SCOTUS Justice Kennedy Considering Retirement

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mattbbpl

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#1 mattbbpl
Member since 2006 • 23010 Posts

The Supreme Court may be firmly in Republican ideology for a good while.

https://www.washingtonpost.com/news/the-fix/wp/2017/07/03/republicans-just-quietly-got-some-very-good-supreme-court-news/

What kind of impact do you expect this to have?

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horgen

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#2 horgen  Moderator
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Long term implications that are not good for the regular US citizen?

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mattbbpl

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#3  Edited By mattbbpl
Member since 2006 • 23010 Posts

@horgen: Sure, whatever you've got, really. It's all fair game as far as I'm concerned.

Some of the SC court cases take years to get through the system, and I'm sure some users on here are more in tune with what may or may not be coming down the pipe.

Given Gorsuch's recent opinions (and the fact that Kennedy was considered the primary swing vote in such cases) I at least consider it bad news for future social conservative/progressive cases.

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Jacanuk

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#4 Jacanuk
Member since 2011 • 20281 Posts

@horgen said:

Long term implications that are not good for the regular US citizen?

Opposite. The more conservative justices like Scalia tend to be more in tune with the letter of the law and not in favor of letting justices be lawmakers.

But good news, Kennedy and Ginsburg are both well past their prime.

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Solaryellow

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#5 Solaryellow
Member since 2013 • 7034 Posts

@horgen:

Such as?

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deactivated-5b19214ec908b

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#6 deactivated-5b19214ec908b
Member since 2007 • 25072 Posts

@Jacanuk said:
@horgen said:

Long term implications that are not good for the regular US citizen?

Opposite. The more conservative justices like Scalia tend to be more in tune with the letter of the law and not in favor of letting justices be lawmakers.

But good news, Kennedy and Ginsburg are both well past their prime.

Indeed, Scalia's idea that the constitution changes and grows over time was genius :P

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deactivated-5b1e62582e305

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#7 deactivated-5b1e62582e305
Member since 2004 • 30778 Posts

@toast_burner said:
@Jacanuk said:

Opposite. The more conservative justices like Scalia tend to be more in tune with the letter of the law and not in favor of letting justices be lawmakers.

But good news, Kennedy and Ginsburg are both well past their prime.

Indeed, Scalia's idea that the constitution changes and grows over time was genius :P

Jacanuk lost any ounce of credibility he had with that post, lol

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deactivated-5b19214ec908b

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#8 deactivated-5b19214ec908b
Member since 2007 • 25072 Posts

@perfect_blue said:
@toast_burner said:
@Jacanuk said:

Opposite. The more conservative justices like Scalia tend to be more in tune with the letter of the law and not in favor of letting justices be lawmakers.

But good news, Kennedy and Ginsburg are both well past their prime.

Indeed, Scalia's idea that the constitution changes and grows over time was genius :P

Jacanuk lost any ounce of credibility he had with that post, lol

It's amazing how much he projects onto people. If someone is disliked by the left he will love them, but when asked what he likes about them he will always reveal that he has no idea who that person even is. It's a thing of beauty.

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tjandmia

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#9 tjandmia
Member since 2017 • 3723 Posts

Conservatives have you Obamacare and gay marriage. You sure you want more on the SC?

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Zaryia

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#10  Edited By Zaryia
Member since 2016 • 21607 Posts

@Jacanuk said:
@horgen said:

Long term implications that are not good for the regular US citizen?

Opposite. The more conservative justices like Scalia tend to be more in tune with the letter of the law and not in favor of letting justices be lawmakers.

But good news, Kennedy and Ginsburg are both well past their prime.

How would a clear rightward swing (or leftward) in the SC be positive for this country?

Are you so embroiled in party politics that this is actually good news?

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Jacanuk

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#11 Jacanuk
Member since 2011 • 20281 Posts

@toast_burner said:
@Jacanuk said:
@horgen said:

Long term implications that are not good for the regular US citizen?

Opposite. The more conservative justices like Scalia tend to be more in tune with the letter of the law and not in favor of letting justices be lawmakers.

But good news, Kennedy and Ginsburg are both well past their prime.

Indeed, Scalia's idea that the constitution changes and grows over time was genius :P

Ehmm, you clearly got that wrong. But nice try Toast, you planning on going on the road with that act?

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Jacanuk

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#12 Jacanuk
Member since 2011 • 20281 Posts

@toast_burner said:
@perfect_blue said:
@toast_burner said:
@Jacanuk said:

Opposite. The more conservative justices like Scalia tend to be more in tune with the letter of the law and not in favor of letting justices be lawmakers.

But good news, Kennedy and Ginsburg are both well past their prime.

Indeed, Scalia's idea that the constitution changes and grows over time was genius :P

Jacanuk lost any ounce of credibility he had with that post, lol

It's amazing how much he projects onto people. If someone is disliked by the left he will love them, but when asked what he likes about them he will always reveal that he has no idea who that person even is. It's a thing of beauty.

I always find it funny how you and blue loves to turn personal. It´s like debating with a 5year old kid who can´t understand candy before dinner is not good.

But at least you are save in the uk right Toast. oh no wait i guess you most be crying now the uk is going ahead with brexit.

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Jacanuk

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#13 Jacanuk
Member since 2011 • 20281 Posts

@zaryia said:
@Jacanuk said:
@horgen said:

Long term implications that are not good for the regular US citizen?

Opposite. The more conservative justices like Scalia tend to be more in tune with the letter of the law and not in favor of letting justices be lawmakers.

But good news, Kennedy and Ginsburg are both well past their prime.

How would a clear rightward swing (or leftward) in the SC be positive for this country?

