Recent Forum Topics › Forums › The Public House › Celebrating Bernie Sanders' Victory in NH
- This topic has 39 replies, 7 voices, and was last updated 8 years, 10 months ago by waterfield.
-
AuthorPosts
-
February 15, 2016 at 1:24 pm #39015wvParticipant
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
vFebruary 15, 2016 at 2:10 pm #39018waterfieldParticipantYes
February 15, 2016 at 6:09 pm #39041ZooeyModeratorOver 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?
February 15, 2016 at 7:46 pm #39051waterfieldParticipantAs 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
February 15, 2016 at 8:08 pm #39053waterfieldParticipantGo 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.
February 15, 2016 at 8:33 pm #39054wvParticipantAs 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)
—————-February 15, 2016 at 9:51 pm #39063waterfieldParticipantI saw Michael Tigar speak at a California Attorneys for Criminal Justice seminar many years ago. Impressive person.
February 15, 2016 at 10:11 pm #39064wvParticipantI 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, 10 months ago by wv.
February 16, 2016 at 12:37 pm #39079waterfieldParticipantAn article discussing what we discussed yesterday: http://www.latimes.com/nation/la-na-supreme-court-politicized-20160216-story.html
February 16, 2016 at 12:46 pm #39080waterfieldParticipantAn article on Scalia’s belief in the “originalism” approach to the Constitution and its meaning.
-
AuthorPosts
- You must be logged in to reply to this topic.