Justice Kennedy Announces Plan to Retire from SCOTUS

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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby RiverDog » Thu Jul 05, 2018 4:34 pm

Aseahawkfan wrote:It wouldn't be a pebble on the beach if the electoral system were abolished or set up differently by percentage rather than a zero sum game. I'd feel my vote more worthwhile if I even had a chance of sending a few Washington electoral votes to my candidate of choice.


An individual's vote for POTUS would mean no more under a popular vote than the current electoral college, and I would argue that it would mean even less.

It's been awhile since we discussed the electoral college, but I'd like to maintain it with several reforms:

1. Make the electoral college vote automatic. No more faithless electors.

2. No more "winner-take-all". Have each Congressional district's electoral vote go to who ever wins the district and the remaining two electoral votes to who ever wins the state wide popular vote.

If we did away with winner take all, it would eliminate the power that a handful of swing states have now and force candidates to appeal to voters nation wide. States like California, New York, and Texas would suddenly be in play for multiple electoral votes.

It would also make a tiny bit of room for a 3rd party or independent candidate to get some traction as it would be a lot easier for them to win in a few districts than it would be to win state wide. Winner take all guarantees that the two party system will remain forever.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby idhawkman » Fri Jul 06, 2018 6:48 am

RiverDog wrote: Winner take all guarantees that the two party system will remain forever.

This is exactly why it won't change anytime soon. The two parties control the election. If we start with that then it makes sense if one side sees an advantage to get rid of the winner take all system, the other side will fight it. Since it requires a super majority to ratify a change it will never happen under our current conditions.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby RiverDog » Fri Jul 06, 2018 7:26 am

idhawkman wrote:This is exactly why it won't change anytime soon. The two parties control the election. If we start with that then it makes sense if one side sees an advantage to get rid of the winner take all system, the other side will fight it. Since it requires a super majority to ratify a change it will never happen under our current conditions.


I agree, we'll never get rid of the winner-take-all part of the system. But it wouldn't require a Constitutional amendment. There's a very remote possibility that all 50 states could mutually agree to a process that would eliminate winner-take-all. As a matter of fact, one state, Maine I believe, already splits their electoral vote. But that ain't happening, either.

However, I do think that there's a possibility that they could get a Constitutional amendment passed to make the electoral balloting automatic and get rid of the faithless electors. Some states already have laws requiring their electors to cast their votes as directed.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby Aseahawkfan » Fri Jul 06, 2018 12:18 pm

RiverDog wrote:An individual's vote for POTUS would mean no more under a popular vote than the current electoral college, and I would argue that it would mean even less.

It's been awhile since we discussed the electoral college, but I'd like to maintain it with several reforms:

1. Make the electoral college vote automatic. No more faithless electors.

2. No more "winner-take-all". Have each Congressional district's electoral vote go to who ever wins the district and the remaining two electoral votes to who ever wins the state wide popular vote.

If we did away with winner take all, it would eliminate the power that a handful of swing states have now and force candidates to appeal to voters nation wide. States like California, New York, and Texas would suddenly be in play for multiple electoral votes.

It would also make a tiny bit of room for a 3rd party or independent candidate to get some traction as it would be a lot easier for them to win in a few districts than it would be to win state wide. Winner take all guarantees that the two party system will remain forever.


I'd be ok with something like this. I don't support a popular vote either. Then the cesspool known as California would have too much power. That state does not represent America on the whole. That state is pretty far from American values and they maintain their power mostly due to their tech development areas and their catering to the poor and minorities. When you're garnering votes because you give handouts, that's a bad idea for the entire nation. Government charity should not influence votes. The tax and redistribute mentality of the Democrats is one of the reasons I don't vote for them. That is not American and not the type of behavior a free people should be focused on.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby RiverDog » Fri Jul 06, 2018 2:03 pm

Aseahawkfan wrote:I'd be ok with something like this. I don't support a popular vote either. Then the cesspool known as California would have too much power. That state does not represent America on the whole. That state is pretty far from American values and they maintain their power mostly due to their tech development areas and their catering to the poor and minorities. When you're garnering votes because you give handouts, that's a bad idea for the entire nation. Government charity should not influence votes. The tax and redistribute mentality of the Democrats is one of the reasons I don't vote for them. That is not American and not the type of behavior a free people should be focused on.


Although I agree that CA would get more power in a popular vote, individual states would not be near the beneficiaries as urban areas would. You would see politicians such as those on the Seattle City Council running the country.

