Justice Kennedy Announces Retirement

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Re: Justice Kennedy Announces Retirement

Post by Doctor X » Thu Sep 06, 2018 7:47 am

shuize wrote:
Thu Sep 06, 2018 7:03 am
IIRC, Roe said states could not completely ban abortions.* In Roe, Blackmun** used a formula that tried to balance the various interests at each of the three "trimesters" of pregnancy.
That is not actually true but often claimed. Check the surviveability during the first trimester. Then check up to, say, 20 weeks. Then discover the wonderful high frequency of interventricular hemorrhages requiring permanent shunting.

The organs simply are not mature enough for "SCIENCE" to sustain them.
Casey simplified matters by dividing things into two stages: Pre-viable and post-viable.
which creates a "bright line" that does not actually exist. Development is a continuum. Nevertheless, sufficient development of the lungs does remain a pretty "bright" line.

Anyways, beyond quibbling:
Now I'm pretty sure the test is no "undue burden" on abortions when the fetus is not viable. But it still rests on Roe's fundamental right to "privacy" re abortions language.
Which I never had a problem with. Those who bitch about the "Right to Privacy" do not understand United States history, particularly relevant to the Revolutionary period, nor the 10th Amendment. I remind them that there is no "Right to Breath" in the U.S. Constitution either. The 10th rather existed for that very reason.
If, in the unlikely event the Court wanted to, I think it could say "That whole fundamental right to 'privacy' thing in the Fourteenth Amendment? Yeah. We were high when we wrote that. Roe and everything that follows is out. States can do whatever the fuck they want to with abortion. Fight it out on the state level and a pox on both your houses."
Then, after drinking the bong water, they would invalidate a number of cases. But if we are in Cloud Cuckoo Land, since the Congress determines the jurisdiction of the Federal Courts, Congress could remove SCOTUS' judicial review. Its ability to declare an act "unconstitutional" is not a power given to it in the U.S. Constitution; it is a power John Jay's court famously declared it had which everyone sort of agrees is a "good idea." However, returning to reality, denial of a Right to Privacy undermines a number of rights that are in U.S. Constitution.

If you have no "Right to Privacy," how can you object to a search? Notice that I did not write "seizure." Frankly, though I dislike the "THE FOUNDING FATHERERERS WOULD HAVE AGREED THAT YOU ARE HITLER!!!" appeals, I rather think if someone raised the subject of privacy, various ones would have thought, "what? Really? We need to put that in? Fine! Madison? You have a quill?"
* Somewhere in the Due Process Clause of the Fourteenth Amendment there is a fundamental right to "privacy." Don't ask anyone to show you the specific wording, just believe them when the tell you "It's there."
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
I suppose you could call privacy a "privilege or immunity."

Again, it was a right too obvious for the Founding Fathers [Tm.--Ed.] to specify. People excoriate Blackmun on his "penumbrae" or whatever, but if the Founding Fathers :freedom: did not value a right to privacy why would they codify rights that are based on it?

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Re: Justice Kennedy Announces Retirement

Post by gnome » Thu Sep 06, 2018 11:55 am

I'm trying to figure out why the party of "limited government" hates the idea so much that the government can't intrude into private behavior without a compelling state interest.

Could it be they only want to stop OTHER people from using the government that way?
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Re: Justice Kennedy Announces Retirement

Post by Abdul Alhazred » Thu Sep 06, 2018 1:31 pm

The "party of limited government"?

When was the last time they even called themselves that? :lmao:
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Re: Justice Kennedy Announces Retirement

Post by Skeeve » Thu Sep 06, 2018 9:29 pm

At Kavanaugh hearing, Cory Booker tells Republicans threatening his expulsion to 'bring it'
[drama]Oh, what balls he has![/drama]
The Supreme Court confirmation hearing for Judge Brett Kavanaugh turned into a fight over Senate rules Thursday morning, with arguments about the release of confidential documents and threats of the possible expulsion of some members.

