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Neil Gorsuch for SCOTUS. Good choice or Bad?

Discussion in 'North American Politics' started by Curious George, Jan 31, 2017.

  1. esmith

    esmith Veteran Member

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    Yes and not only that be confirmed by the Senate. Don't you, or do you have a issue with his record?
     
  2. esmith

    esmith Veteran Member

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    Everyone has an right to their opinions and that is all that was presented. You and those sited in your link did not have a legal leg to support their opinions. You will note the one wording that invalidates their argument

    as you can easily read they do not provide a legal argument.
     
  3. icehorse

    icehorse Well-Known Member
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    Much of the law is based on intention. And many court cases do nothing more than make finer distinctions around the edges. If the law was complete (which it will never be), many court cases would just vanish. Instead, a situation comes up that tests a new cranny of life, and the courts have to figure out what was intended to handle that cranny. So absence of a specific law doesn't mean the action taken is A-okay, it just means we need to dig into it.

    The quote I cited summarized the opinions of hundreds of top lawyers, it's more than just my layman's opinion.
     
  4. esmith

    esmith Veteran Member

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    Therein lies the problem.........opinions.
     
  5. icehorse

    icehorse Well-Known Member
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    Not all "opinions" are of equal value. And ultimately the SC is presumably populated with 9 people whose opinions we think are best.

    So I think the hundreds of collected "opinions" from all of those lawyers, concerning the GOP's stall tactics last year, should count much more heavily than a few congressmen's.
     
  6. Acim

    Acim Revelation all the time

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    I believe Gorsuch was perhaps the best possible choice from Pub perspective that Trump could have gone with.

    If somehow, magically, the LW didn't resist the nomination I would wonder if I were dreaming and in some alternate political reality.
     
  7. esmith

    esmith Veteran Member

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    The Congress is the representatives of the people, lawyers are not (unless they are members of Congress). Therefore all the non-Congress lawyers have no standing in making decisions that affect the entire country. Most lawyers are of the liberal persuasion therefore in my eyes they have no standings.
     
  8. Curious George

    Curious George Veteran Member

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    Not to mention the opinions of the Supreme Court on the tactic. I don't believe even conservative justices approved. But, it is what it happened. Should we stand for similar obstructionism because we would like a different justice?
     
  9. Curious George

    Curious George Veteran Member

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    I would say that if they did approve it would send a message.
     
  10. icehorse

    icehorse Well-Known Member
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    Congress is constrained by the law.
     
  11. icehorse

    icehorse Well-Known Member
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    It's tricky, but I could argue that the people wanted Obama to choose, and that the GOP blocked the people's will. From that angle, obstructionism is a valid option.
     
  12. metis

    metis aged ecumenical anthropologist

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    The Dems will put up a fuss but then let it go through as they're not as repulsive as the Pubs. As Will Rogers said, "I do not belong to any organized party-- I'm a Democrat".
     
  13. icehorse

    icehorse Well-Known Member
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    I'm not a fan of obstructionist activity, but I have to say that I don't feel well represented by my Dem congressmen if they roll over on this. We elected Obama twice and his nominee was consistent with why we voted for him.
     
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  14. esmith

    esmith Veteran Member

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    I assume you are referring to the Merrick Garland nomination.
    I look at it this way, yes the Senate could have taken up the process, then brought his nomination up for a vote and he would have not gotten the 60 votes required. So, it would have been a waste of time but nothing more than a courtesy.
    Yes Obama was elected twice, but he lost the Senate and the House. What does that say about the countries mood. In addition, those that voted for President Trump indicated that the Supreme Court was one of the top two areas of concern.
     
  15. Curious George

    Curious George Veteran Member

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    Not really. He likely would have found some Republican support. He was a good pick.
     
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  16. esmith

    esmith Veteran Member

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    14 Republicans would have had to vote for him and that wasn't about to happen
    Senate make-up Nov 6 2016
    Republicans 54
    Democrats 44
    Independents 2 (normally vote Dem)
     
  17. icehorse

    icehorse Well-Known Member
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    Even if you're prognostication is correct, you're making a "ends justify the means" sort of argument.
     
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  18. Curious George

    Curious George Veteran Member

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    Again, he was a good pick. If they hadn't voted for him it would have been more obstructionist hurting the country for spite of Obama. He would have made the votes. The reason I say this is because otherwise he would have been reviewed. The whole reason for not was to prevent Republicans from this deviation. For someone who favors states rights, you sure have a high regard for Central power.
     
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  19. Mister Emu

    Mister Emu Emu Extraordinaire
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    I certainly hope so; I have heard it suggested that he is an even more strident proponent of the Constitution than Scalia, and closer to Thomas's view. That gives me hope.
     
  20. metis

    metis aged ecumenical anthropologist

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    But Scalia could be and was hypocritical at times, and one example is when the Republican majority on the court interfered with Florida's right to call and go forth with a recount, thus giving the election to Bush. And one of his gun-control statements was beyond bizarre and into Fruit-Cake Land.
     
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