Although not part of the original intent, the electoral college forces candidates to take into account most areas of the country. The problem is that the swing states get far too much attention. Once they're identified, candidates immediately start figuring out how to craft a message that's popular in one or two swing states. Getting rid of winner take all would change that.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby c_hawkbob » Fri Jul 06, 2018 2:47 pm

I don't care if you're stacked 50 high or 1 person without another soul for a hundred square miles each of us should count the same.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby RiverDog » Fri Jul 06, 2018 4:33 pm

c_hawkbob wrote:I don't care if you're stacked 50 high or 1 person without another soul for a hundred square miles each of us should count the same.


That's only true in a pure democracy, of which we are not and of which I would not prefer over our current form of government. Heck, we got better POTUS candidates when they came out of a smoke filled room than we get out of our current primary system where the ignorant populous can be more easily manipulated.

Electoral college reform isn't my only pet peeve. I would favor some type of competency test to qualify a person to vote if one could ever be devised that was fair and unbiased. I get tired of being led by the ignorant masses, many of whom can't find the Pacific Ocean on a map. If they can keep convicted felons from voting, there's no reason why they can't keep morons away from the polls, too.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby burrrton » Fri Jul 06, 2018 4:43 pm

Once we get Trump out of office, then I'll renew my conservatism and start taking an objective look at other candidates.


Fair, but that's my point- he's not on the ballot for a couple more years, so all you'd be doing electing a D to Congress from around here is thwarting (on some level) the parts of his Presidency you ostensibly support.

Not telling anyone how to vote, of course- just pointing out yours strikes me as an odd compulsion if you truly feel the way you say you do.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby burrrton » Fri Jul 06, 2018 4:48 pm

c_hawkbob wrote:I don't care if you're stacked 50 high or 1 person without another soul for a hundred square miles each of us should count the same.


In as much as this is possible in a Federal system, we do. We just don't let the wolves decides for the sheep what's for dinner.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby Aseahawkfan » Fri Jul 06, 2018 5:07 pm

I would welcome a competency test. The masses believe things that should not be. We are a Constitutional Republic where individual freedoms are above even the highest vote for removal. Popular vote would invite Huey P. Long type of politicking. Until Americans start understanding they have responsibilities and duties as a citizen which including taking care of themselves in a responsible manner, I do not want a popular vote at all. You don't get to vote in funds for taking care of drug addicts and irresponsible fools like gambling addicts or drunks. America should not suffer fools to the ruination of the nation. Responsible, law abiding people that learn by suffering the consequences of bad choices is how this nation should be run.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby RiverDog » Fri Jul 06, 2018 7:10 pm

burrrton wrote:Fair, but that's my point- he's not on the ballot for a couple more years, so all you'd be doing electing a D to Congress from around here is thwarting (on some level) the parts of his Presidency you ostensibly support.

Not telling anyone how to vote, of course- just pointing out yours strikes me as an odd compulsion if you truly feel the way you say you do.


I have plenty of axes to grind with Trump's politics, including immigration and trade. It's not enough to vote for a D if everything were in a vacuum, but enough to justify doing what it takes to stymie his agenda.

With the R's in control of the Executive Branch, the D's aren't going to be able to press their agenda anyway, so there's no harm in giving them Congress so long as it's taken back once Trump is out of the picture and we end up with a D POTUS. We'd just have gridlock, which would suit me fine. I don't like it when either party has a monopoly on the government.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby RiverDog » Fri Jul 06, 2018 7:24 pm

Aseahawkfan wrote:I would welcome a competency test. The masses believe things that should not be. We are a Constitutional Republic where individual freedoms are above even the highest vote for removal. Popular vote would invite Huey P. Long type of politicking. Until Americans start understanding they have responsibilities and duties as a citizen which including taking care of themselves in a responsible manner, I do not want a popular vote at all. You don't get to vote in funds for taking care of drug addicts and irresponsible fools like gambling addicts or drunks. America should not suffer fools to the ruination of the nation. Responsible, law abiding people that learn by suffering the consequences of bad choices is how this nation should be run.


Agreed. There's lots of situations in our government, our justice system, and our educational system, where the majority doesn't always rule, so I don't see why it's such an abomination to some people that we have a system where it's possible to elect a POTUS that lost the popular vote. Sometimes I think their objections has more to do with their candidate losing than it does with the electoral college.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby Aseahawkfan » Fri Jul 06, 2018 8:10 pm

RiverDog wrote:I have plenty of axes to grind with Trump's politics, including immigration and trade. It's not enough to vote for a D if everything were in a vacuum, but enough to justify doing what it takes to stymie his agenda.

