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U.S. Supreme Court Justice Antonin Scalia has died

nytimes.com

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Re: U.S. Supreme Court Justice Antonin Scalia has died

#151

Post by ergothus »

PKop wrote: post #48
nbadg wrote: post #9

Earlier quoted context omitted.

Unlikely to be correct re: nomination, though it's difficult to know how the election will effect the confirmation process, and vice versa. Kagan was nominated May 2010 and confirmed August 2010; Sotomayor was nominated May 2009 and confirmed August 2009. I'm inclined to expect a nomination sooner rather than later, potentially of a candidate with very strong Democratic support. If Republicans oppose the nomination,…

OK, but if they do not oppose, their supporters will not support them in the election. They have a duty and obligation to oppose.

An _incentive_ to oppose I can see. But I see no duty or obligation to not do your job for 11 months just because you don't like it. Brinksmanship may be a common part of the job, but it's not in the job description.

While I believe the immediate announcements are token and positioning (the more obstinate they appear, the better the odds of a more moderate candidate) it doesn't make me LIKE it any better.

Re: U.S. Supreme Court Justice Antonin Scalia has died

#153

Post by notthegov »

I can't escape the thought of him driving to work and getting all his news only from conservative talk radio. And then declaring he literally believes in Satan.

I'm for religious freedom but a Supreme Court judge who literally believes in evil and refuses to read news contrary to his politics beliefs, seems dangerous.

Re: U.S. Supreme Court Justice Antonin Scalia has died

#154

Post by tome »

bradleyjg wrote: post #146
rrggrr wrote: post #25

Scalia was foremost an advocate of judicial restraint, who believed that the further the Courts stretched interpreting law, the more vulnerable the Courts become to the animosities of the Executive and Legislative branches. The Judiciary, Scalia understood, was the least powerful and most vulnerable of the three branches of government, and its strength and influence rests in its artful and judicious use of its very,…

Scalia was foremost an advocate of judicial restraint, who believed that the further the Courts stretched interpreting law, the more vulnerable the Courts become to the animosities of the Executive and Legislative branches. I don't think that's accurate. There is a position, albeit more in the academy than on the bench, that holds that judges should only in the rarest of circumstances hold that the actions of the oth…

> I don't think that's accurate. There is a position, albeit more in the academy than on the bench, that holds that judges should only in the rarest of circumstances hold that the actions of the other branches are unconstitutional. Scalia can't fairly be described as being an adherent of that school.

My understanding was that Scalia himself explicitly claimed to be following this philosophy. What makes you say otherwise?

Re: U.S. Supreme Court Justice Antonin Scalia has died

#155

Post by dlandis »

barney54 wrote: post #141
liquidise wrote: post #45

This will likely result in a major political shift of the court. Even if Obama places a staunch centrist, it will be a net left swing, as Scalia was perhaps the second most conservative justice beside Thomas. There have been a great deal of 5-4 decisions since Sotomayor's nomination that in the future could easily fall the other way.

Senator McConnell has announced that the Senate won't take up a Supreme Court nomination this year. https://pbs.twimg.com/media/CbIYaMiW4AIU4ZB.jpg

That's not really what that quote says. It sounds more like he is expressing an opinion about what should happen.

Re: U.S. Supreme Court Justice Antonin Scalia has died

#156

Post by [deleted] »

barney54 wrote: post #141
liquidise wrote: post #45

This will likely result in a major political shift of the court. Even if Obama places a staunch centrist, it will be a net left swing, as Scalia was perhaps the second most conservative justice beside Thomas. There have been a great deal of 5-4 decisions since Sotomayor's nomination that in the future could easily fall the other way.

Senator McConnell has announced that the Senate won't take up a Supreme Court nomination this year. https://pbs.twimg.com/media/CbIYaMiW4AIU4ZB.jpg

[deleted]

Re: U.S. Supreme Court Justice Antonin Scalia has died

#157

Post by CWuestefeld »

tptacek wrote: post #99
themartorana wrote: post #89

Earlier quoted context omitted.

Obama barely got the ACA through the Court, and that was by a breath. He would not give up the opportunity to make sure it's never that hard again.

I don't follow. It doesn't matter how much Obama wants to replace Scalia (I'm sure: a lot ). He can't. The Senate must consent to his nomination, and is entitled to advise it. And advise it they have: they've decided it should be an issue for the election this year, and the voters should decide.

Which is really a shame. With the entire lot of candidates on both sides ranging from bad to awful, it seems likely to me that this will be one of, if not the, deciding issue in the election.

That's bad, because it will perpetuate party politics. No matter how much people dislike the candidate nominated by their party, they'll think they've got no recourse but to vote for him/her lest they lose the Court.

All the Republicans I know who say they'll vote for Clinton before they'd vote for Trump - and there are plenty of those - won't follow through. The chance we might have had for an olive branch, reaching out of the viper pit of party politics, is now gone.

Re: U.S. Supreme Court Justice Antonin Scalia has died

#158

Post by tptacek »

tome wrote: post #125
tptacek wrote: post #61

Earlier quoted context omitted.

No, "good outcome, bad reasoning" is a pretty common opinion about Obergefell .

Did you mean "Yes"? Otherwise I can't understand what you're trying to say.

Sorry, yes, I meant "yes".

Are you one of those people who says "no, yeah, I mean, yeah" or "yeah, no, I mean, no" a lot? I am.

Re: U.S. Supreme Court Justice Antonin Scalia has died

#159

Post by dang »

orbitur wrote: post #43

He didn't actually say that, and I'm not sure how it spread. However, he's still a terrible person, and here's the quote yours spawned from: “There is no basis in text, tradition, or even in contemporary practice (if that were enough), for finding in the Constitution a right to demand judicial consideration of newly discovered evidence of innocence brought forward after conviction.” edit: This was originally in reply…

> he's still a terrible person

The combination of incivility and internet buzzphrase is toxic for HN. Please don't do this when commenting here, regardless of how you feel about someone.

We detached this subthread from https://news.ycombinator.com/item?id=11096095 and marked it off-topic.

Re: U.S. Supreme Court Justice Antonin Scalia has died

#160

Post by tome »

tptacek wrote: post #158
tome wrote: post #125

Earlier quoted context omitted.

Did you mean "Yes"? Otherwise I can't understand what you're trying to say.

Sorry, yes, I meant "yes". Are you one of those people who says "no, yeah, I mean, yeah" or "yeah, no, I mean, no" a lot? I am.

No, that's pretty common, and I am, yeah.
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