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Amy Coney Barrett Nomination

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    Although I think it's unlikely that the outcome of the election will be decided by the Supreme Court, it's reassuring to know that, if it did, legal precedent would compel Amy Coney Barrett to recuse herself.

    At her confirmation hearings this past week, Barrett rightly deflected Democratic senators’ demands that she commit in advance to recusal, wisely promising instead to seriously consider the question should it arise. Barrett herself almost certainly does not know whether recusal is required and will not know until she is actually confronted with the question.

    But as Barrett must already understand, her decision was made exponentially more difficult by Caperton v. A.T. Massey Coal Co., an inartful and mischievous 5-to-4 case decided more than a decade ago by the court she will soon join. The ruling would seem to apply squarely to Barrett’s recusal decision and could well require, or at least counsel, her recusal.

    Caperton involved a litigant who spent $3 million to help elect a West Virginia Supreme Court of Appeals justice, who then voted to reverse a $50 million damage award against his benefactor. The U.S. Supreme Court found that the judge should have recused himself. Writing for the majority, Justice Anthony M. Kennedy said that recusal may be constitutionally required even where a judge is not actually biased, if there is a “serious risk of actual bias.”

    https://www.washingtonpost.com/opinions/2020/10/17/amy-coney-barrett-recuse-2020-election-cases-caperton-v-massey-coal-co/

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    Sorry Arizona, again an typical thing which only can take place in this corrupt "island". Using "Case Laws" as they do here is crazy. All of the "laws' here are convoluted or totally outdated due to the "system" here. That is the reason everything here is crippled by it. Just look at everything every day; it is "chaos". Why? because we refuse to make elections simple and uniform without "bribery" and "corruption" and loads of "money", as well elect "mafia" types to run the country who never went to school. Have an unworkable "two" party system which creates polarization; having 51 States who are not "uniform" in backing the Federal government. Having total outdated laws and now the "new" militia can run around with huge guns and create an "rebel" run country. Looking at the total picture here it is total "chaos" nothing else. Day after day proves this. Getting this "bitch" elected makes this "can" of worms an "barrel" of worms. Sorry this country (island) is beyond repair. This rust bucket is sinking fast.
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    Today the "bitch" likely will get the "appointment". Where is Schumer with his big mouth about "boycotting" this? Sorry Democrats, "words" alone don't work; "deeds" do. Now you are stuck with the "devil" in "sheeps" clothes. For at least 40 years.

    Is n't time do do something about the stupid "system" here as well "laws". First of all get the "church" out of governing, second appoint people for the Supreme Court only for one term of 4 years max.

    But yeah they like to stay stupid here and keep making the same mistake over and over again. Sorry the Dem's have no spine in their bodies. They will regret this for years and years to come. What an horrible stupid country!!

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    Dutch Wrote:

    Today the "bitch" likely will get the "appointment". Where is Schumer with his big mouth about "boycotting" this? Sorry Democrats, "words" alone don't work; "deeds" do. Now you are stuck with the "devil" in "sheeps" clothes. For at least 40 years.

    Is n't time do do something about the stupid "system" here as well "laws". First of all get the "church" out of governing, second appoint people for the Supreme Court only for one term of 4 years max.

    But yeah they like to stay stupid here and keep making the same mistake over and over again. Sorry the Dem's have no spine in their bodies. They will regret this for years and years to come. What an horrible stupid country!!

    Dutch, what actions are you expecting Schumer and other elected Democrats to do?

    Are you suggesting elected officials take illegal action, or that they use Trump corrupt methods that motivate irrational\radical\crazy left wing people to take matters into to their own hands that permanently solve or delay the problem. Yes, there are many options outside the law that can be taken to block the nomination from moving forward if one or more individuals want to interject themselves into the process in a harmful way.

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    The Chaos that happens when you're not in charge.........
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    wwjd Wrote:
    Dutch Wrote:

    Today the "bitch" likely will get the "appointment". Where is Schumer with his big mouth about "boycotting" this? Sorry Democrats, "words" alone don't work; "deeds" do. Now you are stuck with the "devil" in "sheeps" clothes. For at least 40 years.

