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Supreme Court Vacancy

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    RedTideRedTide Registered User regular
    Couscous wrote: »
    Chris Cillizza is the biggest hack in journalism.

    Senate GOPers are faced with a choice between an unstoppable force (McConnell's promise of a floor vote for whoever he Trump picks) and an immoveable object (their well-documented opposition to just such a scenario back in 2016)
    It must be hard to be this willfully ignorant.

    This take was dated before this dope hit send

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    spool32spool32 Contrary Library Registered User regular
    This is the worst year in American history since 1929.

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    silence1186silence1186 Character shields down! As a wingmanRegistered User regular
    spool32 wrote: »
    This is the worst year in American history since 1929.

    Honestly it's vying for worst of all time, to be eclipsed only by subsequent years.

    The worst part is the horrible feeling of powerlessness to stop our lives, our country, and the world from proceeding down this course.

    Honest question for the thread: I know there were folks who were opposed to court packing for various reasons before today, has this changed your thinking on the matter?

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    OmnomnomPancakeOmnomnomPancake Registered User regular
    Make every United States' Citizen over 18 a supreme court justice.

    Now you have a national plebiscite and an active referendum device.

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    Johnny ChopsockyJohnny Chopsocky Scootaloo! We have to cook! Grillin' HaysenburgersRegistered User regular
    Couscous wrote: »
    Chris Cillizza is the biggest hack in journalism.

    Senate GOPers are faced with a choice between an unstoppable force (McConnell's promise of a floor vote for whoever he Trump picks) and an immoveable object (their well-documented opposition to just such a scenario back in 2016)
    It must be hard to be this willfully ignorant.

    Kayfabe must be maintained at all times.

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    Jealous DevaJealous Deva Registered User regular
    Make every United States' Citizen over 18 a supreme court justice.

    Now you have a national plebiscite and an active referendum device.

    The problem is that there are legitimately judicial issues that need a court to decide. You don’t want a national plebiscite on contract law issues or prisoners rights or whatever. But our current supreme court does this, and serves as a 3rd legislative “upper upper house” as well, and that’s not really ideal, even though it has essentially been the case since pre-civil war times.

    I don’t know if its as big of a deal really though as people are making it out to be, there’s a lot that a united congress and president can legally do to reign in a runaway court if it becomes a problem. They would mean blasting away at norms but we are past that anyway. The big focus right now needs to be focusing the anger on getting a democratic president and senate. From there the supreme court can be dealt with as needed over the next 2 years

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    ChanusChanus Harbinger of the Spicy Rooster Apocalypse The Flames of a Thousand Collapsed StarsRegistered User regular
    The Supreme Court's power is overemphasized currently because the other two branches of government are (at times willfully) dysfunctional and non-functioning. It is bad to have a 6-3 conservative Supreme Court for sure, but it's effect would be greatly lessened by a Congress willing to actually enact laws and regulations.

    The fight for the courts is lost for a generation already because Democrats were unwilling to fight the battles Republicans fought over the last 10+ years. There are entirely ways to survive that, however, and I hope the Democratic Party has learned the necessary lessons.

    Allegedly a voice of reason.
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    BigJoeMBigJoeM Registered User regular
    spool32 wrote: »
    This is the worst year in American history since 1929.

    Try 1877. The US let the white supremacist fascists live and regroup and we still haven't gotten back the gains that were made at the end of the Civil War.


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    spool32spool32 Contrary Library Registered User regular
    spool32 wrote: »
    This is the worst year in American history since 1929.

    Honestly it's vying for worst of all time, to be eclipsed only by subsequent years.

    The worst part is the horrible feeling of powerlessness to stop our lives, our country, and the world from proceeding down this course.

    Honest question for the thread: I know there were folks who were opposed to court packing for various reasons before today, has this changed your thinking on the matter?

    I'm still unmoved, but I'm too upset over the current situation to really dig in.

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    CouscousCouscous Registered User regular
    edited September 2020
    When Congress is unwilling or unable to do anything to stop the President's horrific actions, that leaves the SCOTUS as far as direct legal measures go. If none of them are willing to do anything to stop the President's horrific actions almost no matter how illegal they are, that leaves everything in a much worse position. The remaining means of restricting the president's powers ends up being much more indirect such as protests and only works if the president is willing to give a shit.

