civil liberty defenses actually made him my favorite of the three arch-conservative judges.
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Kingpoleon
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« Reply #15 on: February 01, 2017, 01:03:03 AM »

Somewhere between John Roberts and Anthony Kennedy.
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Goldwater
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« Reply #16 on: February 01, 2017, 01:21:36 AM »

I wonder what his record on voting rights and gerrymandering is. Is he also in favor of giving Republicans a free pass on voter suppression?
Let me guess, republican gerrymandering in North Carolina and Texas is evil but democratic gerrymandering in Illinois and Maryland is okay?
Isn't assuming people's views fun? Smiley
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BlueSwan
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« Reply #17 on: February 01, 2017, 01:57:21 AM »

I wonder what his record on voting rights and gerrymandering is. Is he also in favor of giving Republicans a free pass on voter suppression?
Let me guess, republican gerrymandering in North Carolina and Texas is evil but democratic gerrymandering in Illinois and Maryland is okay?
Holy false equivalency Batman! Let's look at the numbers from the 2016 election shall we?

North Carolina:
R= 53,22% of the vote. 76,9% of the seats (10 out of 13)

North Carolina is the poster child for partisan gerrymandering. In a first past the post system, you will almost always expect the majority party to gain a larger majority of the seats that the popular vote margin would suggest. But North Caroline is a swing state. Republicans have a small popular vote margin that results in more than 3 out of 4 seats.

A reasonable distribution of seats in this system, where you will a slim 53% majority would be more like...

Illinois:
D= 53,62% of the vote. 61,1% of the seats (11 out of 18)

A similar PV victory to the dems as the NC win for the GOP, but here a 53% win results in just 61% of the seats, which is far more reasonable.

Granted, Maryland resulted in a blowout for the dems, but in a first past the post system, you will expect a 60% PV win to results in something like a clean sweep for one party, as was the case:

Maryland:
D= 60,43% of the vote. 87,5% of the seats (7 out of Cool

You will see something similar in most southern states. Take South Carolina, where the GOP won with a very similar 60,53% of the vote, yet got 6 out of the 7 seats.

And then we haven't even talked about the numerous states where the democrats won the popular vote yet won fewer seats than the GOP. Like Virginia where dems won 50,22% of the vote, yet only win 4 out of 11 seats.

Gerrymandering is terrible no matter who the perpetrators are, but you'd be crazy to deny the republicans have been the main perpetrators here and the main beneficiaries of gerrymandering.
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elcorazon
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« Reply #18 on: February 01, 2017, 11:46:45 AM »

He is about even, or possibly slightly right of Scalia.
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Gass3268
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« Reply #19 on: February 01, 2017, 11:52:36 AM »

Luckily when it comes to Roe it appears that Kennedy has moved to the left on the matter.
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RFayette
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« Reply #20 on: February 01, 2017, 12:51:48 PM »

Gorsuch is going to be one hell of a Supreme Court Justice. He is the best to fill the mold of Antonin Scalia and he truly understands the Constitution. I definitely believe he won't be an activist judge which is a huge plus for him. I cannot wait to see him on the bench!

This.  I would have preferred Pryor, but Gorsuch is good too.
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Mr. Reactionary
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« Reply #21 on: February 01, 2017, 01:16:01 PM »

Gorsuch being a strong 4th Amendment advocate makes him a solid Scalia replacement. Hardimann's rulings had strongly favored police power. Scalia's civil liberty defenses actually made him my favorite of the three arch-conservative judges.

This is a pretty crucial distinction for me too. My main objection to Garland was that his entire philosophy is based on deference to authority, including the police. Hardiman was way too pro strip search for me.
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KingSweden
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« Reply #22 on: February 01, 2017, 01:59:21 PM »

Gorsuch being a strong 4th Amendment advocate makes him a solid Scalia replacement. Hardimann's rulings had strongly favored police power. Scalia's civil liberty defenses actually made him my favorite of the three arch-conservative judges.

This is a pretty crucial distinction for me too. My main objection to Garland was that his entire philosophy is based on deference to authority, including the police. Hardiman was way too pro strip search for me.

Yup. This (and his Chevron stance) are what made him my hope over a nightmare like Pryor.

Seriously, I've been crossing my fingers for Gorsuch since the election. This is the first thing Trump has done that didn't fill me with shame
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Virginiá
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« Reply #23 on: February 01, 2017, 03:53:19 PM »
« Edited: February 01, 2017, 04:01:50 PM by Virginia »

I wonder what his record on voting rights and gerrymandering is. Is he also in favor of giving Republicans a free pass on voter suppression?
Let me guess, republican gerrymandering in North Carolina and Texas is evil but democratic gerrymandering in Illinois and Maryland is okay?

No, it isn't, and I've stated that in the past on this forum. You don't give anyone any credit, do you?

What I have struggled with is the solution to this problem. Do we aim for a national solution to get everyone at once, or do we go state-by-state? Unilaterally disarming seems foolish, but regardless of how the issue is addressed, gerrymandering by any side is anti-democratic and practically election theft.
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Lincoln Republican
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« Reply #24 on: February 01, 2017, 04:51:33 PM »

Absolutely fabulous pick.
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