    Is n't time do do something about the stupid "system" here as well "laws". First of all get the "church" out of governing, second appoint people for the Supreme Court only for one term of 4 years max.

    But yeah they like to stay stupid here and keep making the same mistake over and over again. Sorry the Dem's have no spine in their bodies. They will regret this for years and years to come. What an horrible stupid country!!

    Dutch, what actions are you expecting Schumer and other elected Democrats to do?

    Are you suggesting elected officials take illegal action, or that they use Trump corrupt methods that motivate irrational\radical\crazy left wing people to take matters into to their own hands that permanently solve or delay the problem. Yes, there are many options outside the law that can be taken to block the nomination from moving forward if one or more individuals want to interject themselves into the process in a harmful way.

    No, I expected that they would totally "negate" the whole thing. First of all why could McConnell do it while Obama was in charge and Obama did nothing to stop this. The Dem's could have done the same thing but were to stupid and went along with the process. Yes the Dem's are weaklings; it shows. They never should have even "talked" with that woman and "boycotted" it all the way. But yeah "religion" with Pelosi being "religious" it was an easy push over . Talking about "hypocrites"
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    Since the Republicans have been guilty of "court packing" due to the actions of "Moscow Mitch", it's obvious that some reforms in the judicial system are necessary. Joe Biden, in fact, has said that he would look into those reforms once he gets into office.

    The New York Times this morning published six different ways that reforms could be carried out. Personally, I like the idea of term limits, but the other ideas also have merit.

    https://www.nytimes.com/interactive/2020/10/27/opinion/supreme-court-reform.html?action=click&module=Opinion&pgtype=Homepage

    Whether the court regains its independence or cements itself as a third partisan branch of government is now largely up to Chief Justice John Roberts. If he does not act, and fast, to mitigate the court’s politicization, Democrats will be fully justified in expanding the court’s membership to restore balance — and indeed will face a public outcry if they don’t.

    https://www.washingtonpost.com/opinions/2020/10/26/its-up-john-roberts-save-his-court/

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    Dutch Wrote:
    wwjd Wrote:
    Dutch Wrote:

    Today the "bitch" likely will get the "appointment". Where is Schumer with his big mouth about "boycotting" this? Sorry Democrats, "words" alone don't work; "deeds" do. Now you are stuck with the "devil" in "sheeps" clothes. For at least 40 years.

    Is n't time do do something about the stupid "system" here as well "laws". First of all get the "church" out of governing, second appoint people for the Supreme Court only for one term of 4 years max.

    But yeah they like to stay stupid here and keep making the same mistake over and over again. Sorry the Dem's have no spine in their bodies. They will regret this for years and years to come. What an horrible stupid country!!

    Dutch, what actions are you expecting Schumer and other elected Democrats to do?

    Are you suggesting elected officials take illegal action, or that they use Trump corrupt methods that motivate irrational\radical\crazy left wing people to take matters into to their own hands that permanently solve or delay the problem. Yes, there are many options outside the law that can be taken to block the nomination from moving forward if one or more individuals want to interject themselves into the process in a harmful way.

    No, I expected that they would totally "negate" the whole thing. First of all why could McConnell do it while Obama was in charge and Obama did nothing to stop this. The Dem's could have done the same thing but were to stupid and went along with the process. Yes the Dem's are weaklings; it shows. They never should have even "talked" with that woman and "boycotted" it all the way. But yeah "religion" with Pelosi being "religious" it was an easy push over . Talking about "hypocrites"

    Dutch, You're not being specific about what actions you want to see happen, and how they should take those actions. You're just saying elected democrats aren't doing enough (of what?). What specifically should the elected democrats be doing that they aren't doing now?

