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Author Topic: Justice Kennedy Retiring!  (Read 22954 times)

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Offline Sanguine

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Re: Justice Kennedy Retiring!
« Reply #375 on: June 29, 2018, 03:48:32 pm »
Quote from: Oceander on June 29, 2018, 03:43:43 pm
“Judicial activism” is just dog-whistle code for “I don’t like what that mean judge said, Mommy!”

No it's not.  It's a clear argument against arriving at judgements that have the effect of legislation and do not follow the limits placed by the Constitution.
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Offline INVAR

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Re: Justice Kennedy Retiring!
« Reply #376 on: June 29, 2018, 03:56:27 pm »
Quote from: Jazzhead on June 29, 2018, 03:48:29 pm
That's hypocrisy.

No, the hypocrisy is found in your advocacy of rights found in the 'penumbras' and 'emanations' of the text of the Constitution that you then herald and insist are 'equal protection' when in-fact they are NOT equal protection advocacies, but SPECIAL RIGHTS  to be afforded so as to intrude on institutions that predate the existence of this continent in written history.

Then again, you are one who insists that there is the explicit instruction to separate church and state written in the Constitution.
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Offline Jazzhead

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Re: Justice Kennedy Retiring!
« Reply #377 on: June 29, 2018, 04:20:36 pm »
Quote from: Oceander on June 29, 2018, 03:43:43 pm
“Judicial activism” is just dog-whistle code for “I don’t like what that mean judge said, Mommy!”

It is when the term is flung around hypocritically.   But judges are charged with interpreting the law, not making it.  That concept is a sound one,  IMO, so long as it is applied to the goose as well as the gander.   
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Offline Sanguine

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Re: Justice Kennedy Retiring!
« Reply #378 on: June 29, 2018, 04:39:42 pm »
Quote from: Jazzhead on June 29, 2018, 04:20:36 pm
It is when the term is flung around hypocritically.   But judges are charged with interpreting the law, not making it.  That concept is a sound one,  IMO, so long as it is applied to the goose as well as the gander.  

What does that mean?  The standard against which "right and wrong" is measured is the Constitution.
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Offline truth_seeker

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Re: Justice Kennedy Retiring!
« Reply #379 on: June 29, 2018, 04:49:53 pm »
Quote from: edpc on June 29, 2018, 01:20:56 pm

The miniseries on Netflix about the trial was pretty good.  I wouldn't recommend watching it if you're not prepared to be upset by that travesty all over again.

It was pretty good. With the public knowing more about DNA, I wonder if the oucome might have been different?

I had and have empathy for those career prosecutors, up against the Dream Team of rich lawyers. 
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Offline edpc

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Re: Justice Kennedy Retiring!
« Reply #380 on: June 29, 2018, 05:09:35 pm »
Quote from: truth_seeker on June 29, 2018, 04:49:53 pm
It was pretty good. With the public knowing more about DNA, I wonder if the oucome might have been different?

I had and have empathy for those career prosecutors, up against the Dream Team of rich lawyers.


There were missteps made by the investigators and prosecution that were fatal errors.  Most of all, it was a referendum on the King trial and riots, a couple years prior.
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Offline Emjay

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Re: Justice Kennedy Retiring!
« Reply #381 on: June 29, 2018, 06:29:13 pm »
Quote from: aligncare on June 29, 2018, 02:06:39 pm
Agree. Fidelity to the constitution as written is paramount.

Gorsuch showed fidelity to the constitution when he voted against the original travel ban.  He showed it again when he voted FOR the revised travel ban.
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Online Hoodat

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Re: Justice Kennedy Retiring!
« Reply #382 on: June 29, 2018, 08:54:47 pm »
@Jazzhead is the same poster who says "abortion must remain legal" despite what the Constitution says.  He also says that 'special Protection' trumps the Bill of Rights.

Oh sure, he claims it to be "equal" protection.  Yet it is a protection that is not extended to polygamists.

