Justice Kennedy retires

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Re: Justice Kennedy retires

Postby Learned Nand » Thu Jun 28, 2018 7:34 am

Hardiman was supposedly in the running for Scalia's seat, and Trump told him that he might consider him for a future seat. So I'd be surprised if this ends up going to Hardiman.

Rick Hasen's predicted that it'll go to Kavanaugh, whom Trump more recently added to his list of potentially appointees. That wouldn't surprise me at all.

Diane Skyes joined an opinion holding that Mike Pence couldn't stop Syrian refugees from coming to Indiana, so I expect that might disqualify her. Exodus Refugee Immigration v. Pence, 838 F.3d 902 (2016). William Pryor supposedly also fell out of favor with Trump when he was being considered for Scalia's seat.
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Re: Justice Kennedy retires

Postby Krashlia » Thu Jun 28, 2018 8:23 pm

Windy wrote:I also look forward to seeing how we find our silver lining after Ginsberg kicks the bucket and Trump appoints a resurrected Adolf Hitler and his evil clone to the Supreme Court.


realism looks a bit grim at the moment. what do you propose?
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Re: Justice Kennedy retires

Postby blehblah » Thu Jun 28, 2018 9:43 pm

https://en.wikipedia.org/wiki/Maryanne_ ... peculation

During the 2016 presidential campaign, media reports speculated about Barry's potential appointment as a Supreme Court justice.[10][11] Donald Trump responded that Barry was not interested in the role,[2] and that in any case, nominating his sister would be a conflict of interest.[12][13] Later in 2016, Trump published a list of potential Supreme Court nominees from which he committed to make his picks. Barry refrained from public comments during her brother's presidential run, as was her long habit.


I'm not saying that is, in any way, going to happen, but we all know it's highly likely the thought bubbled-up in Trump's head.

And Giuliani.

And Chris Christie.

And is anyone on Fox news a judge?

http://thehill.com/homenews/394460-trum ... ty-awesome

The president's eldest son, Donald Trump Jr. said on Wednesday that the idea of Fox News host Judge Jeanine Pirro succeeding Supreme Court Justice Anthony Kennedy would be "pretty awesome."


HA, how crazy is that?

Earlier this month, Politico reported that she told Trump administration staffers she was interested in taking over Jeff Sessions's role as Attorney General. Pirro also was reportedly considered a possible nominee for the U.S. attorney for the Eastern District of New York during Trump's transition.


If Trump has taught us anything, it's 'never say never'.
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Re: Justice Kennedy retires

Postby iMURDAu » Thu Jun 28, 2018 10:31 pm

Do these potential nominees realize that if they really want the job they need to publicly campaign for it by kissing Trump's ass? You know this hit him out of left field. He's given this thought in passing but doesn't have a number one draft pick in mind.
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Re: Justice Kennedy retires

Postby cmsellers » Thu Jun 28, 2018 11:20 pm

Based on that very helpful article Jamish found, Hardiman and Kethledge are judges that I would probably confirm if I were in the Senate and not trying to do a tit-for-tat against Yertle, which I admittedly probably would be. The other three I find kind of frightening, with Kavanaugh being the worst, but Hardiman and Kethledge seem like judges I could respect even when I disagree with them, and I'll be much happier with either of them than I was with Gorsuch.

Back under W. I supported Roberts but detested Alito. I believed that Roberts would try to respect precedent and not let his personal beliefs cloud his judgment, while Alito seemed like he'd just be a hack, and I believe both those impressions have been confirmed. Kennedy is also someone who seems to issue rulings based on what he believes, and while his beliefs aren't as offensive to me as Alito's or Gorsuch's, I've still long disliked him.

If it's one of those two who replaces Kennedy, I'll call it a wash. The court will issue rulings I object to more often, but I'll probably be less horrified by their reasoning then I was when Kennedy issued a ruling I didn't like (or often even when he issued one I liked).