    Edit: Basically the SCOTUS up to now was favorable to Trump. Many of the losses were simply because Trump and his administration were too incompetent to set up a plausible enough pretext for the Court to at least pretend to buy it or too obviously against previous decisions. Now what is to stop from killing off the ACA and other conservative bugbears?

    Couscous on
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    DarkewolfeDarkewolfe Registered User regular
    Chanus wrote: »
    The Supreme Court's power is overemphasized currently because the other two branches of government are (at times willfully) dysfunctional and non-functioning. It is bad to have a 6-3 conservative Supreme Court for sure, but it's effect would be greatly lessened by a Congress willing to actually enact laws and regulations.

    The fight for the courts is lost for a generation already because Democrats were unwilling to fight the battles Republicans fought over the last 10+ years. There are entirely ways to survive that, however, and I hope the Democratic Party has learned the necessary lessons.

    Problem is this isn't going to happen. We're in the slow death of our democracy, and we're just holding it together as long as we can. Some things like SCOTUS have helped with this. Congress will never function properly again, though.

    What is this I don't even.
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    CouscousCouscous Registered User regular
    We were put in this position of power and importance to make decisions for the people who so proudly elected us, the most important of which has long been considered to be the selection of United States Supreme Court Justices. We have this obligation, without delay!
    Pretending the Senate is representative of the US electorate when a majority did not vote a GOP senator in 2018 and the Democratic share of the popular vote actually increased is infuriating.

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    TetraNitroCubaneTetraNitroCubane The Djinnerator At the bottom of a bottleRegistered User regular
    The most infuriating, depressing aspect of this - The one that has me despondent to the point of absolutely giving up on hope - is how many people are loudly and happily celebrating this as a way to "Take back America". It's not a small number.

    The repeal of basic civil rights for "the right people" is a cause for celebration in this country, and that's all you really need to know about how hopeless our situation is.

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    ShivahnShivahn Unaware of her barrel shifter privilege Western coastal temptressRegistered User, Moderator mod
    Couscous wrote: »
    We were put in this position of power and importance to make decisions for the people who so proudly elected us, the most important of which has long been considered to be the selection of United States Supreme Court Justices. We have this obligation, without delay!
    Pretending the Senate is representative of the US electorate when a majority did not vote a GOP senator in 2018 and the Democratic share of the popular vote actually increased is infuriating.

    Yeah, the statement that "Americans put Republicans in more power in the senate in 2018, so obvs we have a mandate" is so infuriating. In the better measure (the house), Republicans got fucking crushed. It's obvious to anyone who cares to look. Grr.

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    SurfpossumSurfpossum A nonentity trying to preserve the anonymity he so richly deserves.Registered User regular
    Technically he's saying that they're doing this for the subset of Americans who voted for them ("the people who so proudly elected us").

    Whether or not he meant to say that, who knows. It's honest, even if accidentally.

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    DacDac Registered User regular
    I mean the Senate Majority Leader also has the duty and obligation to actually schedule votes on bills, but we've seen how that turned out.

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    CouscousCouscous Registered User regular
    A majority of SCOTUS justices will be justices appointed by presidents who got into office with less votes than their opponents.

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    shrykeshryke Member of the Beast Registered User regular
    edited September 2020
    Chanus wrote: »
    The Supreme Court's power is overemphasized currently because the other two branches of government are (at times willfully) dysfunctional and non-functioning. It is bad to have a 6-3 conservative Supreme Court for sure, but it's effect would be greatly lessened by a Congress willing to actually enact laws and regulations.

    The fight for the courts is lost for a generation already because Democrats were unwilling to fight the battles Republicans fought over the last 10+ years. There are entirely ways to survive that, however, and I hope the Democratic Party has learned the necessary lessons.

    The things that led to the last attempt at court packing suggests that, while you are correct to some extent, their effect would still be huge even if Congress was functional. They are hacks and will rewrite the law as they see fit. Look at that ridiculous ACA case going through the system. That's the kind of shit that set FDR off.