With the R's in control of the Executive Branch, the D's aren't going to be able to press their agenda anyway, so there's no harm in giving them Congress so long as it's taken back once Trump is out of the picture and we end up with a D POTUS. We'd just have gridlock, which would suit me fine. I don't like it when either party has a monopoly on the government.


I like gridlock as well. Republicans believe a lot of stupid crap as well like the militarist agenda. Dems like to spend on social programs and endless money for schools without ever going, "Wait a minute, shouldn't be try raising standards first and not teaching to the lowest common denominator accepting that some people will fail?" than asking for money. The Republican spending on military power world wide is tiresome. We don't need more wars and further destabilize the world and cause even more immigration of people from war-torn, impoverished nations. We don't need to control the world from afar.

Lock it up. No changes. Reduce spending, reduce taxation, and start teaching Americans to look after themselves.

My dream is to be able to buy a place, not have to pay the government property tax rent, and work as I wish to maintain the level of additional benefits I want.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby idhawkman » Sat Jul 07, 2018 8:23 am

c_hawkbob wrote:I don't care if you're stacked 50 high or 1 person without another soul for a hundred square miles each of us should count the same.

I'm very thankful the founding fathers didn't think this way.
RiverDog wrote:
That's only true in a pure democracy, of which we are not and of which I would not prefer over our current form of government. Heck, we got better POTUS candidates when they came out of a smoke filled room than we get out of our current primary system where the ignorant populous can be more easily manipulated.

Electoral college reform isn't my only pet peeve. I would favor some type of competency test to qualify a person to vote if one could ever be devised that was fair and unbiased. I get tired of being led by the ignorant masses, many of whom can't find the Pacific Ocean on a map. If they can keep convicted felons from voting, there's no reason why they can't keep morons away from the polls, too.

I don't think a "Fair" one would ever be devised that people would agree on though. They can't even agree that you have to prove you have the right to vote at the ballot boxes.

The vast majority of today's population only vote based on 20 second sound bites. This is what's wrong with the current election system. No one really digs in to the issues and understands the consequences of their vote. Add to that, each side is trying to find the "ONE" issue that people are outraged by and exploit that issue. Race, gender, abortion, etc. Too many people vote on one issue and then have to accept all the other policies of that candidate when they win. That's why we had the Obama years of economic disaster.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby RiverDog » Sat Jul 07, 2018 9:29 am

idhawkman wrote: don't think a "Fair" one would ever be devised that people would agree on though. They can't even agree that you have to prove you have the right to vote at the ballot boxes.


Yea, that's one of the biggest problems with that idea. It's impossible to design an objective test that the vast majority will agree is 'fair.'
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby Aseahawkfan » Sat Jul 07, 2018 9:43 am

idhawkman wrote:I don't think a "Fair" one would ever be devised that people would agree on though. They can't even agree that you have to prove you have the right to vote at the ballot boxes.

The vast majority of today's population only vote based on 20 second sound bites. This is what's wrong with the current election system. No one really digs in to the issues and understands the consequences of their vote. Add to that, each side is trying to find the "ONE" issue that people are outraged by and exploit that issue. Race, gender, abortion, etc. Too many people vote on one issue and then have to accept all the other policies of that candidate when they win. That's why we had the Obama years of economic disaster.


It seems to me you're falling for the same BS you claim other's fall for if you define Obama's years as economic disaster. They were certainly not economic disaster. A recovery period he inherited after a huge bubble burst, one of the biggest in history that he certainly did not cause. He inherited it same as Bush Jr. inherited the tech bubble burst. Presidents do not have the level of control over the economy some seem to think they have. If you are as educated on the issues as you seem to believe yourself to be, then you would know this. People attribute far too much to presidents as they live in gilded cages limited by all the checks and balances placed upon them by our Constitution. Another bit of wise political construction by our Founders, same as not making the president chosen by popular vote.