Even with Thapar or Barrett I'd be moderately relieved that they're not Kavanaugh. I'm not persuaded that they're actually textualists just because they say they are—they seem to quite often find that the plain meaning of the text says what they want it to say where I get different readings—however the possibility that they might emulate Scalia means that they might occasionally respect the parts of the Constitution which aren't the First and Second Amendments. And because it's Trump picking the nominees, I'm now certain that the nominee will be Kavanaugh.
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Re: Justice Kennedy retires

Postby cmsellers » Tue Jul 10, 2018 2:22 am

So I was right, and I don't think I've ever hated being right this much.

Does this mean that I'm also going to be right that we'll get eight more years of Trump. Yes it does, and in that time he'll also replace RBG, Breyer, and Kagan after she dies in a freak surfing accident.
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Re: Justice Kennedy retires

Postby Crimson847 » Tue Jul 10, 2018 3:01 am

cmsellers wrote:So I was right, and I don't think I've ever hated being right this much.

Does this mean that I'm also going to be right that we'll get eight more years of Trump. Yes it does, and in that time he'll also replace RBG, Breyer, and Kagan after she dies in a freak surfing accident.


He's gonna stay in office until 2026, eh? That's oddly specific.
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"If it were all so simple! If only there were evil people somewhere insidiously committing evil deeds, and it were necessary only to separate them from the rest of us and destroy them; but the line dividing good and evil cuts through the heart of every human being. And who is willing to destroy a piece of his own heart?"
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Re: Justice Kennedy retires

Postby Learned Nand » Tue Jul 10, 2018 3:08 am

Specific nitpick here:

A lot of descriptions of Kavanaugh's views say he has a broad interpretation of Presidential power, and also wants to limit the power of the administrative state. This seems like a description of the views of most conservatives on the Court, but it seems weirdly inconsistent to me. How is it that they want to prevent the executive branch from exercising broad power, but also ensure that the executive branch can exercise broad power?
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Terry Pratchett wrote:The trouble with having an open mind, of course, is that people will insist on coming along and trying to put things in it.

Click for a Limerick
OrangeEyebrows wrote:There once was a guy, Aviel,
whose arguments no one could quell.
He tested with Turing,
his circuits fried during,
and now we'll have peace for a spell.
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Re: Justice Kennedy retires

Postby Crimson847 » Tue Jul 10, 2018 10:02 am

aviel wrote:Specific nitpick here:

A lot of descriptions of Kavanaugh's views say he has a broad interpretation of Presidential power, and also wants to limit the power of the administrative state. This seems like a description of the views of most conservatives on the Court, but it seems weirdly inconsistent to me. How is it that they want to prevent the executive branch from exercising broad power, but also ensure that the executive branch can exercise broad power?


In what realms does Kavanaugh have a broad interpretation of Presidential power, and in what realms does he believe the administrative state has overreached and is in need of correcting? For instance, it's not necessarily inconsistent to believe that the president shouldn't be troubled by investigations while in office because it could interfere with their duties, and simultaneously believe that Chevron deference needs to be curtailed to limit the power of unelected bureaucrats (including but not limited to those in the executive branch) to make major policy changes. The two have little to do with each other.
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"If it were all so simple! If only there were evil people somewhere insidiously committing evil deeds, and it were necessary only to separate them from the rest of us and destroy them; but the line dividing good and evil cuts through the heart of every human being. And who is willing to destroy a piece of his own heart?"
- Aleksandr Solzhenitsyn
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Re: Justice Kennedy retires

Postby Learned Nand » Tue Jul 10, 2018 2:37 pm

The usual argument I hear against Chevron (and maybe this isn't Kavanaugh's view) is that it allows the law to be interpreted by the executive branch rather than the judicial branch, whose job it is to interpret the law. See, for example, Pereira v. Sessions, No. 17-459 (Kennedy, J., concurring) (2018); Scenic America, Inc. v. Department of Transportation, No.16-739 (Gorsuch, J., Respecting denial of certiorari) (2018). That argument doesn't depend on whether it's an administrative agency interpreting the law directly, or the President ordering a certain interpretation.
  • 1

Terry Pratchett wrote:The trouble with having an open mind, of course, is that people will insist on coming along and trying to put things in it.

Click for a Limerick
OrangeEyebrows wrote:There once was a guy, Aviel,
whose arguments no one could quell.
He tested with Turing,
his circuits fried during,
and now we'll have peace for a spell.
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