    But yeah, the Democrats have lost the court because they have never bothered to fight for it. And that's not the politicians there, that's the voters that didn't come out to the polls and fight for it the way the Republican base did. You can see during this whole Trump term how seriously they take control of the courts.

    shryke on
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    MagellMagell Detroit Machine Guns Fort MyersRegistered User regular
    shryke wrote: »
    Chanus wrote: »
    The Supreme Court's power is overemphasized currently because the other two branches of government are (at times willfully) dysfunctional and non-functioning. It is bad to have a 6-3 conservative Supreme Court for sure, but it's effect would be greatly lessened by a Congress willing to actually enact laws and regulations.

    The fight for the courts is lost for a generation already because Democrats were unwilling to fight the battles Republicans fought over the last 10+ years. There are entirely ways to survive that, however, and I hope the Democratic Party has learned the necessary lessons.

    The things that led to the last attempt at court packing suggests that, while you are correct to some extent, their effect would still be huge even if Congress was functional. They are hacks and will rewrite the law as they see fit. Look at that ridiculous ACA case going through the system. That's the kind of shit that set FDR off.

    But yeah, the Democrats have lost the court because they have never bothered to fight for it. And that's not the politicians there, that's the voters that didn't come out to the polls and fight for it the way the Republican base did. You can during this whole Trump term how seriously they take control of the courts.

    Except the majority of people in the country have voted for Democrats for the past 20 years, its not the voters fault the electoral college fucks them over.

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    Kipling217Kipling217 Registered User regular
    spool32 wrote: »
    This is the worst year in American history since 1929.

    Dude, 1929 wasn't this bad. All it had was an economic collapse. 2020 has had a Pandemic, Economic collapse(due to shit handling of the Pandemic), Riots and now a major constitutional crisis in the making.

    I don't want to go all Doom, but.... DOOOOOOOM, DOOOOOOM..... DOOOOOOOOOM!!!!!1

    Sorry, had to get that out of my system. I am good now.

    The sky was full of stars, every star an exploding ship. One of ours.
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    shrykeshryke Member of the Beast Registered User regular
    Couscous wrote: »
    We were put in this position of power and importance to make decisions for the people who so proudly elected us, the most important of which has long been considered to be the selection of United States Supreme Court Justices. We have this obligation, without delay!
    Pretending the Senate is representative of the US electorate when a majority did not vote a GOP senator in 2018 and the Democratic share of the popular vote actually increased is infuriating.

    I mean, yes the Senate is not representative. But it's never been representative and that's the point of the Senate. And this has always been it's job. The thing is that the Republicans filling the position this year is how the system is supposed to work.

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    OmnomnomPancakeOmnomnomPancake Registered User regular
    edited September 2020
    1929 did not have the scent of civil war.

    OmnomnomPancake on
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    SmrtnikSmrtnik job boli zub Registered User regular
    edited September 2020
    shryke wrote: »

    But yeah, the Democrats have lost the court because they have never bothered to fight for it. And that's not the politicians there, that's the voters that didn't come out to the polls and fight for it the way the Republican base did. You can during this whole Trump term how seriously they take control of the courts.

    But Biden doesn't innnnspiiiire meee
    friggin geese

    Smrtnik on
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    QuidQuid Definitely not a banana Registered User regular
    Came out of the woods this morning to see this.

    I’m going to go back in to the woods and scream in to my sleeping bag.

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    CouscousCouscous Registered User regular
    Fairly not-radical people were calling for Breyer and Ginsburg to retire.

    This was 2014:
    https://www.theguardian.com/commentisfree/2014/feb/14/ruth-bader-ginsburg-retire-liberal-judge
    Ruth Bader Ginsburg should do all liberals a favor and retire now
    Michael Cohen
    Fri 14 Feb 2014 08.30 EST

    2013:
    https://newrepublic.com/article/115973/ruth-bader-ginsburg-should-retire-supreme-court
    December 18, 2013
    Marc Tracy
    Justice Ginsburg Is Wrong: She Should Step Down

    2011:
    https://newrepublic.com/article/87543/ginsburg-breyer-resign-supereme-court
    Randall Kennedy
    April 28, 2011
    The Case for Early Retirement
    Why Justices Ginsburg and Breyer should retire immediately.
    For whatever reason, there was a sizeable segment of the left that seemed to assume the SCOTUS wasn't a huge issue in 2016 while the right seemed to care a lot more about it.

