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clairemann

Live Stream and Updates: Ruth Bader Ginsburg Honored - The New York Times - 0 views

  • Justice Ruth Bader Ginsburg broke one final barrier on Friday, becoming the first woman and the first Jewish American to lie in state in the United States Capitol.
  • Justice Ruth Bader Ginsburg broke one final barrier on Friday, becoming the first woman and the first Jewish American to lie in state in the United States Capitol.
    • clairemann
       
      The fact that these barriers still exist is mind boggling, but she truly deserves this.
  • Denyce Graves, the mezzo-soprano and a friend of Justice Ginsburg’s, performed “Deep River” and “American Anthem” in tribute to the justice’s love of opera.
    • clairemann
       
      That was beautiful
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  • despite the obstacles she faced in the legal profession as a woman.
    • clairemann
       
      a true trailblazer
  • “Justice did not arrive like a lightening bolt, but rather through dogged persistence, all the days of her life,” said Rabbi Hotlzblatt, whose husband clerked for Justice Ginsburg from 2014 to 2015. “Real change, she said, enduring change, happens one step at a time.”
  • Only about 30 Americans have received the honor of lying in state at the Capitol: presidents, military leaders and members of Congress, all of them men. Rosa Parks, the civil rights icon, is the only other woman granted a similar honor, but as a private citizen, she lay “in honor.”
  • The first viewing slots were reserved for the women serving in Congress; Democratic and Republican women were to gather later on the steps of the Capitol as her coffin is carried out.
  • Senator Mitch McConnell of Kentucky and Representative Kevin McCarthy of California, were notably absent from the proceedings,
    • clairemann
       
      absolutely disgusting. Just shows they have no concept of the barriers RBG broke and her impact on the US.
  • He dropped to the floor before her coffin and did three full push-ups.
  • After Justice Ginsburg saw her first opera — a condensed version of “La Gioconda” in 1944, when she was 11 — she was immediately hooked, becoming the kind of aficionado who went to dress rehearsals, then opening nights and then closing nights, too, for good measure.
  • It was a love she shared with Justice Antonin Scalia, her Supreme Court colleague, friend and ideological antagonist; an opera, “Scalia/Ginsburg,” was written in 2015 about their relationship
  • White House officials and Senate Republicans busied themselves on Friday with preparations of their own to usher in a conservative successor to the Supreme Court with remarkable speed
    • clairemann
       
      The hypocrisy...
  • 6-to-3 conservative majority on the court in reach, Republicans were aiming for a vote before Election Day, just over a month away.
    • clairemann
       
      and to think the prevented a Scalia replacement 200+ days out from the 2016 election!
  • “The chants were appalling, but certainly to be expected when you’re in the heart of the swamp,” she said. “I thought it was an appalling and disrespectful thing to do, as the president honored Justice Ginsburg.”
  • Mr. Trump has angered many supporters of Justice Ginsburg by quickly announcing that he would nominate a new conservative justice to succeed her before the election in November, and by questioning, without evidence, whether her “dying wish” that another president appoint her replacement was real or concocted by top Democrats.
katherineharron

Senate resolution to honor Ruth Bader Ginsburg blocked after partisan fighting over lan... - 0 views

  • The US Senate failed to agree on language for a resolution honoring the late Justice Ruth Bader Ginsburg, a sign of how divided the chamber is over the Supreme Court vacancy.
  • "Republicans came to us with this resolution, but it ignored Justice Ginsburg's dying wish, what she called her most 'fervent wish' that she not be replaced until a new president is installed,"
  • "All the kind words and the lamentations about Justice Ginsburg from the Republican majority will be totally empty if those Republicans ignore her dying wish and instead move to replace her with someone who will tear down everything she built," he added.
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  • "Specifically, the Democratic leader wants to add a statement that Justice Ginsburg's position should not be filled until a new president is installed, purportedly based on a comment Justice Ginsburg made to family members shortly before she passed,"
  • Days before her death, Ginsburg dictated to her granddaughter that her "most fervent wish is that I will not be replaced until a new president is installed," NPR reported.
  • "Under the Constitution, members of the judiciary do not appoint their own successors."
  • Cruz asked that Schumer modify his request, and remove the language, and instead take up Cruz's resolution, which he said was modified to include quotes from Ginsburg saying she opposed increasing the number of justices on the court beyond the current nine.
  • . While the nation mourns Ginsburg's death, the Senate is gearing up for a high stakes political battle over the future of the Supreme Court, as Senate Majority Leader Mitch McConnell has vowed to bring President Donald Trump's nominee to a vote on the Senate floor. Trump said he will announce his nominee on Saturday.
  • "I believe that the President should next week nominee a successor to the court, and I think it is critical that the Senate takes up and confirms that successor before Election Day."
carolinehayter