For Jazzhead to claim to want Justices who rule based on the Constitution is pure unadulterated bullshit.  Look no further than his elevation of 'separation of church and state' as superior to the wording of Amendment I.
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Offline jmyrlefuller

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Re: Justice Kennedy Retiring!
« Reply #383 on: June 29, 2018, 09:27:38 pm »
Quote
Oh sure, he claims it to be "equal" protection.  Yet it is a protection that is not extended to polygamists.
Or even the involuntary single, which they don't even recognize.
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Offline truth_seeker

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Re: Justice Kennedy Retiring!
« Reply #384 on: June 29, 2018, 09:33:01 pm »
Quote from: jmyrlefuller on June 29, 2018, 09:27:38 pm
Or even the involuntary single, which they don't even recognize.
A serious suggestion, to deal with your obsession over being involuntarily single:

Embrace Jordan B. Peterson

Available in book form, podcast form, YouTube form. 
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Online Hoodat

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Re: Justice Kennedy Retiring!
« Reply #385 on: June 29, 2018, 10:36:29 pm »
Quote from: Jazzhead on June 29, 2018, 03:48:29 pm
Overturning Roe v. Wade at this late date would be the height of judicial activism.

Roe v. Wade is judicial activism.  To overturn Roe is to overturn judicial activism.


Quote from: Jazzhead on June 29, 2018, 03:48:29 pm
The proper avenue is a Constitutional amendment, but you know damn well there is no support for that.

What's the point of a Constitutional amendment when the Constitution itself is being ignored?




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"The [U.S.] Constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government."     -Ayn Rand-

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Re: Justice Kennedy Retiring!
« Reply #386 on: June 29, 2018, 10:44:08 pm »
Quote from: Hoodat on June 29, 2018, 10:36:29 pm
Roe v. Wade is judicial activism.  To overturn Roe is to overturn judicial activism.


What's the point of a Constitutional amendment when the Constitution itself is being ignored?






Nope.  Whatever its provenance, it’s become as much a part of the Constitutional fabric as much else, and overturning it now would be judicial activism. 
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Online Hoodat

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Re: Justice Kennedy Retiring!
« Reply #387 on: June 29, 2018, 10:45:54 pm »
Quote from: Jazzhead on June 29, 2018, 03:48:29 pm
We can expect the SCOTUS to clarify the right of the states to regulate/restrict the abortion right

The abortion right?  This ought to be good.  Where in the Constitution can I find this so-called abortion right?

Good grief, man.  The dishonesty of your argument is startling.  The 'abortion' right was an invention of the Roe court - a textbook example of judicial activism.  Yet you rail against judicial activism in your quest to protect It?  Wow.  Just wow.
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Online Hoodat

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Re: Justice Kennedy Retiring!
« Reply #388 on: June 29, 2018, 10:52:33 pm »
Quote from: Oceander on June 29, 2018, 10:44:08 pm
Nope.  Whatever its provenance, it’s become as much a part of the Constitutional fabric as much else, and overturning it now would be judicial activism.

Yep.  They made the same argument about o erturning Plessy.  Congrats.  You and the Klan share the same legal argument.

For me, I'll go by what the Constitution says.  Roe was just as wrong as Plessy.  Both were derived outside the confines of the Constitution.  Both should be overturned.  Per the Constitution. 

And I am sick of people like you offering the silly lie that following the Constitution is somehow bad.
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Offline Cyber Liberty

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Re: Justice Kennedy Retiring!
« Reply #389 on: June 29, 2018, 11:28:14 pm »
Quote from: Hoodat on June 29, 2018, 10:36:29 pm
What's the point of a Constitutional amendment when the Constitution itself is being ignored?

The SCOTUS would probably overturn an Amendment as unconstitutional.  The Ninth Circus would find it so for sure, if it offends their sensibilities.  BTW, that argument is why I stand against an Article V Convention of the States.
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Offline Bigun

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Re: Justice Kennedy Retiring!
« Reply #390 on: June 29, 2018, 11:33:29 pm »
Quote from: Hoodat on June 29, 2018, 10:52:33 pm
Yep.  They made the same argument about o erturning Plessy.  Congrats.  You and the Klan share the same legal argument.

For me, I'll go by what the Constitution says.  Roe was just as wrong as Plessy.  Both were derived outside the confines of the Constitution.  Both should be overturned.  Per the Constitution. 

