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Riddle me this (SC again)Follow

#1 Oct 03 2005 at 9:16 AM Rating: Excellent
Nexa
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Can someone (who actually maybe knows this, and isn't just pulling it out of their ***** explain to me the thinking behind the nomination process for the Supreme Court? I thought the whole idea behind the three branches of the U.S. government was so that one group wouldn't gain to much power. Doesn't the process of allowing the president (admin branch) to hand pick the justices (judicial branch) seem to kind of go against that?

Maybe I'm being exceptionally simple here, I am pre-coffee, but it seems like a really odd system.

Nexa
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#2 Oct 03 2005 at 9:18 AM Rating: Decent
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The check on that is having the Senate confirm each nomination. The president picks someone and then the legislature says yes or no.
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#3 Oct 03 2005 at 9:19 AM Rating: Excellent
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The President gets to nominate, but then Congress has to approve or deny that nomination.
#4 Oct 03 2005 at 9:30 AM Rating: Excellent


Article II of the constitution allows for the president to nominate supreme court justices. It is a formal power clearly stated.

However, I am not sure if the supreme court is mentioned in Article I. I have this feeling that it isn't, but I really am not sure.

#5 Oct 03 2005 at 9:31 AM Rating: Excellent
Nexa
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Sure, but congress gets accused of being a pain in the *** if they don't just go along with whoever the president wants, many seem to think it's just the president's right to place whoever he likes.

On a related note: I thought it was really strange that someone would get nominated to be Chief Justice when the CJ died. I assumed that a new CJ would be nominated from within the existing SC justices and that the new person would be a regular justice, rather than Chief Justice. Does anyone else think that's strange?

blah, I should be working, haha.

Nexa
____________________________
“It has always been the prerogative of children and half-wits to point out that the emperor has no clothes. But a half-wit remains a half-wit, and the emperor remains an emperor.”
― Neil Gaiman, The Sandman, Vol. 9: The Kindly Ones
#6 Oct 03 2005 at 9:33 AM Rating: Good
Theoreticly, Advise and Consent means that the Executive will actively seek out and consider the input of the Legislative. Theoreticly politicians can get down off of their party platform now and again and cooperate in a fashion that will move the country as a whole forward. Theoreticly once we dig deep enough we will find the green cheese that the moon is made of.
#7 Oct 03 2005 at 9:40 AM Rating: Good
Quote:
Theoreticly politicians can get down off of their party platform now and again and cooperate in a fashion that will move the country as a whole forward


And Theoreticly politicians can get down off of their party platform now and again and examine this nominee based on her qualifications.

Being Bush's personal lawyer is kinda... oh, I don't know, a conflict of interest on the part of a judge?

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#8 Oct 03 2005 at 9:44 AM Rating: Good
Quote:
And Theoreticly politicians can get down off of their party platform now and again and examine this nominee based on her qualifications.

That's what I said, dumb ***.
Quote:
Being Bush's personal lawyer is kinda... oh, I don't know, a conflict of interest on the part of a judge?

Ever heard of recusing one's self in a case where there are conflicts?

Pipe down, junior. Grown folks is talking.
#9 Oct 03 2005 at 10:03 AM Rating: Good
Quote:
Ever heard of recusing one's self in a case where there are conflicts?


But then you've got the chance of the 3-3 tie...

And come on "grampa", if Clinton had nominated his lawyer for a supreme court nomination you woulda had a puppy.
____________________________
"The Rich are there to take all of the money & pay none of the taxes, the middle class is there to do all the work and pay all the taxes, and the poor are there to scare the crap out of the middle class." -George Carlin


#10 Oct 03 2005 at 10:15 AM Rating: Good
Quote:
But then you've got the chance of the 3-3 tie...

Or a 2-2 tie, or a 1-0 decision. What's your point?
#11 Oct 03 2005 at 10:18 AM Rating: Excellent
Liberal Conspiracy
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The One and Only Omegavegeta wrote:
Being Bush's personal lawyer is kinda... oh, I don't know, a conflict of interest on the part of a judge?
It's not as if she'll still be his lawyer if she's on the Supreme Court. Short of a case she's working on now coming before the SC when she's a justice, I don't see a conflict of interest.
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Wow. Regular ol' Joph fan club in here.
#12 Oct 03 2005 at 11:00 AM Rating: Good
She's a woman. she's a Southern Methodist.

Bush isn't going to nominate a Democrat no matter how much we pray. All things considered it could've been much worse.

--DK
#13 Oct 03 2005 at 12:02 PM Rating: Excellent
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"Darkknight" wrote:
She's a woman.


Was there any real belief, in any political corner you care to point at in this country, that the president would not nominate a woman?

Given the hoopla made over Justice O'Conner's swing-vote status and the endless mentions of Roe v Wade in the popular press, it seems there was no way at all that a male would be nominated for this next seat.