    It sounds to me that you want them to start adopting Donald Trump methods and other dirty politics to get things done; lie, cheat, steal, bribe, lock up innocent people, whatever it takes, etc. Get the job done using all possible means. All lines can be crossed to accomplish an objective. Innocent people who are at the wrong place, the wrong time, its OK to destroy their lives because it is all part of the cost of accomplishing the political objectives; innocent people are expendable.

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    Barrett is a Supreme Court justice for the next 30 or 40 years so no amount of bitching can change that. She will be forever known as the Trump women on the court.

    It's not only the Supreme Court process that is broken, but the appointment process of the lower courts as well. McConnell's abuse has forced Biden's hand to form the commission, but if in the interim we get a whole bunch of 6-3 decisions overturning precedent, you can be sure that Biden will stack the courts. Biden cannot let SCOTUS routinely overrule every legislative measure simply because Republicans will brings suit after suit on any legislation they don't like.

    McConnell broke the system by blocking Obama lower court and SCOTUS judges. Dems will respond.

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    that guy in AZ Wrote:

    Although I think it's unlikely that the outcome of the election will be decided by the Supreme Court, it's reassuring to know that, if it did, legal precedent would compel Amy Coney Barrett to recuse herself.

    AZ, I will have a lot more respect for her if she does excuse herself, but I remain extremely skeptical because to get onto "The List" of nominees remains a political process that requires repayment\loyalty to the process that got her appointed to the SC. Example, if Judge Roberts weren't already on the SC, he would unlikely get onto the "The List" today because he is too independent; judges like him are eliminated from consideration and never make it to the nomination process, judges that do make it, understand how the game is played and understand what is expected of them once appointed even its never directly said or written down. They are vetted because they have the personality and willingness to repay the process that got them there. Does anyone think any judge that is not 100% willing to overturn Roe V Wade gets onto the Republican's List.

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    Schmidt Wrote:

    Barrett is a Supreme Court justice for the next 30 or 40 years so no amount of bitching can change that. She will be forever known as the Trump women on the court.

    It's not only the Supreme Court process that is broken, but the appointment process of the lower courts as well. McConnell's abuse has forced Biden's hand to form the commission, but if in the interim we get a whole bunch of 6-3 decisions overturning precedent, you can be sure that Biden will stack the courts. Biden cannot let SCOTUS routinely overrule every legislative measure simply because Republicans will brings suit after suit on any legislation they don't like.

    McConnell broke the system by blocking Obama lower court and SCOTUS judges. Dems will respond.

    Schmidt, I sure hope it plays out the way you describe it. My concern is that as long as there is a 6-3 split, all of legislation passed during the Biden presidency will be thrown out by the SC, including legislation to expand SC. If the majority on the SC don't want the SC expanded, they will strike it down as unconstitutional. IMO, the US Constitution has become more like The Bible, than legal document. By that I mean, people interpret The Bible to fit their existing beliefs, same with SC Judges when deciding if laws are constitutional. If the majority of SC don't like that idea of expanding the SC, they will strike it down as unconstitutional and backup their decision by quoting sections of the US Constitution. This is what religious leaders do when quoting The Bible to claim interracial marriage is wrong, homosexuality is wrong, other religions are wrong, etc, etc. And if those issues were to come before the SC, we can bet they would make the same legal rulings that uphold laws the forbid such personal choices. The makeup of this SC court would likely uphold "Separate by equal" segregation laws based on the legal text of the laws as written.

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    wwjd, Sure you have excellent comments and I agree with you that it is an "mess". I've written a million times that the "system" needs an drastic overhaul; the antique buggy needs to be replaced. The WHOLE picture should be looked at . All our outdated laws and "system" which is polluted by a "zillion" lawyers needs an revamp. Just as an example, by changing just one thing like a making an "mandatory tax return" law for any one who runs for President, could have prevented all the mess we are in right now and never we would have gotten the "idiot" is in the W.H. So start fixing all "clauses" and things missing in the Constitution. Amend, the "second amendment" so it makes sense. etc. As well amend the Constitution such way that it represents todays society, with clear instruction for instance on how to do an "impeachment" and not just let an Kentucky idiot design his own version. In other countries they make their base laws an "living document" ; here they rather use all kind of crooked lawyers to invent "loopholes". All of these things make life impossible, because no one has the guts to improve the laws in this country

    If we continue on this path , then we stay in turmoil. If the shoes are worn out, get new shoes.

