Celebrating Bernie Sanders' Victory in NH

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  • #39015
    Avatar photowv
    Participant

    Over the years the president’s nominee has normally focused on finding someone that both parties can accept. One strategy now would be for Obama to nominate a very liberal judge which then forces the Republicans to reconsider their stalemate on the chance that Clinton-or Sanders win and their stuck with the worst case scenario.

    Did you mean, Obama would nominate a centrist Justice,
    so that the Reps might go along with it, fearing
    Clinton/Sanders might give them someone more on the left?

    Cause that would not surprise me. Ie, Obama
    nominating a ‘centrist’ type.
    (Anything, is better than Scalia, imho, btw)

    w
    v

    #39018
    waterfield
    Participant

    Yes

    #39041
    Avatar photoZooey
    Moderator

    Over the years the president’s nominee has normally focused on finding someone that both parties can accept. One strategy now would be for Obama to nominate a very liberal judge which then forces the Republicans to reconsider their stalemate on the chance that Clinton-or Sanders win and their stuck with the worst case scenario.

    Hey, I have a question for you. And maybe my premise is wrong, but I’d like your opinion.

    Seems to me that there are a number of examples over the years of judges who got appointed to the SC and then drifted to the left. Have you noticed that? And if so, do you have an explanation?

    I don’t know. Maybe I’m imagining it. But Blackmun, Kennedy, Souter?

    #39051
    waterfield
    Participant

    As a criminal defense lawyer I’m surprise at your opinion of Scalia. His “originalism” belief in the constitution actually joined and authored several decisions that gave protection to the accused. Even if he had to hold his nose at the same time.

    http://www.nytimes.com/2016/02/14/us/antonin-scalia-death.html?_r=0

    #39053
    waterfield
    Participant

    Go figure-huh? Remember Eisenhower, a republican placed Earl Warren, the father of a liberal interpretation of the Constitution, on the Court. Kennedy, a Republican, wrote the gay marriage decision. Roberts saved the Affordable Care Act. See the article I posted above in response to a WV post addressing Scalia’s ardent support of the rights of the accused in criminal proceedings.

    We can only hope that jurists will leave their political beliefs at home and make decisions that are consistent with their interpretation of how the Constitution should be interpreted either as an “originalist” or as a living and breathing organism that will flow with the times. (Earl Warren)

    A classic example is the Citizen’s United case. To me the decision goes against everything I believe in from a “personal” and “political” standpoint. But as a lawyer I do understand the “legal” principals behind the decision. Sometimes the law does an injustice to many but it still is the law-until it isn’t.

    #39054
    Avatar photowv
    Participant

    As a criminal defense lawyer I’m surprise at your opinion of Scalia. His “originalism” belief in the constitution actually joined and authored several decisions that gave protection to the accused. Even if he had to hold his nose at the same time.

    http://www.nytimes.com/2016/02/14/us/antonin-scalia-death.html?_r=0
    ——————————

    Nah, he was the devil. He did hideous, hideous
    things to poor people and to the bio-sphere.

    Sometimes even the Devil does some things i might
    agree with — Like, i remember William F Buckley liked
    peanut butter. He wrote a column on it. And i agreed with him 🙂

    …We just have fundamentally different views of the “law”
    and where it comes from and what it is, W. I agree
    with the thoughts below. You have a different view.

    w
    v
    “In practice legal mythology is primarily directed at obscuring
    the bitter struggle between the classes and at articulating in
    consciousness the view that law is unaligned with any interests…
    …law can be characterized in its modern period, by the
    conscious camouflaging of interests…expressing in human
    relationships on one hand, while hiding its relation to
    economics institutions on the other…legal theorists believe
    ‘will’, rather than material conditions to be the basis of law. …
    the state is the political form through which the ruling class
    controls and mediates class antagonisms…..law is fundamentally
    class law….. M.E. Tigar (“radical lawyers”)

    “The law is therefore a regulation of equality among unequals.
    For those who believe the official slogans of the ruling class
    — that we are a government of laws and not men,
    and that our system guarantees equal protection —
    Anatole France once answered by describing how
    “the law, in its majestic equality, forbids the rich as well
    as the poor from sleeping under the bridge.” …the law is an
    expression of political ideology and propaganda as well as
    an instrument of oppression….”
    M.E. Tigar (radical lawyers)
    —————-

    #39063
    waterfield
    Participant

    I saw Michael Tigar speak at a California Attorneys for Criminal Justice seminar many years ago. Impressive person.

    #39064
    Avatar photowv
    Participant

    I saw Michael Tigar speak at a California Attorneys for Criminal Justice seminar many years ago. Impressive person.

    I would have liked to have met him. I think he did work
    for the Black Panthers at some point in the 60s.

    We ‘do’ agree on the importance of surfing, W 🙂

    w
    v

    • This reply was modified 8 years, 9 months ago by Avatar photowv.
    #39079
    waterfield
    Participant
    #39080
    waterfield
    Participant

    An article on Scalia’s belief in the “originalism” approach to the Constitution and its meaning.

    http://www.lawyerherald.com/articles/33980/20160215/justice-antonin-scalias-gift-originalism-textualism-american-legal-thought.htm

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