I hear this garbage about Obama's economics all the time. It's as garbage as the Democrats that blame Bush Jr. for the bad economy that occurred during the end of his administration and at the start. It's foolishness. Our economy booms and busts often for many reasons often out of the hands of our government. Nature of a free market capitalist economy. It still beats the stagnancy and poverty of a socialist/communist economy.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby idhawkman » Sat Jul 07, 2018 10:45 am

Aseahawkfan wrote:
It seems to me you're falling for the same BS you claim other's fall for if you define Obama's years as economic disaster. They were certainly not economic disaster. A recovery period he inherited after a huge bubble burst, one of the biggest in history that he certainly did not cause. He inherited it same as Bush Jr. inherited the tech bubble burst. Presidents do not have the level of control over the economy some seem to think they have. If you are as educated on the issues as you seem to believe yourself to be, then you would know this. People attribute far too much to presidents as they live in gilded cages limited by all the checks and balances placed upon them by our Constitution. Another bit of wise political construction by our Founders, same as not making the president chosen by popular vote.

I hear this garbage about Obama's economics all the time. It's as garbage as the Democrats that blame Bush Jr. for the bad economy that occurred during the end of his administration and at the start. It's foolishness. Our economy booms and busts often for many reasons often out of the hands of our government. Nature of a free market capitalist economy. It still beats the stagnancy and poverty of a socialist/communist economy.

I just disagree with you on this then. If you don't have a reasonable chance for return on your investments, then you won't invest. Corporations are flush with cash because of the Obama regulations and taxes. Those he did control. Its also why the economy is growing at the rate now that it should have for him if he had relaxed the regulations and taxes a bit.

Being an investor, I would have thought you knew this. Risk/reward. If the risks outweigh the rewards, you just sit on your capital.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby Aseahawkfan » Sat Jul 07, 2018 3:00 pm

idhawkman wrote:I just disagree with you on this then. If you don't have a reasonable chance for return on your investments, then you won't invest. Corporations are flush with cash because of the Obama regulations and taxes. Those he did control. Its also why the economy is growing at the rate now that it should have for him if he had relaxed the regulations and taxes a bit.


"Reasonable"? What do you consider reasonable? That word shouldn't even enter the conversation as that is defined by individual. A lot of people made "reasonable" returns during Obama. That is why even during the most "socialist" president in history as some like to paint Obama (though I'd say FDR was more socialist and LBJ) the rich got much richer and the poor much poorer. The wealthy made very reasonable returns on investment during Obama, do not worry yourself. It was good time to invest in the stock market after the crash. Lots of companies on sale. Corporations certainly did not sit on cash because there was nowhere to invest due to Obama. They did a lot of investing and growing their cash. Buffett really made out like a bandit. Cash hoarding was at an all time high due to monetary policy, not taxation.

Obama did not severely alter the tax structure from Bush Jr. Obama very much carried on many of Bush's policies and was unable to greatly modify them due to a hostile Congress. His major change for investors was an increase of the long-term capital games from 15% to 20%. It had only a moderate effect on investment considering it was still a very low rate of taxation on long-term capital gains, far lower than the income tax or short-term capital gains tax which is taxed like normal income.

Obama's policies on energy were a large boost to investors in alternative energy sources. A lot of money was made in the stock market for supporters of alternative energy. It did not have a severe deleterious effect on oil and gas prices. The oil crash occurred prior to the Trump administration fueled by OPEC's stated goal of reducing fracking in the United States to maintain market share. Another factor Obama could not control. Obama didn't do a ton to stop fracking because it was one of the few bright spots in the job market after the housing bubble burst.

The most harm he did was Obamacare, which hit the working class harder than he sold for medical bills from a general rise in costs and all the taxes he added to various things to pay for it. It did not at all work as intended. The whole zero cost lie his administration sold was proven to be a lie just as expected. The exorbitant cost to the individual created a situation where it was cheaper to avoid paying for insurance. It basically did as all welfare programs do: encourage people to be poor by making healthcare cost effective only for those poor enough to receive it for free while making it too costly for the middle class and the wealthy once again didn't care because they have the money to be well taken care of.

Being an investor, I would have thought you knew this. Risk/reward. If the risks outweigh the rewards, you just sit on your capital.


I am very well versed on what occurred since prior to the tech bubble burst of the 2000s. It's why I know you're lying and why I know the Democratic supporters are lying when they blame Bush Jr. for the tech and housing bubbles bursting and praise Clinton for the good economy of the 1990s. There are lot of factors affecting an economy and taxation is but one of many.