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    shrykeshryke Member of the Beast Registered User regular
    Magell wrote: »
    shryke wrote: »
    Chanus wrote: »
    The Supreme Court's power is overemphasized currently because the other two branches of government are (at times willfully) dysfunctional and non-functioning. It is bad to have a 6-3 conservative Supreme Court for sure, but it's effect would be greatly lessened by a Congress willing to actually enact laws and regulations.

    The fight for the courts is lost for a generation already because Democrats were unwilling to fight the battles Republicans fought over the last 10+ years. There are entirely ways to survive that, however, and I hope the Democratic Party has learned the necessary lessons.

    The things that led to the last attempt at court packing suggests that, while you are correct to some extent, their effect would still be huge even if Congress was functional. They are hacks and will rewrite the law as they see fit. Look at that ridiculous ACA case going through the system. That's the kind of shit that set FDR off.

    But yeah, the Democrats have lost the court because they have never bothered to fight for it. And that's not the politicians there, that's the voters that didn't come out to the polls and fight for it the way the Republican base did. You can during this whole Trump term how seriously they take control of the courts.

    Except the majority of people in the country have voted for Democrats for the past 20 years, its not the voters fault the electoral college fucks them over.

    If you actually look at messaging, it's not even close to comparable.

    And shit, there was a fucking seat literally on the line in 2016 in the most obvious way imaginable. And it didn't motivate shit.

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    MagellMagell Detroit Machine Guns Fort MyersRegistered User regular
    Couscous wrote: »
    Fairly not-radical people were calling for Breyer and Ginsburg to retire.

    This was 2014:
    https://www.theguardian.com/commentisfree/2014/feb/14/ruth-bader-ginsburg-retire-liberal-judge
    Ruth Bader Ginsburg should do all liberals a favor and retire now
    Michael Cohen
    Fri 14 Feb 2014 08.30 EST

    2013:
    https://newrepublic.com/article/115973/ruth-bader-ginsburg-should-retire-supreme-court
    December 18, 2013
    Marc Tracy
    Justice Ginsburg Is Wrong: She Should Step Down

    2011:
    https://newrepublic.com/article/87543/ginsburg-breyer-resign-supereme-court
    Randall Kennedy
    April 28, 2011
    The Case for Early Retirement
    Why Justices Ginsburg and Breyer should retire immediately.
    For whatever reason, there was a sizeable segment of the left that seemed to assume the SCOTUS wasn't a huge issue in 2016 while the right seemed to care a lot more about it.

    Its because the Democrats didn't have to repeal anything through the Supreme Court. The Republicans have a more vested interest in changing the rulings they don't like.

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    shrykeshryke Member of the Beast Registered User regular
    Magell wrote: »
    Couscous wrote: »
    Fairly not-radical people were calling for Breyer and Ginsburg to retire.

    This was 2014:
    https://www.theguardian.com/commentisfree/2014/feb/14/ruth-bader-ginsburg-retire-liberal-judge
    Ruth Bader Ginsburg should do all liberals a favor and retire now
    Michael Cohen
    Fri 14 Feb 2014 08.30 EST

    2013:
    https://newrepublic.com/article/115973/ruth-bader-ginsburg-should-retire-supreme-court
    December 18, 2013
    Marc Tracy
    Justice Ginsburg Is Wrong: She Should Step Down

    2011:
    https://newrepublic.com/article/87543/ginsburg-breyer-resign-supereme-court
    Randall Kennedy
    April 28, 2011
    The Case for Early Retirement
    Why Justices Ginsburg and Breyer should retire immediately.
    For whatever reason, there was a sizeable segment of the left that seemed to assume the SCOTUS wasn't a huge issue in 2016 while the right seemed to care a lot more about it.

    Its because the Democrats didn't have to repeal anything through the Supreme Court. The Republicans have a more vested interest in changing the rulings they don't like.

    The Democrats have always had a vested interest in things not getting repealed though. Just for starters. Control of the SCOTUS has never not been important during our lifetimes, but you wouldn't know it judging by the differing approaches both sides use.

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    MagellMagell Detroit Machine Guns Fort MyersRegistered User regular
    shryke wrote: »
    Magell wrote: »
    Couscous wrote: »
    Fairly not-radical people were calling for Breyer and Ginsburg to retire.