What I find interesting is the apparent lack of concern on the part of Democrats so far. I would have thought that her ties to Bush would have been more than sufficient reason for a hell of an uphill confirmation battle, yet reaction in various media this morning seems to suggest the opposite.
#14 Oct 03 2005 at 12:11 PM Rating: Excellent


Eh, Tom Delay's personal lawyer in Texas is a democrat. It doesn't -necessarily- mean anything.

#15 Oct 03 2005 at 1:35 PM Rating: Good
Tracer Bullet
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Apparently, more than one Democratic Senator recommended her to Bush, for what it's worth.



#16 Oct 03 2005 at 3:58 PM Rating: Good
Hell, the Dems are probably thinnking that she's Bush's lawyer and once confirmed to the court she'll know all his dirt AND be somewhat distanced from him by the duties of the position. Not the worst of worlds for them.

#17 Oct 03 2005 at 4:34 PM Rating: Good
Here's a nice article that talks about the effect she might have on abortion rights in the US if she were to be confirmed.

http://www.msnbc.msn.com/id/9579542/site/newsweek/
#18 Oct 03 2005 at 4:49 PM Rating: Good
Encyclopedia
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Nexa wrote:
Sure, but congress gets accused of being a pain in the *** if they don't just go along with whoever the president wants, many seem to think it's just the president's right to place whoever he likes.


I don't think it's about whether they go along with what the president want's, but that they often use a SC nomination as a means to politicize the event and score "points".

Congress is supposed to base their approval of a nominee purely on the ability of that person to serve. They are specifically *not* supposed to base it on the politics or judicial stance of the nominee. Yet, what we often see is Congressmen asking specific judicial questions (typically Congressmen of the party other then that of the president). They do this because they know they aren't supposed to ask judicial questions, and they know that the nominee, not only isn't required to answer them, but *shouldn't* (for very good reasons), but they do it anyway because they know that by doing so, it makes it look like the nominee maybe has something to hide, or an agenda, or something else sinister. They're basically playing on the public's lack of knowledge of the nomination process to score some quick and easy political points.

The reason they're not supposed to ask judicial questions is simple. The executive branch is granted that power. Not the Legistlative. And this makes sense if you think about it. While some might call it too much power for the executive to pick judges they agree with (or who agree with them), the executive has no other powers when it comes to creating or ruling on law. Allowing Congress to approve judicial appointments based on how they'll rule on law effectively gives the Legistlative branch the power to both write the laws, and select the judges who'll rule on those laws. That's a *huge* imbalance of power.

Remember all those Democrat Congressmen raising a stink about how he refused to answer questions about how he'd rule on a Roe v. Wade case (and others) if it came to him? Pure posturing for the public. Nothing more. The "drama" of SC appointments only exists because the public gets to see them on TV. If the cameras were turned off, none of those shenegans would occur. Due to the way the rules are written, they can ask any question tbey want. But he's only required to answer questions about his work history and capability to fill the bench. And they're only supposed to vote to approve or disapprove based on those areas as well.

Quote:
On a related note: I thought it was really strange that someone would get nominated to be Chief Justice when the CJ died. I assumed that a new CJ would be nominated from within the existing SC justices and that the new person would be a regular justice, rather than Chief Justice. Does anyone else think that's strange?


Yeah. I thought it worked that way as well. Never really looked at it though. I think it's just something that's totally up to the president. When a vacancy appears on the bench, he's allowed to fill it in whatever manner he chooses. That could be promoting someone else to Chief Justice, or appointing someone new to fill the spot. I couldn't say how unusual it is for a president to nominate someone new directly to Chief Justice as opposed to promotion of another Justice, so I can't really judge whether there's anything "strange" about it.
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#19 Oct 05 2005 at 1:37 PM Rating: Decent
what do you mean by pre-coffee?
#20 Oct 05 2005 at 1:46 PM Rating: Good
what are you, 14? It means before a person has had their morning cup, ****.
#21 Oct 05 2005 at 1:52 PM Rating: Good
Ministry of Silly Cnuts
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His Excellency MoebiusLord wrote:
what are you, 14? It means after the 7th cigarette and the 3rd glass of bourbon, but before a person has had their morning cup
Tell me about it
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#22 Oct 05 2005 at 1:55 PM Rating: Excellent
Liberal Conspiracy
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I save time by using my coffee cups as ashtrays. I used to pour my coffee into dirty ashtrays but it kepts sloshing out of the little grooves.
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Wow. Regular ol' Joph fan club in here.
#23 Oct 05 2005 at 2:00 PM Rating: Good
Ministry of Silly Cnuts
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You have coffee cups and ashtrays?

Fu[/i]cking metrosexual cosmo-fu[i]cking-politan (tmesis) Chicagopolist
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#24 Oct 05 2005 at 2:09 PM Rating: Good
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I use the coffee pot. Why bother dirtying another cup? As for my ashtray, I use my coffee can
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