tag:blogger.com,1999:blog-8746692.post3767140053070612118..comments2024-03-19T11:28:58.168-04:00Comments on History Unfolding: The Supreme Court and American LifeDavid Kaiserhttp://www.blogger.com/profile/05020082243968071584noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-8746692.post-10870165986826357002018-07-12T10:08:50.696-04:002018-07-12T10:08:50.696-04:00Professor
Perhaps this passage refers to the ERA, ...Professor<br />Perhaps this passage refers to the ERA, which had been kicked around for a long time:<br /><br />"For proponents of abortion rights, however, the Constitutional issue was secondary from the beginning, while feminist conceptions of rights were primary."<br /><br />It would still be a constitutional issue, even if passed by Congress.<br /><br />All the best Bozonhttps://www.blogger.com/profile/18078858723231122013noreply@blogger.comtag:blogger.com,1999:blog-8746692.post-74026007266682301162018-07-01T11:18:48.967-04:002018-07-01T11:18:48.967-04:00
The courts’ courageous role in fighting segregati...<br />The courts’ courageous role in fighting segregation has, in my opinion, given them an unduly rosy reputation for dispensing “justice.” Our so-called system of justice does not concern itself with “justice;” it is simply a system for resolving disputes. I do not know anything about the criminal side, but in civil (non-criminal) law, we do not want abstract notions of “justice” to dictate outcomes. Think about the issue this way: how would you feel if you walked into court to find that Donald Trump is your judge and he has the power to dispense what he believes to be “justice?” As a lawyer, I have much more faith in stare decisis, the rule that precedence— past judicial decisions— should decide outcomes. We must wrest back control of Congress and the presidency and put an end to the myth that the courts will save us.Anonymoushttps://www.blogger.com/profile/02859564870187067484noreply@blogger.comtag:blogger.com,1999:blog-8746692.post-2267139331461547352018-07-01T09:55:04.877-04:002018-07-01T09:55:04.877-04:00As you have said here, “returning the Supreme Cour...As you have said here, “returning the Supreme Court to a lesser place in our system might make for a healthier democracy.” However, this is not what the so-called “conservative movement” has in mind. Instead, the goal is to revive the version of substantive due process embodied in Locher v. New York, whereby the Supreme Court struck down laws infringing on “economic liberty” or “private contract rights.” Lochnerism reigned from 1897 to 1937, during which it was used to strike down labor laws and much of the early New Deal. Once thoroughly discredited, Locherism has been enjoying a comeback. In 2012, four justices voted to strike down the Affordable Care Act, which Justice Goldberg rightly characterized as Lochnerism.<br /><br />The “conservative movement” – let’s call it what it really is, a radical movement underwritten by plutocrats with no sense of social obligation – can see the writing on the wall. The influence of older white voters is fading, so power needs to be held by undemocratic means. The first bulwark is the Senate. Because the Constitution awards two votes per state without regard to population, the Senate was controlled in 2015 by 54 Republican Senators who received 20 million fewer votes than their 46 Democratic colleagues. The second bulwark is gerrymandering, which tilts the field in the House. The third bulwark is voter ID laws, the "cleansing" of voter registration roles, and other voting barriers targeted at Democratic voters. The fourth bulwark is unlimited dark money which, in the name of free speech, permits plutocrats to buy elections. The fifth bulwark is, or soon will be, the Supreme Court, standing ready to invalidate any liberal proposals that manage to be enacted into law despite the other impediments. The Court has already opened the door to unlimited dark money and indicated its indifference to gerrymandering and voting barriers.The Old Curmudgeonhttps://www.blogger.com/profile/11084790683033919407noreply@blogger.comtag:blogger.com,1999:blog-8746692.post-64374675900340696022018-06-30T23:25:05.814-04:002018-06-30T23:25:05.814-04:00After the Merrick Garland affair, I am ready to se...After the Merrick Garland affair, I am ready to see the Dems do anything regarding the goddam Court. The Republican Party holds the Constitution in naked contempt--certainly its spirit, and increasingly even its letter. Pack the Court? Hell, yes. It would further erode our democracy? Claptrap. This might be one of the very few things that would save it from a party that has embraced fascism in all but name. We need to start playing by their rules. Let them do the squealing, and above all, put them on the goddam defensive. The current Dem party, I suspect, lacks the guts. (I wonder, by the way, what would have happened had Obama named Richard Posner to replace Scalia, as an emeritus appointment to reward extraordinary achievement. Could even McConnell and Grassley have refused him a hearing?)Anonymoushttps://www.blogger.com/profile/12222400526348991523noreply@blogger.comtag:blogger.com,1999:blog-8746692.post-39979120398487700742018-06-30T04:45:59.545-04:002018-06-30T04:45:59.545-04:00https://www.theatlantic.com/education/archive/2018...https://www.theatlantic.com/education/archive/2018/03/school-segregation-is-not-a-myth/555614/<br />http://time.com/5139118/inside-trumps-plan-to-dramatically-reshape-us-courts/<br /><br />You got me curious and I googled some articles which informed a lot. Also basic information from wikipedia. There are 179 federal judges. Wikipedia shows % confirmed by democratic presidents. Mcconnell delayed Obama appointments. There<br />are 179 federal judges. Wikipedia shows % confirmed by democratic presidents. Mcconnell delayed Obama nominees and is now steamrolling the process to get constitutional literalists on the bench. Whereas everything else about Trump amnd congress seems to be chaos, this is not. His sister is a judge, kennedy's son was his banker. <br /><br />About segregation it seems more complicated but although population is getting more diverse poor are more mjnority and more segregated. Court appointees by Trump will be reactionary. I look at muslim countries, backlash there against sexual revolution, western values and freedoms and see people trying to cling to a text, koran, which holds eternal truth. Essentially we could be getting a puritanical theocracy in America through courts. Business rights, property owner rights, sexual conservatism, state's rights, racial rights(vs. multiculturalism) of separatism. So civil war is being fought through the back door, on the sly. The right wing complains that MSM, hollywood, google, facebook, twitter are propaganda machinery for the left liberal coasts destroying morality of religion, male worth, family, white values in favor of gay pride, single motherhood, black poverty, ghettoization. Of course extreme right wing decisions just lead welfare for banks, rich individuals and corporations. The conservative talk is a veneer in the end to get rich for their ethnic, religious group and suppress women women gays, blacks, latinos. If this goes too far that the right feel that the MSM press call them good ole boy bible thumping billionaire nazi hicks and the left feel outmaneuvered in court appointments, gerrymmandering then resentment could end in violence leading to seccession, mass migration by like minded or minorities(ethnic cleansing like in africa, yugoslavia). This could be simple solution to insoluble roblem of values. Greks just kept fighting over democracy vs. Oligarchy, extremists dominating each side, till the country was a mess and only military was a good job. Let's hope we don't go so far.Ed Boylehttps://www.blogger.com/profile/01753383765150492163noreply@blogger.comtag:blogger.com,1999:blog-8746692.post-40230316588920315152018-06-29T19:03:49.323-04:002018-06-29T19:03:49.323-04:00Professor
Great stuff.
So many remarks here temp...Professor<br />Great stuff. <br /><br />So many remarks here tempt a comment, one way and or another......<br /><br />I more or less have to hold my tongue, which I too seldom succeed in doing.<br /><br />All the bestBozonhttps://www.blogger.com/profile/18078858723231122013noreply@blogger.com