    This was 2014:
    https://www.theguardian.com/commentisfree/2014/feb/14/ruth-bader-ginsburg-retire-liberal-judge
    Ruth Bader Ginsburg should do all liberals a favor and retire now
    Michael Cohen
    Fri 14 Feb 2014 08.30 EST

    2013:
    https://newrepublic.com/article/115973/ruth-bader-ginsburg-should-retire-supreme-court
    December 18, 2013
    Marc Tracy
    Justice Ginsburg Is Wrong: She Should Step Down

    2011:
    https://newrepublic.com/article/87543/ginsburg-breyer-resign-supereme-court
    Randall Kennedy
    April 28, 2011
    The Case for Early Retirement
    Why Justices Ginsburg and Breyer should retire immediately.
    For whatever reason, there was a sizeable segment of the left that seemed to assume the SCOTUS wasn't a huge issue in 2016 while the right seemed to care a lot more about it.

    Its because the Democrats didn't have to repeal anything through the Supreme Court. The Republicans have a more vested interest in changing the rulings they don't like.

    The Democrats have always had a vested interest in things not getting repealed though. Just for starters. Control of the SCOTUS has never not been important during our lifetimes, but you wouldn't know it judging by the differing approaches both sides use.

    I know, but its easier to enthuse people with the promise of electing Trump to get a conservative court and repealing Roe V Wade, than it is saying elect Biden and things will stay the same.

    Plus Democrats don't view the Supreme Court as an overtly political roll and appoint qualified judges.

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    shrykeshryke Member of the Beast Registered User regular
    Magell wrote: »
    shryke wrote: »
    Magell wrote: »
    Couscous wrote: »
    Fairly not-radical people were calling for Breyer and Ginsburg to retire.

    This was 2014:
    https://www.theguardian.com/commentisfree/2014/feb/14/ruth-bader-ginsburg-retire-liberal-judge
    Ruth Bader Ginsburg should do all liberals a favor and retire now
    Michael Cohen
    Fri 14 Feb 2014 08.30 EST

    2013:
    https://newrepublic.com/article/115973/ruth-bader-ginsburg-should-retire-supreme-court
    December 18, 2013
    Marc Tracy
    Justice Ginsburg Is Wrong: She Should Step Down

    2011:
    https://newrepublic.com/article/87543/ginsburg-breyer-resign-supereme-court
    Randall Kennedy
    April 28, 2011
    The Case for Early Retirement
    Why Justices Ginsburg and Breyer should retire immediately.
    For whatever reason, there was a sizeable segment of the left that seemed to assume the SCOTUS wasn't a huge issue in 2016 while the right seemed to care a lot more about it.

    Its because the Democrats didn't have to repeal anything through the Supreme Court. The Republicans have a more vested interest in changing the rulings they don't like.

    The Democrats have always had a vested interest in things not getting repealed though. Just for starters. Control of the SCOTUS has never not been important during our lifetimes, but you wouldn't know it judging by the differing approaches both sides use.

    I know, but its easier to enthuse people with the promise of electing Trump to get a conservative court and repealing Roe V Wade, than it is saying elect Biden and things will stay the same.

    Plus Democrats don't view the Supreme Court as an overtly political roll and appoint qualified judges.

    The Democrats absolutely appoint judges based on their politics. They just appoint qualified politically left-wing judges. Sotomayor isn't on the court because of random chance.

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    TaximesTaximes Registered User regular
    edited September 2020
    I don’t think Trump will let them do a lame duck, I think he will push for a confirmation before the election.

    Announcing right now that they are doing a lame duck appointment sends the message “It doesn’t matter if you vote for Trump, you will get your supreme court justice anyway.” Its a great thing for McConnell and the Senate, but terrible for Trump himself.

    Trump is going to want the big win before election day, and if not he’s going to want to be able to hold a vacancy over Republican voters heads to get them out to polls.

    The smart move (for self-serving, spiteful conservatives) would be to insist that they're "committed" to playing by their own rules and not voting on a justice until the next president is inaugurated. Like magic, any Republicans with a distaste for Trump now have a renewed incentive to pull the lever for him and his SCOTUS nominee in the election, just like they did in 2016. And the senate GOP can keep their 1-atom-thick veneer of honesty.

