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Topic: its really annoying to hear liberal senators complain about
Replies: 30   Last Post: Oct 26, 2020, 2:56 PM by: Chuckston T-Man
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Replies: 30  

its really annoying to hear liberal senators complain about

[4]
Posted: Oct 26, 2020, 11:45 AM
    Reply

judicial activism they expect to come about with the confirmation of Justice Barrett.

Let there be no mistake. Judicial activism was invented by the left during the Warren Court. Conservatives were told time and again that "elections have consequences."

Well, to quote Lindsey, its time for Conservatives to use the liberals "words against" them. You people brought the era of the activist Court with the Warren Court. As you have sown, so shall you reap, my liberal friends.

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Ah yes, the "you started it" defense. Compelling.***

[1]
Posted: Oct 26, 2020, 11:50 AM
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lube up because all your precious unwritten "rights"

[1]
Posted: Oct 26, 2020, 11:52 AM
    Reply

which were invented out of whole cloth in the last 60 years are going to be erased.

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You mean the Heller decision? Or Citizens United?***

[1]
Posted: Oct 26, 2020, 12:15 PM
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Heller should be required reading for anyone


Posted: Oct 26, 2020, 1:39 PM
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who wants to understand how textualism is supposed to work.

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Textualism works by twisting the obvious meaning of

[2]
Posted: Oct 26, 2020, 1:59 PM
    Reply

words and phrases in the Constitution to achieve a cynical, conservative result. The rationale for the Heller decision is preposterous and it's a textbook example of judicial activism.

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Textualism doesn't hold up to scrutiny.

[3]
Posted: Oct 26, 2020, 2:19 PM
    Reply

It completely ignores the fact the constitution was written by multiple authors and thinks the 9th amendment was just for funsies. The beautiful part of it is everything that wasn't specifically written to be legal also isn't specifically written to be illegal. Thus you can use the same textualism to come down on whichever side of an argument you want.

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Isn't that the court packing defense?***

[1]
Posted: Oct 26, 2020, 11:52 AM
    Reply



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It's the defense of a lot of indefensible things.

[2]
Posted: Oct 26, 2020, 12:04 PM
    Reply

I just find it funny how often the party of personal responsibility takes no responsibility for their own hypocrisy. It's almost as if they have no integrity.

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I would remind you that extremism in the defense of liberty


Posted: Oct 26, 2020, 12:05 PM
    Reply

is no vice!

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Cool bumper sticker.***


Posted: Oct 26, 2020, 12:13 PM
    Reply



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Re: I would remind you that extremism in the defense of liberty

[1]
Posted: Oct 26, 2020, 12:59 PM
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Alex,

WOW quoting the unhinged Barry Goldwater.

The election results will be similar.


I sense many penumbras and emanations


Posted: Oct 26, 2020, 1:40 PM
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wafting from your general direction ;)

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Sounded Good in '64


Posted: Oct 26, 2020, 2:31 PM
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Got Barry 6 states

2020 orange level member

19B

Since the Warren court, Republicans have appointed 21

[4]
Posted: Oct 26, 2020, 11:53 AM
    Reply

SC justices. Democrats: 4.

What a bunch of liberal activists.

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I said nothing about Republican vs Democrat


Posted: Oct 26, 2020, 12:01 PM
    Reply

try to keep up

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The public's political reaction to Republicans packing The

[1]
Posted: Oct 26, 2020, 11:58 AM
    Reply

Court will be swift and strong.

Republicans will reap what they have sown.

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the polls show majority support Justice Barrett


Posted: Oct 26, 2020, 12:02 PM
    Reply

also, no way the Democrats will have the votes for Court Packing. Several Democrat senators have already distanced themselves from that idea

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Like electing Donald Trump, packing The Court with right


Posted: Oct 26, 2020, 12:07 PM
    Reply

wing extremist and tilting the balance so dramatically against the will of the people will be to the GOP like pissing in your pants to keep your ### warm.

This is going to be an albatross around Republican necks for years to come.

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I disagree. the only downside I see is the Evangelicals may

[1]
Posted: Oct 26, 2020, 12:10 PM
    Reply

decide "mission accomplished" and stay home.

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You're in for a rude awakening.

[1]
Posted: Oct 26, 2020, 12:12 PM
    Reply

You are in denial and it's going to be ugly.

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Re: the polls show majority support Justice Barrett

[4]
Posted: Oct 26, 2020, 12:15 PM
    Reply

...and we'll see how long that lasts when the Court kills ObamaCare and reverses Roe v. Wade in the first few weeks of Barrett's tenure, along with whatever else lands.

Ordinarily I actually prefer strict-constructionists, and I do actually personally like Barrett. (I've stated as such on a couple of prior posts.) I'd strongly prefer a court to stay center-right because slow, steady, cautious, and conservative is generally the way to go when you're talking about setting legal precedents. But a 5-4 court with Roberts acting as a swing vote is center-right. A 6-3 court with no swing vote...that's potentially a problem.

IMHO, a lopsided court will start passing judgements that are out of sync with public sentiment...and that in turn blows up the court's ability to function as a neutral arbiter. How can it, if the majority of people do not agree with its judgments?

That'll get the court packed really quick...with the overwhelming support of the public. Which in turn invites reprisals...McConnell worked really hard for what are likely to be highly transitory gains on this one.


you really think that's going to happen?

[1]
Posted: Oct 26, 2020, 12:28 PM
    Reply

Obamacare and Roe v Wade overturned within a few weeks of her getting in? I think neither will happen for at all.

The fix for Obamacare is to get a plan to make it better. This lies in the laps of the legislature. Until they can get along or one side gets a control of both houses, nothing is going to happen with that.

I blame both sides for this whole mess.

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Re: you really think that's going to happen?


Posted: Oct 26, 2020, 12:54 PM
    Reply

I agree. Let the congress work but with their ideology. We don't have to pass anything just sue in court over things we don't like. Let the courts write our laws.


Ah yes, the "you started it" defense. Compelling.***


Posted: Oct 26, 2020, 12:21 PM
    Reply



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You either responded to the wrong post or you


Posted: Oct 26, 2020, 12:33 PM
    Reply

had a stroke.

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Neither.


Posted: Oct 26, 2020, 2:08 PM
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It fit your "you did it first!" line of logic.

Thanks Murcielago

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No, it wasn't. As usual, it went right over your head.


Posted: Oct 26, 2020, 2:56 PM
    Reply

I was pointing out that the American voter is going to skewer some Republican ### for years to come because you guys are packing the courts with an extremist.

I made no mention of a Democratic Party response to Republican court packing efforts.

Obviously, you were impatient and eager to respond to a post using Murcielago's example, but you came up far short of his efforts.

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It is an impossible standard


Posted: Oct 26, 2020, 12:52 PM
    Reply

If you fog a mirror in the process of determining the outcome of any case, you could be called an activist judge.

In DC v Heller, some people claimed Scalia was guilty of filling in the constitutional blanks in that decision, because he essentially interpreted the 2nd Amendment a certain way. That is what Justice Stevens seemed to infer anyway.

Guess it all depends on your perspective.


Re: its really annoying to hear liberal senators complain about


Posted: Oct 26, 2020, 12:57 PM
    Reply

Alex,

I don't think liberals are straight out complaining about judicial activism. We think that the Constitution must be interpreted within the times that we live. America has changed in the last 200+ years

However, we can complain (& do) about conservatives who preach originalism while practicing judicial activism.


Change, the true enemy of the conservative.


Posted: Oct 26, 2020, 2:22 PM
    Reply

Except for pennies, they ####ing love those.

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