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Stunley Andwin

The US Supreme Court

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We really need a thread about the US Supreme Court; it is possibly the most important legal institution in the world. The current farce surrounding the appointment of Justice Kavanaugh provides an excellent opportunity to start one. Let us take a look at the structure:

https://infogalactic.com/info/Supreme_Court_of_the_United_States

Operating with 9 Justices, it requires a simple majority for a decision. The Justices are intended to be non-partisan and it was intended that there would have to be agreement from both parties that the Justice was suitable, represented by the confirmation requiring a super majority (60 votes) in the US Senate. This process was changed in the Obama era in 2013 to requiring only a majority (known as the nuclear option).

Looking at the current list of Justices, we can see that several members are getting old. The current Kavanaugh farce was triggered by the retirement of Justice Kennedy, 81 at the time.

https://infogalactic.com/info/Supreme_Court_of_the_United_States#Current_justices

Justice Breyer, a Clinton appointee is now 80 and Justice Sotomayor, an Obama appointee, is reported to be in poor health due to diabetes.

We also have the 85 year old Ruth Bader Ginsburg, another Clinton appointee. I will allow you to make your own assessment of her health.

 

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1 hour ago, Stunley Andwin said:

Operating with 9 Justices, it requires a simple majority for a decision. The Justices are intended to be non-partisan and it was intended that there would have to be agreement from both parties that the Justice was suitable, represented by the confirmation requiring a super majority (60 votes) in the US Senate. This process was changed in the Obama era in 2013 to requiring only a majority (known as the nuclear option).

That change has returned to bite the Demoncrats. Even in 2013 they thought they would not be defeated again with the 8 year plan going well it seemed.

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After an utterly farcical display, Justice Kavanaugh has now been sworn in. I quite like him turning up with a barrel of beer to the ceremony.

https://www.zerohedge.com/news/2018-10-06/watch-live-senate-votes-confirm-kavinaugh

The question is now, how many Supreme Court Justices will President Trump appoint? Justice Ruth Bader Ginsburg is 85 and in extremely poor health, Judge Amy Barrett will surely be her replacement. Justice Breyer is 80. It seems likely that Trump will be appointing their replacements. She is only 64, but there are suggestions that Justice Sotomayor is in poor health. Justice Thomas, who went through a kind of Kavanaugh-lite process during his confirmation is now 70. Would he be thinking about retiring in 2023 so that Trump could appoint his replacement? As it stands, Chief Justice Roberts, a W. Bush appointee is likely going to be the swing vote for many decisions.

Trump will almost certainly be appointing 4 Justices, and possibly as many as 6.

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If Barry Soetoro is proved to be an illegitimate president all his executive orders, appointees etc would be null and void. So Sotomajor and Kagan would be out. Ginsburg is dodging the undertaker and Clarence Thomas looks old for 70 and would probably retire to make way for new Republican blood.

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Because the US Founding Fathers are considered perfect, and hence no one criticises them, is it not possible that the system of govt, law and justice they devised in the late 1700's is not fit for purpose in 2018?

They were idealists who had no idea what kind of politics would be going on today.

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3 minutes ago, The Masked Tulip said:

Because the US Founding Fathers are considered perfect, and hence no one criticises them, is it not possible that the system of govt, law and justice they devised in the late 1700's is not fit for purpose in 2018?

They were idealists who had no idea what kind of politics would be going on today.

I would say the underlying principle of limiting and spreading governmental power is more important now than ever.

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Repped original topic. In light of recent midterms and understanding a little more how power devolves in the US you can see why the Dems completely lost their shit in trying to delay Kavanaugh. In hindsight can see hoping for Dem Senate gains and a few RINO votes to ensure a pliant nominee to pass through Senate. Maybe Midterms were a better result  for the Republicans that in first seems. Congress was useless to them for the first 2 years in terms of getting main mandate through - affordable care act / the wall in particular.

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On 07/10/2018 at 10:50, The Masked Tulip said:

It is suspected that Amy Coney Barrett will be the next Trump nominee.

636657865226552782-35g35g3gqr45g.jpg?wid

 

Only 46 and already a top judge just a step away from the supreme court....

Oh and she's a mother to 7 children

5 biological and 2 adopted from Haiti

This is the type of woman I want my daughter to aspire too!!!