“Bring it,” said Sen. Cory Booker, D-N.J., in response to a threat made Sen. John Cornyn, R-Texas, that he could be expelled from the Senate if he released documents marked “confidential” to the Senate Judiciary Committee. “Then apply the rule and bring the charges.”

Booker said that he was “knowingly violating the rules” of the Senate and releasing documents that were only made available to senators this week, just before the hearings started. Booker said he would be releasing a document related to Kavanaugh and racial profiling that contained no personal information and was not a national security threat.

Booker’s office later released the document ( read it here ) in which Kavanaugh was critical of some Department of Transportation affirmative action policies.

“The fundamental problem in this case is that these DOT regulations use a lot of legalisms and disguises to mask what is a naked racial set-aside,” wrote Kavanaugh in the 2003 email.

Cornyn said Booker’s possible 2020 presidential aspirations were his motivation for releasing the document, adding that no senator deserved to sit on the committee if they wanted to be a law unto themselves.
Do they plan to run also?

Okay, funs over....

:Popcorn:
Then Skank Of America could start in...

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Re: Justice Kennedy Announces Retirement

Post by Grammatron » Thu Sep 06, 2018 10:15 pm

Democrats don't care about law exhibit Infinity+1

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Re: Justice Kennedy Announces Retirement

Post by Witness » Fri Sep 07, 2018 1:54 am

'Kavanaugh Committed Perjury': New Documents Appear to Show Trump Supreme Court Pick Lied Under Oath Multiple Times

"Maybe there's a reason Senate Republicans tried to keep Kavanaugh's emails secret?"
https://www.commondreams.org/news/2018/ ... -pick-lied for the details.

:mrgreen:

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Re: Justice Kennedy Announces Retirement

Post by shuize » Fri Sep 07, 2018 2:05 am

gnome wrote:
Thu Sep 06, 2018 11:55 am
I'm trying to figure out why the party of "limited government" hates the idea so much that the government can't intrude into private behavior without a compelling state interest.

Could it be they only want to stop OTHER people from using the government that way?
I'm not deeply invested in this, but if you believe abortion is murder, "compelling interest" is easy.

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Re: Justice Kennedy Announces Retirement

Post by corplinx » Fri Sep 07, 2018 2:58 am

The democrats have been everything they criticize Trump for this week. Loud, brash, unhinged, deranged, childish, impulsive, out of touch, untruthful.

This Kavanaugh hearing circus they made is the most childish political theatre we have ever been subjected to.

They do realize... they have set the bar so low now that it will be used against them in kind when they are back in charge?

Jesus titty fucking Christ.

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Re: Justice Kennedy Announces Retirement

Post by Doctor X » Fri Sep 07, 2018 3:41 am

They complained about the Republicans removing the filibuster after they . . . removed the filibuster. They are both hypocrites, but at least the Republicans were not this bad with Kagan who is far less qualified.

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Re: Justice Kennedy Announces Retirement

Post by corplinx » Fri Sep 07, 2018 3:47 am

Scalia gave Kagan the rub. The GOP knew not to overdo it.

Kennedy gave Kav the rub. But... gotta convince the people you've gaslighted into full derangement into thinking you are #resisting so off the circus we go even though everyone knows this is already a done deal.

That's the thing. It's overtly just a giant act. It is more scripted than pro wrestling but not nearly as entertaining.

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Re: Justice Kennedy Announces Retirement

Post by Doctor X » Fri Sep 07, 2018 4:52 am

And I never found pro wrestling entertaining.

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out."--Don
DocX: FTW.--sparks
"Doctor X wins again."--Pyrrho
"Never sorry to make a racist Fucktard cry."--His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone."--clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far."--Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig."--Pyrrho
"Try a twelve step program and accept Doctor X as your High Power."--asthmatic camel
"just like Doc X said." --gnome

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Re: Justice Kennedy Announces Retirement

Post by Anaxagoras » Fri Sep 07, 2018 7:36 am

A fool thinks himself to be wise, but a wise man knows himself to be a fool.
William Shakespeare

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Re: Justice Kennedy Announces Retirement

Post by Grammatron » Fri Sep 07, 2018 8:06 am

It gets more funny.