I'm not going to go into it all here as that would take pages beyond even what I'm willing to write. Obama ran a very careful and mostly middle of the road presidency. A lot of money was made during Obama's presidency and a lot of investing was done. The cash hoard companies had wasn't due to lack of investment, but due to the low cost of borrowing. Why use your cash hoard to grow when money can be borrowed for free? You should do some studying on the cost of money and how companies determine when it is better to use the cash you earn or the cash you borrow. When you have a cash hoard that can be better used investing in higher earning investment instruments, you borrow. When The Fed Funds rate was at zero (Something Obama does not control), then the cost of borrowing is much cheaper than spending your earned cash. When you invest and learn economics, you learn about this.

The entire reason the stock market is as high as it is right now is because the returns are still better on investments and have been for some time than the returns on loaning other people money (bond purchasing). Thus people with money (including company money managers) shove most of their money into stocks and other similar investment vehicles because the return is higher. This is all due to the low Fed Funds interest rate making the cost of borrowing so cheap as to create a disincentive to loan money versus investing it. Once the Fed funds rate rises, this may change and you may see money move from stocks to bonds once the cost of borrowing rises and the returns on loaning money become attractive.

Politics aren't sports. I know very well you can't be well-versed in everything, but try not to buy into the BS too much. There's a lot going on and the president isn't the reason for the good and the bad. He's one man that is the face of the nation. He can't magically cure our our ills or cause them. People need to stop putting so much energy into the government. It's leading us down a bad path. We need a quieter, less involved government, smaller military, less taxation, and a return to a self-reliant and liberty loving America that doesn't look for or need its president to do to much. It seems after World War 1 we've been on this path of world dominance that needs to be reined in driving all this BS our government is involved in.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby burrrton » Mon Jul 09, 2018 5:39 pm

Thirty minutes until we have a new Literally Hitler™ to wet ourselves about, everyone!

[edit]

And our new Literally Hitler OMG It's the Holocaust™ is... Brett Kavanaugh.

Have at it. Be sure to wash your sheets in the morning.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby RiverDog » Wed Jul 11, 2018 8:10 am

It's going to be an interesting summer. Not only is Kavanaugh very well qualified, he's supposedly a very personable and engaging type that can woo moderates like Collins and Murkowski, and if that doesn't work, there are several Democratic Senators up for re-election in red states that Trump won by wide margins that are going to be under a huge amount of pressure. Additionally, John McCain most likely won't be available to vote on the nomination, which makes it a 50-49 split between R and D, so all the Dems need is one defection and keeping all their own lot on the reservation (a 50-50 tie could have been broken by the VP).

I like the way Trump went about making this selection, being very deliberate, keeping his cards close to his vest, and asking for opinions resulting in an excellent nomination that's going to be extremely difficult for the Dems to defeat. I wish he conducted other aspects of his job the way he conducted this Supreme Court nomination. It was a stroke of genius to talk Kennedy into announcing his retirement now instead of after the mid terms. The debate we're going to witness could very well help the R's not only in holding onto the Senate, but extending their advantage by a couple of seats.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby idhawkman » Wed Jul 11, 2018 2:27 pm

RiverDog wrote:It's going to be an interesting summer. Not only is Kavanaugh very well qualified, he's supposedly a very personable and engaging type that can woo moderates like Collins and Murkowski, and if that doesn't work, there are several Democratic Senators up for re-election in red states that Trump won by wide margins that are going to be under a huge amount of pressure. Additionally, John McCain most likely won't be available to vote on the nomination, which makes it a 50-49 split between R and D, so all the Dems need is one defection and keeping all their own lot on the reservation (a 50-50 tie could have been broken by the VP).

I like the way Trump went about making this selection, being very deliberate, keeping his cards close to his vest, and asking for opinions resulting in an excellent nomination that's going to be extremely difficult for the Dems to defeat. I wish he conducted other aspects of his job the way he conducted this Supreme Court nomination. It was a stroke of genius to talk Kennedy into announcing his retirement now instead of after the mid terms. The debate we're going to witness could very well help the R's not only in holding onto the Senate, but extending their advantage by a couple of seats.

Agree with all of this.

I too like the genius of him nominating Kavenaugh now because once again, the dems are telling everyone that the sky is falling, its armagedon again. They've totally dropped the babies at the border for this latest outrage to get upset about. Here's the problem with them doing this on every issue. "IF" this judge is confirmed and they don't immediately overturn Roe v Wade, they will look foolish again. Just like when they said it was Armegedon on the tax cuts.