    So my message is start at "a" and not half way with half baked patches only; it does not work, ask any S.American country.

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    Dutch, a complete overhaul of the US Constitution would be a good thing. Much of it would stay the same or be re-worded to fit better with our current society. Example would be that equal rights for all adults (men, women, minorities) would be carefully re-written in a new constitution. Currently women are not legally considered equal to men under US Constitution. Guns would not be a right, but licenced privigle limited to those who can prove they are trained and responsible; want to own multiple types of weapons, then pass increasing difficult exams proving qualifications to use them safely and responsibility. Only the best of the best get to own and use advanced weapons, taking 10-20 years to earn the full privileges; a bit like earning a Black Belt in martial arts.
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    Yes what you write is correct; however on "weapons" I might have different ideas. We are now in this shit because an "amendment" was poorly written, because they never did anticipate "gun" developments over time. In the future there likely will be "laser" guns etc. which kill without ammunition etc. Thus it should be "amended" from time to time to reflect developments affecting this killing "tool". Therefore related to the Constitution; stop with case laws but make the Constitution an "living" document updated all the time to reflect the time you live in. Such is standard in Europe, except of course the stupid Brits, who also ruined this country because of it. You absolutely don't see the "turmoil" things like here, in elections in Europe, also because there is not that much corrupted "money" spent on it as here. Here "people" don't count and be kept stupid; only "money" counts. That is the slogan here. But by electing an person who was bankrupt all his live and is now making this whole country bankrupt, because our laws allow this, then we will for sure end up in an disaster as it is now. Amen
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    wwjd Wrote:
    Schmidt Wrote:

    Barrett is a Supreme Court justice for the next 30 or 40 years so no amount of bitching can change that. She will be forever known as the Trump women on the court.

    It's not only the Supreme Court process that is broken, but the appointment process of the lower courts as well. McConnell's abuse has forced Biden's hand to form the commission, but if in the interim we get a whole bunch of 6-3 decisions overturning precedent, you can be sure that Biden will stack the courts. Biden cannot let SCOTUS routinely overrule every legislative measure simply because Republicans will brings suit after suit on any legislation they don't like.

    McConnell broke the system by blocking Obama lower court and SCOTUS judges. Dems will respond.

    Schmidt, I sure hope it plays out the way you describe it. My concern is that as long as there is a 6-3 split, all of legislation passed during the Biden presidency will be thrown out by the SC, including legislation to expand SC. If the majority on the SC don't want the SC expanded, they will strike it down as unconstitutional. IMO, the US Constitution has become more like The Bible, than legal document. By that I mean, people interpret The Bible to fit their existing beliefs, same with SC Judges when deciding if laws are constitutional. If the majority of SC don't like that idea of expanding the SC, they will strike it down as unconstitutional and backup their decision by quoting sections of the US Constitution. This is what religious leaders do when quoting The Bible to claim interracial marriage is wrong, homosexuality is wrong, other religions are wrong, etc, etc. And if those issues were to come before the SC, we can bet they would make the same legal rulings that uphold laws the forbid such personal choices. The makeup of this SC court would likely uphold "Separate by equal" segregation laws based on the legal text of the laws as written.

    So, here is my opinion which is worth nothing:

    The constitution forbids congress passing ex post facto laws, bills of attainder and religious tests. That. Is. It. (iirc) Any claims as to constitutionality of laws are actually either discussions revolving around things like equal treatment or whether or not a law meets the “policy positions”, to borrow from the hack just approved, of SCOTUS justices as to whether something fits the definition of “General Welfare.” Thus, we have, as we will always have, personal bias (read: policy positions) impacting law reviewed by the SCOTUS. Any claims to the contrary are disingenuous at best.