And I am sick of people like you offering the silly lie that following the Constitution is somehow bad.

@Hoodat

You mind a little company?
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Offline txradioguy

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Re: Justice Kennedy Retiring!
« Reply #391 on: June 29, 2018, 11:40:48 pm »
Quote from: Hoodat on June 29, 2018, 10:52:33 pm
Yep.  They made the same argument about o erturning Plessy.  Congrats.  You and the Klan share the same legal argument.

For me, I'll go by what the Constitution says.  Roe was just as wrong as Plessy.  Both were derived outside the confines of the Constitution.  Both should be overturned.  Per the Constitution. 

And I am sick of people like you offering the silly lie that following the Constitution is somehow bad.

 888high58888
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Online Hoodat

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Re: Justice Kennedy Retiring!
« Reply #392 on: June 30, 2018, 12:34:43 am »
Quote from: Bigun on June 29, 2018, 11:33:29 pm
@Hoodat

You mind a little company?

Your input is always welcome, @Bigun
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If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.     -Dwight Eisenhower-

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Offline Bigun

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Re: Justice Kennedy Retiring!
« Reply #393 on: June 30, 2018, 12:46:17 am »
Quote from: Hoodat on June 30, 2018, 12:34:43 am
Your input is always welcome, @Bigun

Quote
"The Constitution is not a living organism.  It is a legal document, and it says what it says and doesn't say what it does not say."

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« Last Edit: June 30, 2018, 12:48:36 am by Bigun »
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Offline TomSea

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Re: Justice Kennedy Retiring!
« Reply #394 on: June 30, 2018, 03:47:35 am »
3 of the 5 on the narrowed down short list are women per the Daily Mail. Not sure where they got that from.
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Offline TomSea

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Re: Justice Kennedy Retiring!
« Reply #395 on: June 30, 2018, 03:49:02 am »
Hoodat's a blessing to this forum.
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Re: Justice Kennedy Retiring!
« Reply #396 on: June 30, 2018, 11:43:25 am »
Quote from: TomSea on June 30, 2018, 03:47:35 am
3 of the 5 on the narrowed down short list are women per the Daily Mail. Not sure where they got that from.

@TomSea

If DM said three, that’s wrong.  According to Trump on Air Force One to reporters, he has it narrowed down to five, with two being women.

I don’t care if it’s a woman or not, and I wish it would stop being a factor.
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Offline DCPatriot

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Re: Justice Kennedy Retiring!
« Reply #397 on: June 30, 2018, 11:47:28 am »
Quote from: CatherineofAragon on June 30, 2018, 11:43:25 am
@TomSea

If DM said three, that’s wrong.  According to Trump on Air Force One to reporters, he has it narrowed down to five, with two being women.

I don’t care if it’s a woman or not, and I wish it would stop being a factor.

Makes sense to counter the abortion-rights fear foisted upon women by the DEMS and MSM.   :shrug:
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Online Hoodat

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Re: Justice Kennedy Retiring!
« Reply #398 on: June 30, 2018, 12:36:02 pm »
Quote from: TomSea on June 30, 2018, 03:49:02 am
Hoodat's a blessing to this forum.

Thank you for your encouragement.  I have a lot of passion for our Constitution.
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If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.     -Dwight Eisenhower-

"The [U.S.] Constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government."     -Ayn Rand-

Online Hoodat

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Re: Justice Kennedy Retiring!
« Reply #399 on: June 30, 2018, 12:37:42 pm »
Quote from: CatherineofAragon on June 30, 2018, 11:43:25 am
@TomSea
I don’t care if it’s a woman or not, and I wish it would stop being a factor.
 

Agreed.  If appointing a woman is a necessity, then save it for Ginsburg's seat.
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If a political party does not have its foundation in the determination to advance a cause that is right and that is moral, then it is not a political party; it is merely a conspiracy to seize power.     -Dwight Eisenhower-

"The [U.S.] Constitution is a limitation on the government, not on private individuals ... it does not prescribe the conduct of private individuals, only the conduct of the government ... it is not a charter for government power, but a charter of the citizen's protection against the government."     -Ayn Rand-
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