    And then of course if Trump loses they just push a justice through in the lame duck session because haha fuck you they don't really care about their made-up rule and they're not going to pass up a lifetime superconservative SCOTUS.

    I'm really a little baffled that Mitch isn't going for the truly most self-serving option.

    Taximes on
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    Metzger MeisterMetzger Meister It Gets Worse before it gets any better.Registered User regular
    forum bug post plz ignore

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    TetraNitroCubaneTetraNitroCubane The Djinnerator At the bottom of a bottleRegistered User regular
    In case you had any doubt about where this is eventually heading.


    Two months ago, I pledged to vote only for #SCOTUS nominees who understand and acknowledge that Roe was wrongly decided. I stand by that commitment, and I call on my fellow Republican senators to take the same stand

    Josh Hawley is a US senator from Missouri.

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    mcdermottmcdermott Registered User regular
    I mean, it's heading after Roe v. Wade for sure. But it's very definitely heading toward a reversal of Obergefell v. Hodges as well. Let's not ignore that this is also still an explicit part of the Republican platform. Gay marriage is back on the ballot now for 2020.

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    GaddezGaddez Registered User regular
    Supreme Court judges need term limits.
    I think the most fair and even way for them to do this would be to have one justice removed every year, starting with either the oldest or the one who has been on the court the longest as decided by an internal vote with no member being allowed to serve a greater term then 7 years. Also, make it so that it's codified that a list of nominees (numbering at least 5) be found within 2 weeks and that the vote be held within the following week of nomination. In doing so the court would remain fresh and prevent situations like with Ruth (who served for so long I was starting to think she might be a lich) by making it so they don't feel obligated to be there until their death.

    Also, this would ensure that there could be no more instances of delaying a SC.

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    NobeardNobeard North Carolina: Failed StateRegistered User regular
    Trump's list of potential justices. Released just last week.

    https://www.whitehouse.gov/briefings-statements/additions-president-donald-j-trumps-supreme-court-list/

    Yes, Tom *hork* Cotton and Ted *hurggh* Cruz are on the list

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    GaddezGaddez Registered User regular
    How many of the people on the list have actual legal experience?

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    TetraNitroCubaneTetraNitroCubane The Djinnerator At the bottom of a bottleRegistered User regular
    mcdermott wrote: »
    I mean, it's heading after Roe v. Wade for sure. But it's very definitely heading toward a reversal of Obergefell v. Hodges as well. Let's not ignore that this is also still an explicit part of the Republican platform. Gay marriage is back on the ballot now for 2020.

    Oh for certain. This is only the start.

    I've been terrified for the last 14 hours because of what's going to happen to trans folks. I don't think it's an exaggeration to presume the worst will happen to us.

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    MorganVMorganV Registered User regular
    mcdermott wrote: »
    I mean, it's heading after Roe v. Wade for sure. But it's very definitely heading toward a reversal of Obergefell v. Hodges as well. Let's not ignore that this is also still an explicit part of the Republican platform. Gay marriage is back on the ballot now for 2020.

    Oh for certain. This is only the start.

    I've been terrified for the last 14 hours because of what's going to happen to trans folks. I don't think it's an exaggeration to presume the worst will happen to us.

    Yeah, I know it's a hard thing to consider, but GTFO seems like a not unreasonable option. Because I'd be concerned ot could go very badly.

    Unless you have a strong and encompassing social network and a job that's already overwhelmingly accepting (and not just "tolerant"), emigration out of the country, or at least to a rock solid blue state, might be the only safe choice.

    Short of Biden winning and the Republicans having integrity (not all of them, just four), I can see this going badly for a lot of non-hetero white demographics.

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    ShivahnShivahn Unaware of her barrel shifter privilege Western coastal temptressRegistered User, Moderator mod
    mcdermott wrote: »
    I mean, it's heading after Roe v. Wade for sure. But it's very definitely heading toward a reversal of Obergefell v. Hodges as well. Let's not ignore that this is also still an explicit part of the Republican platform. Gay marriage is back on the ballot now for 2020.

    This is specifically why I left. I think that was on the docket even even before Ginsberg died, now it's definitely going to be chipped away.

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