That all said, here's the even bigger point, "IF" they defeat Kavenaugh, it will invigorate the republican base to turn out in droves giving the Rs more seats in the senate at which point, Trump will nominate an even more conservative judge to the bench. I wonder how long it will take for the dems to realize this and quietly let Kavenaugh get confirmed. If they go too far overboard on this one, they won't be able to do it on the next one.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby burrrton » Wed Jul 11, 2018 2:43 pm

With how loathe he's been to upset apple carts on many hot-button issues, I'm not so sure Roberts would vote to overturn Roe regardless.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby idhawkman » Wed Jul 11, 2018 3:04 pm

burrrton wrote:With how loathe he's been to upset apple carts on many hot-button issues, I'm not so sure Roberts would vote to overturn Roe regardless.

I agree. I think Roberts turns into another Sutter on the bench. Especially if Ruth Buzzy Ginsberg croaks or retires.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby RiverDog » Wed Jul 11, 2018 3:18 pm

I agree with burrton. Even if Kavanaugh is confirmed, it doesn't necessarily mean that Roe v. Wade is doomed. However, the liberal judges are on average 9 years older than the average age of the conservative wing, so the court is going to remain conservative for another generation and might even lean even further to the right depending on when the next justice, probably Ginsburg at 85, retires.

The Dems are between a rock and a hard place. Schumer has to vigorously oppose any nomination coming from Trump if he wants to motivate the Dem base. It was their lack of motivation in 2016 that brought Trump to the White House. They need a rallying cry, and they're trying to use a Roe v. Wade is history scare tactic to provide that impetus. However, they can't afford to pressure their red state Senators if they have any hope of winning back the Senate this fall or worse, falling even further into the minority, jeopardizing their prospects in 2020. They need those red state Senate seats to remain on their side of the aisle.

I haven't seen a dilemma like this for a party that is out of power for a long time.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby burrrton » Wed Jul 11, 2018 7:02 pm

Even if Kavanaugh is confirmed, it doesn't necessarily mean that Roe v. Wade is doomed.


And I want to add: from a legal perspective, however you feel about abortion, it probably *should* be overturned and the law left to the states. It's widely considered one of the most poorly reasoned decisions from the court- almost an embarrassment.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby RiverDog » Wed Jul 11, 2018 7:50 pm

burrrton wrote:And I want to add: from a legal perspective, however you feel about abortion, it probably *should* be overturned and the law left to the states. It's widely considered one of the most poorly reasoned decisions from the court- almost an embarrassment.


True. There should be some sort of law passed in Congress and signed by the POTUS (or overridden) to deal with abortion, similar to civil rights legislation. The courts are supposed to interpet the law, not create it. I am generally for abortion, but they need to do it right.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby burrrton » Wed Jul 11, 2018 10:38 pm

I am generally for abortion, but they need to do it right.


I'm in a weird place on abortion- you're never going to convince me that nuking a clump of cells (or even a developing embryo) is 'murder', but I also don't see any way a sane person can argue there's a magic birth canal that turns a full term 'fetus' into a human.

There's a huge gray region in there, but we have two factions that can't agree there's any gray and discuss the issue rationally anymore.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby idhawkman » Thu Jul 12, 2018 7:54 am

I agree that the R v W decision should be overturned and the states should dictate what their populace wants/needs. This may mean that some people may need to relocate to match their views. I'm a strict constitutionlist. The constitution doesn't give anyone a "right to privacy". Its not there. A right to an abortion is also not there regardless if the court thinks its a right to privacy.

If we as the American people want abortion to be part of a "right" (such as the bill of rights), then the legislature, president and states must go through the process to amend the constitution (like they did for the bill of rights).

I agree with River that Schumer must show that he opposes anything the President does so that he holds his position and whats left of the base together. However, many people now know that just by approving a single justice won't ban abortions on the first day he's seated. I think the days of single issue voters is coming to an end. It may not be over yet, but it is coming to an end as witnessed in the last election of Trump where many women, hispanics, blacks, etc voted for him despite his comments on a bus or on the campaign trail.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby RiverDog » Thu Jul 12, 2018 10:40 am

idhawkman wrote:If we as the American people want abortion to be part of a "right" (such as the bill of rights), then the legislature, president and states must go through the process to amend the constitution (like they did for the bill of rights).


I don't think a Constitutional amendment regarding abortion would be necessary. Congress could, and should, pass legislation defining it and put in place certain restrictions, if deemed appropriate. When you take the emotion out of it, it's just another medical procedure. If we can't decide on abortion w/o resorting to a Constitutional amendment, we'll have to pass amendments to address stem cell research, assisted suicide, human cloning, and who knows what future issues where medical science conflicts with social values.

