Trump White House Is Getting Things Ready For A Second SCOTUS Vacancy

[Emjay]

Thinking Ginsbeg will retire during a Trump administration is pure fantasy...

I'd never heard the theory about why she didn't retire during Obama.  If it's true, that is a credit to the old broad.

[Hoodat]

You really think Ginsburg will retire?

I think Ginsburg died two years ago.  Once we can prove it, we can replace her.

[cato potatoe]

She plans to in an election year, thereby turning out the base like Scalia.

[libertybele]

I don't think Ginsburg has any intention of retiring. Yes, she's elderly, battled cancer and recently lost her husband, but IMHO her 'job' on the bench is what's keeping her alive; it gives her a purpose for living.  The old broad is definitely in much better shape than I am; it should  be noted she has a workout regime; she can chest press 70 lbs and was able to do 20 push ups for her 80th birthday!

http://www.politico.com/magazine/story/2017/02/rbg-ruth-bader-ginsburg-workout-personal-trainer-elena-kagan-stephen-breyer-214821

[Emjay]

I don't think Ginsburg has any intention of retiring. Yes, she's elderly, battled cancer and recently lost her husband, but IMHO her 'job' on the bench is what's keeping her alive; it gives her a purpose for living.  The old broad is definitely in much better shape than I am; it should  be noted she has a workout regime; she can chest press 70 lbs and was able to do 20 push ups for her 80th birthday!

http://www.politico.com/magazine/story/2017/02/rbg-ruth-bader-ginsburg-workout-personal-trainer-elena-kagan-stephen-breyer-214821

If that is what's keeping her alive ... and it probably is ... then why push her out.

[Polly Ticks]

If that is what's keeping her alive ... and it probably is ... then why push her out.

Because she sleeps on the bench instead of listening to the arguments. 

[libertybele]

Because she sleeps on the bench instead of listening to the arguments.

Just a little tidbit on the SCOTUS. It seems they spend more time throwing out cases rather than hearing them.  No wonder Ruth sleeps...

The Supreme Court hears three types of cases:

    2/3 are cases appealed from lower federal courts
    1/3 are cases appealed from state supreme courts
    Rarely, they hear cases that have not been previously heard by a lower court, such as between one state's government and another.

The justices decide which cases they will hear, about 80 each year. They decide another 50 without hearing arguments. The cases they choose usually address constitutional issues or federal law.

The Supreme Court gets about 7000 requests to hear cases per year, so there are many cases that don't get heard. If they decide not to hear a case, the decision of the lower court stands.

http://www.civilrights.org/judiciary/courts/supreme.html

[Polly Ticks]

Just a little tidbit on the SCOTUS. It seems they spend more time throwing out cases rather than hearing them.

Yes, I am aware. I fail to see how that justifies sleeping on the job.

[bigheadfred]

Yes, I am aware. I fail to see how that justifies sleeping on the job.

Let sleeping hags lie.

[libertybele]

Yes, I am aware. I fail to see how that justifies sleeping on the job.

Geesh ... next time I'll use the silly emoji. 

[Weird Tolkienish Figure]

Because she sleeps on the bench instead of listening to the arguments.

Might not be a bad thing. Just don't wake her when writing opinions.

[montanajoe]

Because she sleeps on the bench instead of listening to the arguments.

Actually in 90% of the cases the Justices have all ready made up their minds from the briefs that have been submitted, oral argument is a bit of a dog and pony show...

[Emjay]

Yes, I am aware. I fail to see how that justifies sleeping on the job.

It doesn't and she should retire.  I was just feeling a bit of misplaced sympathy for her.  I'm over it now.

[To-Whose-Benefit?]

You are assuming a lot about Goresuch

What I'm assuming is that Senator Mike Lee is telling the truth about the Gorsuch decisions he's read.

According to Lee, Gorsuch is anti Chevron, and that, over time, can be as devastating to the Super State as what Fat Man and Little Boy did to Hiroshima and Nagasaki.

Chevron Deferrence: Your Guide To Understanding 2 of Today's Supreme Court Decisions

https://lawblog.justia.com/2012/05/21/chevron-deference-your-guide-to-understanding-two-of-todays-scotus-decisions/

Chevron Deference Explained

Chevron deference is a principle of administrative law requiring courts to defer to interpretations of statutes made by those government agencies charged with enforcing them, unless such interpretations are unreasonable. The principle is named for the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., which involved a dispute over the Environmental Protection Agency’s interpretation of a provision of the Clean Air Act Amendments of 1977. Under Chevron, even if a court finds that another interpretation is reasonable, or even better than the agency’s interpretation, it must defer to the agency’s reasonable interpretation.

Reasonableness in part turns on whether the statute unambiguously addresses the issue. If it does, then the unambiguous meaning controls. If the statute is ambiguous, then the court asks whether the agency’s interpretation of the ambiguous provision is based on a permissible construction of the statute. A permissible construction is one that is not “arbitrary, capricious, or manifestly contrary to the statute.” In other words, it is a very low threshold of deference.

Kill Chevron, and the actual Laws rather than penumbrated feelings return to being the controlling authority rather than unelected, faceless bureaucrat regulations.

That, and watching him feed DiFi her gluteus maximus to wear for a hat.


https://youtu.be/4KUKO5DsExI

[bigheadfred]

What I'm assuming is that Senator Mike Lee is telling the truth about the Gorsuch decisions he's read.

According to Lee, Gorsuch is anti Chevron, and that, over time, can be as devastating to the Super State as what Fat Man and Little Boy did to Hiroshima and Nagasaki.

That was most informative. Thanks for the post.

[libertybele]

What I'm assuming is that Senator Mike Lee is telling the truth about the Gorsuch decisions he's read.

According to Lee, Gorsuch is anti Chevron, and that, over time, can be as devastating to the Super State as what Fat Man and Little Boy did to Hiroshima and Nagasaki.

Chevron Deferrence: Your Guide To Understanding 2 of Today's Supreme Court Decisions

https://lawblog.justia.com/2012/05/21/chevron-deference-your-guide-to-understanding-two-of-todays-scotus-decisions/

Chevron Deference Explained

Chevron deference is a principle of administrative law requiring courts to defer to interpretations of statutes made by those government agencies charged with enforcing them, unless such interpretations are unreasonable. The principle is named for the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., which involved a dispute over the Environmental Protection Agency’s interpretation of a provision of the Clean Air Act Amendments of 1977. Under Chevron, even if a court finds that another interpretation is reasonable, or even better than the agency’s interpretation, it must defer to the agency’s reasonable interpretation.

Reasonableness in part turns on whether the statute unambiguously addresses the issue. If it does, then the unambiguous meaning controls. If the statute is ambiguous, then the court asks whether the agency’s interpretation of the ambiguous provision is based on a permissible construction of the statute. A permissible construction is one that is not “arbitrary, capricious, or manifestly contrary to the statute.” In other words, it is a very low threshold of deference.

Kill Chevron, and the actual Laws rather than penumbrated feelings return to being the controlling authority rather than unelected, faceless bureaucrat regulations.

That, and watching him feed DiFi her gluteus maximus to wear for a hat.


https://youtu.be/4KUKO5DsExI

Great post!  Thank you!!

[Frank Cannon]

Because she sleeps on the bench instead of listening to the arguments.

She can nap because she has all her decision pre-ruled in a special book.....