Are you so embroiled in party politics that this is actually good news?

How? well opposite liberal justices , the conservatives are more in tune with the constitution and get that there is a separation of power.

Even tho Kennedy was appointed by Reagan.

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Master_Live

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#14 Master_Live
Member since 2004 • 20510 Posts

Good, hopefully he minds tricks Roberts into retiring too. You are never living down that Individual Mandate ruling Roberts, never.

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deactivated-5b1e62582e305

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#15 deactivated-5b1e62582e305
Member since 2004 • 30778 Posts

@Jacanuk said:
@zaryia said:

How would a clear rightward swing (or leftward) in the SC be positive for this country?

Are you so embroiled in party politics that this is actually good news?

How? well opposite liberal justices , the conservatives are more in tune with the constitution and get that there is a separation of power.

Even tho Kennedy was appointed by Reagan.

Can you prove this?

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horgen

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#16 horgen  Moderator
Member since 2006 • 127492 Posts

@Jacanuk: Edit your post instead of posting 3 times in a row... Heads up for next time :)

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Jacanuk

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#17 Jacanuk
Member since 2011 • 20281 Posts

@perfect_blue said:
@Jacanuk said:
@zaryia said:

How would a clear rightward swing (or leftward) in the SC be positive for this country?

Are you so embroiled in party politics that this is actually good news?

How? well opposite liberal justices , the conservatives are more in tune with the constitution and get that there is a separation of power.

Even tho Kennedy was appointed by Reagan.

Can you prove this?

Is that really a question? but i would suggest you read the dissenting response to Obergefell v. Hodges

And that is not the only one, where Liberal justices Sotomayor , Ginsburg etc. tend to be of the opinion that they can be lawmakers.

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deactivated-5b1e62582e305

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#18  Edited By deactivated-5b1e62582e305
Member since 2004 • 30778 Posts

@Jacanuk said:

Is that really a question? but i would suggest you read the dissenting response to Obergefell v. Hodges

And that is not the only one, where Liberal justices Sotomayor , Ginsburg etc. tend to be of the opinion that they can be lawmakers.

Yes, it is. Don't dodge. You made the claim, thus I want proof of your claim that "the conservatives are more in tune with the constitution and get that there is a separation of power." Which dissenting response? There was 4 written in that decision.

I'm not a partisan hack so to me there are examples of both "sides" legislating from the bench. Judicial activism isn't the liberal-only phenomenon you're making it seem.

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Jacanuk

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#19 Jacanuk
Member since 2011 • 20281 Posts

@perfect_blue said:
@Jacanuk said:

Is that really a question? but i would suggest you read the dissenting response to Obergefell v. Hodges

And that is not the only one, where Liberal justices Sotomayor , Ginsburg etc. tend to be of the opinion that they can be lawmakers.

Yes, it is. Don't dodge. You made the claim, thus I want proof of your claim that "the conservatives are more in tune with the constitution and get that there is a separation of power." Which dissenting response? There was 4 written in that decision.

I'm not a partisan hack so to me there are examples of both "sides" legislating from the bench. Judicial activism isn't the liberal-only phenomenon you're making it seem.

There is only one you need to pay attention to.

"But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The people who ratified the Constitution authorized courts to exercise "neither force nor will but merely judgment." The Federalist No. 78, p. 465 (C. Rossiter ed. 1961) (A. Hamilton) (capitalization altered)."

But this is the part you should care about. This is 4 conservative justices agreed upon dissens.

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deactivated-5b1e62582e305

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#20 deactivated-5b1e62582e305
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@Jacanuk said:

There is only one you need to pay attention to.

"But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The people who ratified the Constitution authorized courts to exercise "neither force nor will but merely judgment." The Federalist No. 78, p. 465 (C. Rossiter ed. 1961) (A. Hamilton) (capitalization altered)."

But this is the part you should care about. This is 4 conservative justices agreed upon dissens.

That doesn't answer what I was asking.

I wanted to know why do you think judicial activism or "legislating from the bench" is something only liberal justices do. Because I can think of plenty of examples of conservative justices doing the exact same thing. The late Justice Scalia is known for being a hypocrite in this regard.

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Jacanuk

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#21 Jacanuk
Member since 2011 • 20281 Posts

@perfect_blue said:
@Jacanuk said:

There is only one you need to pay attention to.

"But this Court is not a legislature. Whether same-sex marriage is a good idea should be of no concern to us. Under the Constitution, judges have power to say what the law is, not what it should be. The people who ratified the Constitution authorized courts to exercise "neither force nor will but merely judgment." The Federalist No. 78, p. 465 (C. Rossiter ed. 1961) (A. Hamilton) (capitalization altered)."

But this is the part you should care about. This is 4 conservative justices agreed upon dissens.

That doesn't answer what I was asking.

I wanted to know why do you think judicial activism or "legislating from the bench" is something only liberal justices do. Because I can think of plenty of examples of conservative justices doing the exact same thing. The late Justice Scalia is known for being a hypocrite in this regard.

Actually you are wrong about Scalia, maybe the liberal minded laymen did not like his decisions but among his colleagues he was highly regarded.

https://www.washingtonpost.com/opinions/antonin-scalias-remarkable-legacy/2016/02/14/a845dfc2-d337-11e5-be55-2cc3c1e4b76b_story.html?utm_term=.559afaf483e5 (oh and look it´s the washington post, so its a source you know and love)

https://www.forbes.com/sites/realspin/2016/02/19/justice-antonin-scalia-legacy/#69b23a1d13b4

And what more proof do you want? and please do provide proof of conservative justices making decisions that is going against their principals of not being lawmakers.

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#22 DrLostRib
Member since 2017 • 5931 Posts

well ****