I see it as being very similiar to civil rights legislation.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby idhawkman » Thu Jul 12, 2018 11:09 am

idhawkman wrote:If we as the American people want abortion to be part of a "right" (such as the bill of rights), then the legislature, president and states must go through the process to amend the constitution (like they did for the bill of rights).

RiverDog wrote:I don't think a Constitutional amendment regarding abortion would be necessary. Congress could, and should, pass legislation defining it and put in place certain restrictions, if deemed appropriate. When you take the emotion out of it, it's just another medical procedure. If we can't decide on abortion w/o resorting to a Constitutional amendment, we'll have to pass amendments to address stem cell research, assisted suicide, human cloning, and who knows what future issues where medical science conflicts with social values.

I see it as being very similiar to civil rights legislation.

I get what you are saying but if they are going to pass a nationwide bill on health care over very controversial issues such as your examples of Stem Cells, Assisted Suicide, cloning, etc. it should be by amendment. Otherwise, it should be up to each individual state. I don't think a simple majority in congress should dictate such things unilaterally.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby RiverDog » Thu Jul 12, 2018 12:07 pm

idhawkman wrote:I get what you are saying but if they are going to pass a nationwide bill on health care over very controversial issues such as your examples of Stem Cells, Assisted Suicide, cloning, etc. it should be by amendment. Otherwise, it should be up to each individual state. I don't think a simple majority in congress should dictate such things unilaterally.


Whether or not the issue is controversial isn't the point. The most controversial issue in the past 150 years was the Civil Rights Bill of 1964, and that didn't require an amendment and was decided by a simple majority in Congress (although it did receive more than a 2/3 majority in both houses).

I'm OK with letting the states decide and perhaps that's the best solution for the time being, but if the issue was ever deemed in the best interests of the nation as a whole, it would be unnecessary to go through the amendment process.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby idhawkman » Thu Jul 12, 2018 12:28 pm

RiverDog wrote:Whether or not the issue is controversial isn't the point. The most controversial issue in the past 150 years was the Civil Rights Bill of 1964, and that didn't require an amendment and was decided by a simple majority in Congress (although it did receive more than a 2/3 majority in both houses).

I'm OK with letting the states decide and perhaps that's the best solution for the time being, but if the issue was ever deemed in the best interests of the nation as a whole, it would be unnecessary to go through the amendment process.

See quote below on the civil rights act of 1964 which was legislated based on parts of the constitution. Health care is not in the constitution and would have no such reference for such acts.

The Civil Rights Act of 1964 (Pub.L. 88–352, 78 Stat. 241, enacted July 2, 1964) is a landmark civil rights and US labor law in the United States[5] that outlaws discrimination based on race, color, religion, sex, or national origin.[6] It prohibits unequal application of voter registration requirements, racial segregation in schools, employment, and public accommodations.

Powers given to enforce the act were initially weak, but were supplemented during later years. Congress asserted its authority to legislate under several different parts of the United States Constitution, principally its power to regulate interstate commerce under Article One (section 8), its duty to guarantee all citizens equal protection of the laws under the Fourteenth Amendment and its duty to protect voting rights under the Fifteenth Amendment.

The legislation had been proposed by President John F. Kennedy in June 1963, but opposed by filibuster in the Senate. Thereafter, President Lyndon B. Johnson pushed the bill forward, which in its final form was passed in the U.S. Congress by a Senate vote of 73-27 and House vote of 289-126 (70%-30%). The Act was signed into law by President Johnson on July 2, 1964, at the White House.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby RiverDog » Thu Jul 12, 2018 2:42 pm

I know all about the history of the civil rights legislation, but thanks for the refresher.

You suggested that simply because the issue of abortion was controversial that it should go through the amendment process rather than legislation requiring a simple majority in Congress. I disagreed, and used the Civil Rights Act of 1964 as an example of a controversial subject that did not have to resort to the amendment process.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby idhawkman » Thu Jul 12, 2018 3:16 pm

RiverDog wrote:I know all about the history of the civil rights legislation, but thanks for the refresher.

You suggested that simply because the issue of abortion was controversial that it should go through the amendment process rather than legislation requiring a simple majority in Congress. I disagreed, and used the Civil Rights Act of 1964 as an example of a controversial subject that did not have to resort to the amendment process.