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Re: Justice Kennedy Announces Retirement

Post by shuize » Fri Sep 07, 2018 8:39 am

I remember thinking Patricia Arquette quite hot in True Romance (1993). Alas, time has not been kind to her. But she seems to have lost weight since she played a medium in that dumb TV show. Sorry to see she's kind of stupid.

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Re: Justice Kennedy Announces Retirement

Post by Abdul Alhazred » Fri Sep 07, 2018 3:58 pm

Well you know it would happen ...

Game Over? Senate Moderates Starting to Line Up Behind Kavanaugh
Town Hall

Very informative, modulo right wing charged language such as calling Democrats you don't hate as much "moderates".
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Re: Justice Kennedy Announces Retirement

Post by corplinx » Fri Sep 07, 2018 10:17 pm

Kavanaugh is a dream come true for Democrats in that of all the people Trump could have picked to appease the GOP, he is so ... conventional. The Trump pick is a pretty reasonable judge and not some kinda of ideological hard liner. They are probably really happy with the pick even though they have to #RESIST for show.

Kavenaugh is a dream come true for Republicans who get to paint Dems who oppose him later on with an innuendo of crypto-racism.

"You gonna vote no against the guy who broke up the white bread good ole boy law clerking system and brought the black students in?"

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Re: Justice Kennedy Announces Retirement

Post by WildCat » Fri Sep 07, 2018 10:36 pm

corplinx wrote:
Fri Sep 07, 2018 10:17 pm
Kavanaugh is a dream come true for Democrats in that of all the people Trump could have picked to appease the GOP, he is so ... conventional. The Trump pick is a pretty reasonable judge and not some kinda of ideological hard liner. They are probably really happy with the pick even though they have to #RESIST for show.
Not for Democrats in 2018. To them the US Constitution is an extremist document, and a judge who abides by it is an existential threat to their agenda. They want a "living" Constitution, one which means whatever they want it to mean.
Do you have questions about God?

you sniveling little right-wing nutter - jj

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Re: Justice Kennedy Announces Retirement

Post by shuize » Fri Sep 07, 2018 11:34 pm

I don't think this is how most conservative judges roll, but regarding that whole living Constitution and Republicans taking notes thing:
What if right-leaning jurists listened to their critics on the left, and adopted a “living Constitution” approach instead of relying on what the Framers understood the text to mean?

https://www.usatoday.com/story/opinion/ ... /98537030/

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Re: Justice Kennedy Announces Retirement

Post by Doctor X » Sat Sep 08, 2018 1:46 am

They all consider it a "living Constitution" when they want it to justify what they "want." They practice eisegesis.

--J.D.
Mob of the Mean: Free beanie, cattle-prod and Charley Fan Club!
"Doctor X is just treating you the way he treats everyone--as subhuman crap too dumb to breathe in after you breathe out."--Don
DocX: FTW.--sparks
"Doctor X wins again."--Pyrrho
"Never sorry to make a racist Fucktard cry."--His Humble MagNIfIcence
"It was the criticisms of Doc X, actually, that let me see more clearly how far the hypocrisy had gone."--clarsct
"I'd leave it up to Doctor X who has been a benevolent tyrant so far."--Grammatron
"Indeed you are a river to your people.
Shit. That's going to end up in your sig."--Pyrrho
"Try a twelve step program and accept Doctor X as your High Power."--asthmatic camel
"just like Doc X said." --gnome

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Re: Justice Kennedy Announces Retirement

Post by shuize » Sat Sep 08, 2018 2:14 am

Doctor X wrote:
Sat Sep 08, 2018 1:46 am
They all consider it a "living Constitution" when they want it to justify what they "want." They practice eisegesis.

--J.D.
Probably so. I used to care about such things. Now I don't really give a shit.