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wildcat09

Certifiably Surly
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Posts posted by wildcat09

  1. 14 minutes ago, FondrenRoad said:

    You have no idea how common law works. Where do you think "case law" comes from?  What do you think the court should do when there is no clear statute or prior case law? Throw up their hands and tell the parties to pound sand?  If there is no binding precedent, they can look to other courts (and countries )for persuasive precedent.  They can also look to dicta.  And the SCOTUS gets a lot of gray area cases because that is actually what the SCOTUS is there for. If its cut and dried, its decided well before SCOTUS.

     Relying solely on the plain language of the constitution or statutes is what civil law countries do. In fact, the flexibility of the court system is largely why English common law countries do better economically. 

    In addition to this, the idea that it's the liberal bloc of the Supreme Court rather than the conservative bloc that has shown a tendency to ignore the Constitution and clearly valid existing law (both statutory and case law) and legislate from the bench is absurd.

    • Like 1
  2. 2 minutes ago, Iconoclast Texan said:

    Ok, I think that’s pretty much the opposite big guy. Read some of what she has written or said and then come back to the grownup table 

    It's not bragging because you can't throw a stone in here without hitting a lawyer, but I happen to be one of them. I'm pretty confident that I've got a better grasp of these issues than you do.

    • Like 2
  3. Just now, Iconoclast Texan said:

    I’m pretty busy this morning I will give you a few bullet points of why I think they suck:

    1. Both have an expansive view of the powers of the judiciary beyond the role carved out on the Constitution. They have no problem being legislators from the bench.

     2. They will cite international law or smushy undefined norms that adhere to their worldview rather than the Constitution, case law or plain language of a statute.

    those are my 2 biggest gripes about them

    It's pretty clear you have no idea what you're talking about.

  4. 38 minutes ago, Iconoclast Texan said:

    McConnell gambled that Trump was going to win when the consensus opinion was that he’d lose. If Hillary was elected,  she would have had her nominee confirmed with lots of bitching from the right. Turn around is fair play if the Dems are in the position like that in the future. I have no problem going scorched earth, no mercy when it comes to Supreme Court justices. It’s that important. The prospect of someone of Scalia’s stature being replaced by a hack like Darth Bader or Sotamayor was scary as fuck. I have no problem saying that Garland got fucked but that’s the stakes when it comes to something this important 

    I would love to hear your explanation for why Ruth Bader Ginsburg and Sonia Sotomayor are hacks.

  5. 42 minutes ago, Johnny Sack said:

    Good luck.  Let’s also get guys like Robert O’Rourke and the red state senators up for election to go on record about this pick.  

    For Texans, a vote for Robert O’Rourke means you’re giving a senate vote to Schumer.  

    Huh. I could’ve sworn Senator Chuck Schumer has had a senate vote since he was first elected to that seat.

  6. 9 minutes ago, Iconoclast Texan said:

    I’m glad Hugo and others are giving Trump props for selecting Kavanaugh. As divisive as some of his actions have been, Trump’s picks for Supreme Court have to reassure anyone that is intellectually honest. He has picked a qualified candidate who has a chance to heal some of the divisions in this country if the intolerant, militant left would give him a chance.

  7. 2 hours ago, longhornmatt said:

    Even putting aside identity politics, Barrett is a total unknown other than being openly Catholic and pro life.  If anything, there’s more Souter potential with her than with Kavanaugh and Kethledge since she has no track record and everyone is just assuming she is Scalia-lite because abortion.  

    Oh well.  I suppose to most of the base abortion is all they really care about from SCOTUS, anyway.

    She actually has a history of acknowledging that originalism is essentially nonsense, so she's actually quite a bit different from most of the other candidates.

  8. 14 hours ago, Clintonaldo said:

    This is literally how cornball child abusers on reddit talk. Might as well throw the happy merchant in there , comrade. 

    Trumpfans don't get to call anyone else child abusers. In addition to supporting kidnapping immigrant children and holding them hostage for ransom, the GOP is the party that supported Roy Moore and supports Jim Jordan. It's probably more likely that the majority of elected GOP representatives at this point are child abusers than not.

    • Like 3
    • Fuck You 1
  9. 42 minutes ago, GRHorn said:

    Ultimately there’s way more imports from China for us to tax than vice versa.  So, how far do the Chinese wanna go?

    Hence why China is already taking efforts to team up with everyone else in the world that we’re also pissing off to isolate us.

    • Like 1
  10. 1 hour ago, GRHorn said:

    So why have they fallen hard only on the Asian side?

    Hundreds of billions of dollars worth of stock buybacks from the tax cuts have kept the stock market afloat for now.

  11. 17 minutes ago, realgreggym said:

    no, been voting republican since Nixon. But if someone on my side of the aisle does something illegal, there should be consequences.

    That's one hell of a time to jump on that train.

  12. Just now, realgreggym said:

    Evidently it was back then. But even if it wasn't illegal, he suffered no consequences.

    He should have.

    See how easy that was for me to say? You try it re: your boy now.

  13. 32 minutes ago, David Dennison said:

    One of these days middle class Republicans are going to realize that helping the rich get richer does nothing for the economy.

     

    They're well aware of that. Helping the rich get richer (and making the poor poorer) is the goal for them, not the means to some other end.

  14. 5 minutes ago, retread said:

    They're spoiling for a fight that they may not want in the end.

    Just like the confederacy. Of course, those assholes killed hundreds of thousands before their temper tantrum was put down.

  15. 48 minutes ago, RandomIdoit said:

    That's why I suggested that there should be more support and it should be made easier and less embarrassing for them to seek help to explain their options. 

    You make it sound so easy! I can't believe we hadn't figured this out before now!

  16. 4 hours ago, DixonHur said:

    That would be true if we lived in a real democracy, but between gerrymandering and the electoral college, we have a rigged system.

    Dems have won the popular vote in 4 of the last 5 presidential elections, yet still lost 2 of them.

    Republicans only ever need around 45% of House votes to win a majority in the House. Their advantage in certain states is even greater. That's no basis for legitimate representative government.

  17. 18 minutes ago, jimmyjazz said:

    There is zero doubt that Hillary and the DNC fucked up the election in an unimaginable way, and that it would have taken almost no effort to reverse fortunes to the point that the electoral college would have swung.  That said, I still cannot abide pissy 3rd party voters going against their best interests and tanking an election.  Yes, to head off the obvious retort -- I am saying I know what their best interests were.  I think we all do, except Trumpkins, and they're stupid, and fuck them.

    The problem isn't even the pissy third party voters going against their own best interests. The problem is the pissy third party voters bitching about how awful both choices were for other people (poor people, mostly minorities) whom they think should be better served by the system (which they were right about), and allowing an explicit fascist to win. It was pure heighten-the-contradictions thinking which is almost always (1) stupid because it rarely actually works (see W), and (2) selfish, because it's poor brown people and not the white college liberals that have to bear the brunt of the cost.

    • Like 3
  18. 24 minutes ago, Biff Tannen said:

    So that's it right? This was all the right needed to pull back to their side the people who were going against Trump in the midterms. I'm with Brisket 100% now .

    Yup. Hell, just look at Johnny, he’s had this boner for so long he should see a doctor. He’s never been as excited in his miserable life as he is right now about the power his guy’s got to trigger some libs.

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