I fully understand how we got here. I just don't think you can create a "right" to abortion with a simple majority especially since there's no constitutional backing to create it. NOTE: this is on the national level. State level is where this issue belongs in my opinion anyways.

Trying to apply a health care right to the whole country can't be done on a simple majority vote, IMO.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby RiverDog » Thu Jul 12, 2018 3:50 pm

idhawkman wrote:I fully understand how we got here. I just don't think you can create a "right" to abortion with a simple majority especially since there's no constitutional backing to create it. NOTE: this is on the national level. State level is where this issue belongs in my opinion anyways.

Trying to apply a health care right to the whole country can't be done on a simple majority vote, IMO.


Well, it can be done, because as you noted, it's just your opinion. You need to change "can't" to "shouldn't." Congress can pass any law they want, subject to court challenges.

And not everyone will agree that abortion is simply a health care issue. Some people will argue that it's a right to privacy, others a right to life.

Like I said, I don't necessarily disagree that the issue belongs at the state level.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby idhawkman » Thu Jul 12, 2018 4:38 pm

RiverDog wrote:
Well, it can be done, because as you noted, it's just your opinion. You need to change "can't" to "shouldn't." Congress can pass any law they want, subject to court challenges.


Well the moon "CAN" come off its axis and crash into the earth but logic says it won't. Therefore, congress will not pass any widespread health care act on these issues.

Also, if abortion is not a health care issue why do they go to clinics and only doctors perform them?
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby Aseahawkfan » Thu Jul 12, 2018 5:00 pm

idhawkman wrote:I agree that the R v W decision should be overturned and the states should dictate what their populace wants/needs. This may mean that some people may need to relocate to match their views. I'm a strict constitutionlist. The constitution doesn't give anyone a "right to privacy". Its not there. A right to an abortion is also not there regardless if the court thinks its a right to privacy.

If we as the American people want abortion to be part of a "right" (such as the bill of rights), then the legislature, president and states must go through the process to amend the constitution (like they did for the bill of rights).

I agree with River that Schumer must show that he opposes anything the President does so that he holds his position and whats left of the base together. However, many people now know that just by approving a single justice won't ban abortions on the first day he's seated. I think the days of single issue voters is coming to an end. It may not be over yet, but it is coming to an end as witnessed in the last election of Trump where many women, hispanics, blacks, etc voted for him despite his comments on a bus or on the campaign trail.


Did you see California's BS about states right's for immigration, but not for something like Roe vs. Wade? The sorry ass Democrats are all for states rights when The Fed is trying to enforce very Constitutional and necessary immigration laws, but bring up abortion and scumbag Dems are all about Federal government and Supreme Court. So much hypocrisy.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby burrrton » Thu Jul 12, 2018 6:03 pm

So much hypocrisy.


Yeah, I don't think they have a monopoly on it, but they're kinda redefining it in 2018 after they lost their minds over their candidate not winning an election.

Perfect example today: Four Dems sponsored a bill to abolish ICE. Paul Ryan said "Great- we'll vote on it." They said they'd vote no [edit- and had the balls to chastise him for a "political stunt"].

Satire is dead.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby RiverDog » Thu Jul 12, 2018 6:58 pm

idhawkman wrote:Also, if abortion is not a health care issue why do they go to clinics and only doctors perform them?


If you turn off life support on a terminal patient, you're not making a medical decision, to the contrary, the doctor has run out of options and has put the ball back in the family's court so that it is no longer a medical issue. It's a private, family decision. I think that a good many people would consider abortion in a similar light.

Once again, keep in mind that I'm not necessarily disagreeing with you. I'm playing a little bit of Devil's advocate.
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Re: Justice Kennedy Announces Plan to Retire from SCOTUS

Postby RiverDog » Thu Jul 12, 2018 7:08 pm

Aseahawkfan wrote:Did you see California's BS about states right's for immigration, but not for something like Roe vs. Wade? The sorry ass Democrats are all for states rights when The Fed is trying to enforce very Constitutional and necessary immigration laws, but bring up abortion and scumbag Dems are all about Federal government and Supreme Court. So much hypocrisy.


Here's a snippit from an article out of the LA Times from 3 years ago:

It started with in-state tuition. Then came driver's licenses, new rules designed to limit deportations and state-funded healthcare for children. And on Monday, in a gesture heavy with symbolism, came a new law to erase the word "alien" from California's labor code.

I don't like how Trump is handling the immigration issue, but I damn sure don't like how the Democrats have reacted to it. All they're doing is trying to mine the Latino voters.
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