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AtUrCervix -> RE: Justice Kennedy rumored to retire today. (6/27/2017 5:32:55 PM)
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ORIGINAL: MrRodgers
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ORIGINAL: AtUrCervix
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ORIGINAL: MrRodgers
Will this skew the court more to the right ? Wasn't Kennedy as liable to rule with the left of the court...as the right ?
Let's not fool ourselves still. Judges are nominated for their right of left views and to vote a certain way on issues important to the admin. nominating them. In fact that is the very basis for not even considering Harland...nominated by Obama.
What say you ?
One problem I've had with this court given the idea that [it] is not to be 'activist' as observers continually harp. Bullshit, the appts. and the hope is by those who nominate judges, to get the partisan decisions they seek.
Hence not only on Citizens we got this:
The new majority opinion transformed Citizens United into a vehicle for rewriting decades of constitutional law in a case where the lawyer had not even raised those issues. I.e., not on point and as activist as anyone could imagine...to change the very basis of the court's consideration.
But we also get this and from Kennedy:
.....a zealous supporter of forced arbitration, a practice that allows corporations to force their workers and consumers into a privatized arbitration system that overwhelmingly favors corporate parties. He cast the key vote against Lilly Ledbetter and against equal pay for many women in the workplace. He cast the key fifth vote empowering corporations to immunize themselves from consumer class actions. And, of course, he also voted to install install George W. Bush as president.
Although such expenditures could ingratiate a corporation with and lead to greater access to a candidate, “ingratiation and access…are not corruption.” (Clinton's 'renting' out the Lincoln bedroom was then...not corruption) (H. Clinton's 1 of 9 votes to allow the uranium sale to Russia...was not corruption)
In fact “ingratiation and access…..” is the very basis of corruption. Ingratiation and access is the first step in bribery and need not even extend to paying for votes.
In some cases, a new judge couldn't be any worse. Not only is property not speech but the corporation is as Madison contended...an artificial or even alien association, never to be attributed with rights of the people.
Kennedy will 81 next term.
What say you ?
(It really matters not at all who's leaving....what matters is...when they're leaving and...who's in a position to re-appoint).
True enough but given that they are all old, in all likelihood it will be Mr. Hair and the repub cong. who will get the next right wing, capitalist fascist on the court.
(Well.....that IS who's currently in power).
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