Discussion: The Key Legal Issues Anthony Kennedy's Retirement Suddenly Puts In Play

Something like 70% of Americans don’t want Roe overturned.

This is a great campaign issue for Democrats----pin Republican candidates down and make them state their opinion. Then make them squirm by mentioning it every hour of every day.

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Tell me about it. I have three teens at home. It’s beyond heartbreaking.

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Sonofabitch cares more about himself than the Republic.

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Here is a problem with this sort of thinking: gerrymandering is allowed thanks to “conservative” SCOTUS. We win. And start winning everywhere. And we have this gerrymandering thing in our hands… A gift from the “conservative” SCOTUS. Hmmm…

I am not a partisan, but Mitch and Republicans are stupid, if they think, as they appear to, that a stick has only one end.

They are simply being stupidly obstructive. There is nothing new about that. There is nothing unusual about that. That’s not a legacy, that’s a short term reprieve. From inevitable.

Also, they are betting Thomas is going to live for a decade. The man likes his stakes, inactivity, and looks like cholesterol is oozing from his ears. Ginsburg will outlive him twice.

Take a breath everyone. Not doomed. Not the end of the world. Now - let’s go back to work instead of fretting online. There is a Republic to be saved.

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Except that he and his immediate family will probably be fine. The arc of the moral universe may bend towards justice, but it is so long that it tends to miss the worst offenders.

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It definitely won’t be easy, but I’ve heard arguments that seem compelling to me that given the amount of power the Court wields, we really need more than just 9 men and women to act as the final arbiters of justice. Having a larger panel of Justices broadens the experience on the Court which in a functioning system, may allow for people influencing each other’s opinions when they come to a consensus.

Just because it tried and failed before doesn’t mean that it can’t happen now. FDR’s attempt to pack the courts were under a very different set of circumstances and if the Democrats make large gains in 2018 and 2020, given the manner in which Gorsuch came to the court and the stigma whoever succeeds Kennedy will have, there could be more of an appetite for a court-packing remedy. Particularly, if there’s a compelling legal argument alongside it, outlining why we need more Justices on the Court just in terms of increasing the diversity of opinion and experience.

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Though I disagree with many of Kennedy’s opinions, he seems to be that rare conservative who is not a moron or a mere stooge.

So, I’m hoping that he just reads the papers, follows the news and sees what happens.

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No, we’re not.

They would like nothing better than having us give up. This is a well-funded minority who’s trying to shove its views about this country down our throats.

Fuck’em.

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They’ve probably got more money than we do, but we’ve got more votes.

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Trump’s appointment will end legal abortion in America. Schumer needs to apply pressure to the two Republicans who can stop this if Democrats hold the line: Murkowski and Collins. If they fold, they will have denied women now and in the future the right to end their pregnancies. Not a great legacy for two pro-choice legislators.

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I worry also about a ban on birth control. Very depressing day. The end of public employee unions. Next they will come for other unions.

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Really striking how Kennedy’s announcement has obliterated any discussion of all the horrific decisions he’s signed on to the last few days. Well done.

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Actually, one of the reasons this targeted the public sector unions was because the other unions have already been pummeled by prior decisions. The public sector unions were one of the last bastions of strength for workers’ rights. This decision helps to carve away at that last bulwark.

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Packing the court did not succeed, but one of the justices did change his subsequent votes and allowed FDR to prevail.

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Thanks for the info. In 10 years income inequality will be much worse.

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Trump already has a 2020 campaign started and also actively campaigning, so the McConnell Rule must prevail. No hearing or vote until after the voters decide in 2020

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Now this - THIS - is just bloody depressing.

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From here on out, it’s going to be a long job of organizing, just as the old union folks knew. Figure out what works, do what you can. Then more.

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It’s about a woman having a choice. Her choice. Not some scold out there telling her what she has to do.

This will affect more than choice, however. Women and minorities are second-class citizens to these neanderthals. I talked to a friend last night. She’s a republican, a single mom, and when I said that the #metoo movement hasn’t moved the needle. she absolutely agreed with that. She’s getting crap from a new male boss who passed her over for a promotion.

She didn’t even know this bank (specializing in mortgages) was promoting people. She does now, she’s angry, but she supposedly has been promised a promotion in January.

Gah!

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Pretty much any case that pits individuals, the powerless, and the poor against corporations, the powerful, and the wealthy will continue to be decided for the latter 5-4, the constitution and precedent be damned. For 10-20 years to come. Assuming Ginsberg and Breyer hang in there. If either one of them departs before January of 2021, add another ten years. Add to that four years of unrestrained Trump appointments to the federal bench, after six years of obstruct and delay on Obama’s nominations, and the future of individual rights and power in this country, unless we are talking sticking something to somebody usually not white male, and differentially less powerful to begin with, looks pretty bleak.

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