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23 minutes ago, JackieO said:

Only 46 and already a top judge just a step away from the supreme court....

Oh and she's a mother to 7 children

5 biological and 2 adopted from Haiti

This is the type of woman I want my daughter to aspire too!!!

What would Jordan Peterson say about her?

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Justice Ginsburg's health, already extremely poor as shown in the original post has deteriorated significantly since then. She had a fall and broke several ribs. In the operation for this lung cancer was discovered and one section of her lungs was removed. She is now not able to even attend Supreme Court sessions.

https://thehill.com/regulation/court-battles/424287-ginsburg-misses-second-day-in-a-row-at-supreme-court

Who is making her decisions? Indeed there has not even been any proof that she is still alive. How long will this go on for?

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On 08/11/2018 at 12:47, JackieO said:

Only 46 and already a top judge just a step away from the supreme court....

Oh and she's a mother to 7 children

5 biological and 2 adopted from Haiti

This is the type of woman I want my daughter to aspire too!!!

fuck that.  

That shows she has no judgement of what is good for her family, let alone American society.

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A cross post from the Hate Hoax thread because I think the two stories are closely related.

We know that Justice Ginsburg is in extremely poor health, we can see her health from September 2018 in the video in the original post. She is reported to lose consciousness for a few seconds during the full event. Since then she has fallen at home (which may suggest neurological issues) and broken ribs. During surgery for this lung cancer was discovered and a fifth of her lung capacity was removed. She is then reported to have developed pneumonia.

https://newspunch.com/ruth-bader-ginsburg-pneumonia/

Fox then mistakenly(?) flashed a screen suggesting that Justice Ginsburg is actually dead.

https://thehill.com/homenews/media/426276-fox-friends-accidentally-shows-graphic-saying-ruth-bader-ginsburg-is-dead

I have seen rumours that Justice Ginsburg is now brain dead and is being kept alive by ventilators. Was the "Fox Flash" a signal that the President's team knows this? Will the deep state provoke yet another constitutional crisis by trying to keep a vegetable """working at home""" on the Supreme Court? That there has not been a single proof of life for Justice Ginsburg for many weeks would suggest that this is true.

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Forget the presidency in the USA the supreme court is the most important. If Trump gets another pic it will be very conservative leaning. The dems will do anything to avoid that it will stop there progressive plans. 

I hope she is dead and he gets a pick the left will go full retard 

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I don't wish for her death, I wish she would resign and spend the last period of her life with her friends and family. 

As I understand, there are no methods to force a Supreme Court Justice to resign. Article Three of the US Constitution states

Quote

The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

https://en.wikipedia.org/wiki/Article_Three_of_the_United_States_Constitution

This of course immediately raises the question of what "good Behavior" actually is. It also states "Judges", which specifically does not include a Supreme Court Justice (or does it)? Could they try to claim that a brain dead vegetable who is 100% kept alive by artificial respiration was still capable? I am no doctor, is it medically possible to keep an 85 year old cabbage alive for several years?

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If she is unable to vote, then that's as good as an extra vote for the conservatives during this period.

Doubt they can keep her alive for another 6 years.

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4 minutes ago, snaga said:

If she is unable to vote, then that's as good as an extra vote for the conservatives during this period.

Doubt they can keep her alive for another 6 years.

As I understand it, her team can act for her so provided that nobody finds out that she is dead she can vote from beyond the grave. 

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42 minutes ago, NTB said:

As I understand it, her team can act for her so provided that nobody finds out that she is dead she can vote from beyond the grave. 

not sure I'd believe that, perhaps in some routine way, but if shes unable to attend and listen to legal arguments for a case then she can't pass judgement. It would be challenged very quickly if her vote was the deciding vote on case she had never attended, listened to testimony, or even discussed with the other judges.

Edited by snaga

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I can't remember where I read it or I'd post a link. The gist of it was that her team could attend hearings, review material and brief her. They could then pass back 'her' judgement. Obviously I can't guarentee this is accurate.

1 hour ago, snaga said:

not sure I'd believe that, perhaps in some routine way, but if shes unable to attend and listen to legal arguments for a case then she can't pass judgement. It would be challenged very quickly if her vote was the deciding vote on case she had never attended, listened to testimony, or even discussed with the other judges.

 

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