Confirmation hearing of Tmthforu94 for Southern Associate SC Justice (Confirmed)

[President Punxsutawney Phil]

This nomination is now on the floor. Ask away.

[tmthforu94]

I want to thank Governor Leinad for reaching out and nominating me for this position; it truly is an honor. I've spent nearly 8 years in Atlasia, serving nearly every position imaginable, from president to a regional legislator. In terms of the South, I was on the committee that set up our constitution and would do my best in this position to uphold it and ensure that the law is followed. I welcome any questions you all may have.

[Mr. Reactionary]

Welcome. I want to thank you for agreeing to participate in this hearing. I would like to present you with a few general questions related to our constitutionally protected rights, not to ask how you might vote on a potential case, but rather to gauge your broader understanding of constitutional theory.

1.) Broadly speaking, do you believe that protecting freedom of speech might require the carving out of previously protected categories of speech for less protection in the future? Worded differently, is some protected speech inherently less important than other protected speech, and therefore warranting of less protection by the courts?

2.) Broadly speaking, what do you believe an "arm" is within the context of the constitutional right to keep and bear arms. As a follow up, how strictly do you interpret the accompanying phrase "shall not be infringed?"

3.) Broadly speaking, to what extent do you believe the Constitution protects the general privacy rights of citizens?

4.) Broadly speaking,  to what extent do you believe a non-commercial transaction between two persons from the same  region implicates interstate commerce? Worded differently, when generally do you think intrastate activities transmute into interstate commerce which can be regulated by the national government.

5.) Pick your favorite of these 3 and explain why: Perry Mason; Matlock; Alan Shore

6.) Pick your favorite of these 3 and explain why: Atticus Finch; Vincent Gambini; Kevin Lomax

7.) Pick your favorite of these 3 and explain why: Clarence Thomas; Anthony Kennedy; John Harlan II

[tmthforu94]

Thank you for your questions.

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I think all protected free speech should be viewed the same by the courts. I think the greater question that has been recently posed is how to define protected speech. Hate speech has been a prominent subject in our country, and while while many in our nation don’t like what is being said, hate speech inherently is protected free speech. There are limits, such as speech that incites violence, libel or copyright violations. I think with all of these limits, we have precedence to look at in determining future cases. A specific example that I remember studying in college would be Brandenburg v. Ohio, ruling speech that promotes lawless action is not protected.

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I consider “bear arms” as a personal right for Atlasians to own firearms. I think the wording that was adopted in the constitution requires a strict interpretation that I would uphold. There are certain reasonable restrictions in terms of what gun ownership can look like - the prime example I can think of being regions restricting access to hunt animals for support when not in season and only in approved areas for public safety.

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Our Bill of Rights offers a number of protections, such as the privacy of having your own beliefs, warrantless search of your home. I think the Constitution serves to ensure that the government does not infringe on privacy, though I do think that the right to privacy must be weighed with compelling interests of the government. I think any effort to restrict privacy should be carefully weighed and supported as a need for public safety.

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I think it stays as intrastate commerce unless the transaction takes place outside of the region.

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Well, my hometown in Indiana’s motto is “Mayberry of the Midwest” so I have a natural bias towards Andy Griffith/Matlock. What I admire about Matlock is that as a criminal defense attorney, in many episodes he is defending people that the population at-large wants locked away for years. I admire his commitment to justice as he knows that defending these people doesn’t make him popular with neighbors, but it is the right thing to do.

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Going with Atticus Finch - To Kill a Mockingbird was one of my favorite books as a child. For a reason similar to Matlock, I think he showed to be of high integrity and avoided public pressure by arguing that the law and justice should apply equally to everyone, regardless of skin color.

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I’ve always been a fan of Clarence Thomas and think he has played the biggest role in determining my views of the constitution and supporting the original intent of the founders. I would like to note that I think the biggest argument against original intent in America has been the time lapse from when the constitution was ratified. Here in Atlasia, we are working with a constitution that was recently written by many who still play the game and we are able to rely on threads that outline their reasoning for specific clauses. I believe that interpreting the constitution as written is vitally important - if people have disagreements with what is in the constitution, there is a system in place to amend it. An opinion Harlan also had was that people sometimes try to use the judiciary system as a catalyst for change and that is inappropriate - I agree. I wouldn’t use the bench as an advocacy tool to implement changes I felt were necessary in our country.


Please let me know if you require further elaboration on any of these answers or if you have any additional questions. Thank you again.

[Mr. Reactionary]

Thank you for your thoughtful answers. All I have to add, is that I think you will make a fine addition to the Court. I yield my time to my esteemed colleagues, who may have some questions of their own.

[Poirot]

ensure that the law is followed.

That is good to hear
Since there are not many questions at the moment, I will ask some.

Do you think you will be available and have the time to deal with a case when it comes up since it can come up at an unexcpected time.
When and how did you hear about the vacancy for this position.

[tmthforu94]

Do you think you will be available and have the time to deal with a case when it comes up since it can come up at an unexpected time.

I can't promise that there won't be a case down the road that occurs at a time when I am swamped with real life issues, in which it may take several days longer for me to reach a decision. At least for regional cases, that is a challenge that always occurs when there is only one person with the power to make a decision. What I can say is that I understand the importance the judicial system has in Atlasia and I will work to respect all parties' time to ensure every decision is made in a timely manner. I think I have a strong record of activity in this game that backs me up on this.

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Shortly after Justice JBrase resigned, I was on #SouthernChat on Mibbit and the vacancy was brought up. I had a private conversation with the governor where I expressed interest in the position and said that if he nominated me, I would accept. As I said in my opening remarks, being nominated to this position is a true honor - the highest in Atlasia. If confirmed, it is not a position that I will take lightly.

[President Punxsutawney Phil]

Any more questions? Anyone?

[windjammer]

I'm not here to give a judgement, either positive or negative, on the nominee as it isn't my role and that would inappropriate from my part to meddle with the judiciary process.

However, as I have been Chief Justice for someyears now, I think I know pretty well what is required from a Justice in term of activity.

Being a Justice is indeed something that doesn't require a lot of involvement, most of the time. We don't have many cases, if I have to guess, we have a case every 6 months. So, a justice not posting anymore and checking this forum every day or every two days is fine.

However, when there is a case, it requires activity from the Justice. And it can handicapping for the SC, and for the game, when some justices are unavailable for long periods. For example, in the last case, 2 justices were missing, fortunately the last three were unanimous so it didn't matter.

So I hope everyone here understand that being justice doesn't require to be active a lot, except when there is a case where checking the forum at least every day or every 2 days, that is needed.

Best of luck,
WJ

[Adam Griffin]

oh good lord y'all

LEINAD IS A MESS, LEINAD IS A WASTE, LEINAD REALLY IS A BIG FAT MISTAKE

[Vern]

Can we go ahead and vote on this??

[Mr. Reactionary]

Can we go ahead and vote on this??

Seconded

[diptheriadan]

Can we go ahead and vote on this??

Seconded

[President Punxsutawney Phil]

A vote is now open on this nomination. Delegates have 48 hours to vote.
[] aye
[] nay

[Mr. Reactionary]

aye

[diptheriadan]

Aye

[Vern]

aye

[Chunk Yogurt for President!]

aye

[Mr. Reactionary]

4-0-0

Congrats Justice Tmthforu94.

[President Punxsutawney Phil]

By an animonous vote of four ayes and 0 nays, Tmthforu94 has been confirmed as Southern Associate Supreme Court Justice.