My thinking is that Kennedy will step down when he feels like it. I don’t get the impression he cares who is president nor who his successor might be. He could literally step down tomorrow or two years from now.
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HYPOTHETICAL SITUATION: Scalia dies or retires and is replaced by someone like Sotomayor (or further left).
QUESTION: What is the process by which the more damaging decisions of the Roberts court could be reversed? How likely is it that they would, given that Latin-named legal philosophy Roberts lied about during his confirmation - stare decisis - or whatever it was - by which a decision is grandfathered even after the court is repopulated by people who disagree with it?
There was no need to filibuster Clarence Thomas. He was confirmed by a vote of 52-48, and 11 Democrats voted for him. Do the math. The Democrats actually actively helped putting Thomas onto the Supreme Court.
The hall of shame can be found at http://en.wikipedia.org/wiki/Clarence_Thomas_Supreme_Court_nomination At least one of them, Sen. Dixon (D-IL) lost his primary as a direct result of his vote.
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Correction: the rich white man. There is no evidence that Justice Thomas gives a damn about the poor white man. The poor white man is on par with women, minorities, gays. I.e. he doesn’t exist in the Thomas universe, and he certainly has no constitutional rights worth mentioning.
The Supreme Court is polarized so much so that some of the members of the bench may be identified with the Tea Party, the extreme right flank of the GOP. I am not sure whether the Justices helped the ‘extreme rights’ by siding with them but it is undoubtedly clear that some of their rulings have partisan flavor.
That may be the only way out to get rid of those ‘activist’ Justices.
That would be completely up to the justices, who follow stare decisis when they feel like it and disregard it when they don’t. Certainly Citizens United and the likes have not acquired the patina of old age like Miranda has, which was actually upheld despite expectations to the contrary.
The process? Once the composition of the court has changed, people will bring new law suits to the lower courts, and then they will move up and reach the Supremes in due time.
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Stare decisis is not “grandfathered” as such, but justices have usually given past decisions deference as a guiding principle.
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True, but remember they have to be granted cert.
If you rearrange Clarence Thomas you get Self Loathing Black Man.
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If and when people start talking about support for a Biden presidency in the same breath as they criticize the possibility of a Hillary Clinton presidency, they must remember this. Biden was a willing accomplice in getting Thomas confirmed. He loved to hear himself talk too much to want to listen to more damning testimony about Thomas, and told him “he had the benefit of the doubt.” It was a shameful moment particularly for people who remember how Ted Kennedy mauled the right-wing Bork.
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Won’t be any reason for his clients to keep paying him bribes for his votes through wife Ginny Thomas’ “consulting” outfit. So yes, Thomas is likely to go if Scalia pops his clogs.
Given the map for Republicans, the most likely outcome is a 7-2 liberal court. Which will be game over for the GOP.
The senators elected this time round are all but certain to vote for at least one new justice in the next 6 years.
The Scotus, as a result of the Republican party being driven insane by a black president, is currently by far the most powerful branch of govt. They - in a few months - have radically and irresponsibly changed American life.
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How could anything this important ever be left to the teabagging right wing to decide?
They shouldn’t be able to pick their noses, let alone Supreme Justices.
I wonder if I can get a prescription for, election dysfunction : ) Hah!
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Where the hell have you been? Missed you.
If the right wing gets more judges on the court, then it’s back to the 1850’s.
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We just have to vote for the lesser of two evil political parties instead of a third party. Consider the consequences if we don’t!
Of course, the consequences are not having an evil government.
This is why we have to swallow our gripes with whoever wins the 2016 nomination and just try to win. Just keep reminding whiners that the court is at stake.
Yeah, actually I do. It has gotten all to common for the Right to darkly hint that they are on the brink of an armed uprising. Or that the only way to solve social problems is that more people should conceal carry.
I am rather sick of it.
So you respond by doing the same thing? Makes sense.