Here Are The Senators to Watch in Supreme Court Justice Vote - The New York Times - 1 views

  • Republicans hold a narrow majority in the Senate, meaning they can only afford to lose a few votes in their push to confirm a replacement for Justice Ruth Bader Ginsburg.
  • The death of Justice Ruth Bader Ginsburg has touched off a partisan brawl in the Senate to confirm President Trump’s nominee to replace her, a vote that Senator Mitch McConnell of Kentucky, the majority leader, has vowed to hold.
  • With Democrats all but certain to unite in opposition to Mr. Trump’s nominee
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  • Ms. Collins, the lone New England Republican remaining in Congress and one of her party’s most politically endangered members, has been a pivotal swing vote in filling vacancies on the Supreme Court, and all eyes are on her in the battle to come.
  • Republicans hold a 53-to-47 majority in the Senate, meaning they can lose only three votes
  • — or at least the effort to consider one so close to the presidential election —
  • She is one of two Republican senators who support abortion rights, and has said she would not vote to confirm a nominee who would strike down the landmark 1973 Roe v. Wade
  • wait the results of the November presidential election, and the appointmen
  • In a carefully worded statement on Saturday, Ms. Collins, who is trying to defend her reputation as a m
  • the first Republican to explicitly say she would oppose a confirmation vote before the election. Any such vote, she said, should await the results of the November presidential election, and the appointment should ultimately be made by the person who won
  • the decision on a lifetime appointment to the Supreme Court should be made by the president who is elected on Nov. 3,”
  • She said Mr. Trump had the right to choose a nominee and that she had no objection to the Senate beginning to consider the person
  • Opposing a drive by Mr. Trump to swiftly install a successor to Justice Ginsburg could be a powerful way for her to repair her reputation with moderate voters who turned against her after her vote in 2018 to confirm Brett M. Kavanaugh to the Supreme Court.
  • Sara Gideon, her Democratic opponent, has already received millions of dollars raised based on Ms. Collins’s support for Justice Kavanaugh, and after Justice Ginsburg’s death, progressive groups were gearing up to pour more money into targeting voters there.
  • Senator Lisa Murkowski of Alaska was the lone Republican to oppose the confirmation of Justice Kavanaugh in 2018. Like Ms. Collins, she is one of the few remaining Republicans on Capitol Hill who supports abortion rights and has shown a willingness to break with her party in the past.
  • she joined Ms. Collins in saying that she would not support a confirmation vote before the Nov. 3 election.
  • Ms. Murkowski noted that she had also objected to filling the vacancy left by Justice Antonin Scalia’s death early in the final year of President Barack Obama’s second term. Now, less than two months before the November election, she said, “I believe the same standard must apply.”
  • Ms. Murkowski is not up for re-election until 2022
  • Senator Mitt Romney, Republican of Utah, had not yet been elected to Congress when the fight to confirm Justice Kavanaugh became a partisan brawl in the Senate.
  • has shown a willingness to break with the administration and the Republican Party.
  • Most notably, Mr. Romney became the first senator in American history to vote to remove a president of his own party from office during an impeachment trial — and the only Republican to vote to remove Mr. Trump.
  • he made no mention of his position in a statement and instead focused on paying tribute to Justice Ginsburg.
  • Senator Charles E. Grassley of Iowa, who led the Judiciary Committee in 2016, has said that he would not conduct Supreme Court confirmation hearings in a presidential election year, particularly given the Republican blockade of Merrick B. Garland,
  • But Mr. Grassley no longer oversees the committee. He gave no hint of his intentions in a statement after news of Justice Ginsburg’s death, praising her “sharp legal mind, tenacity and resilience.”
jlessner

Ruth Bader Ginsburg Has No Interest in Retiring - NYTimes.com - 0 views

  • RUTH BADER GINSBURG isn’t planning on going anywhere any time soon.
  • The second woman to be appointed to the Supreme Court, she’s part of the generation who came of age after World War II and led a revolution that transformed women’s legal rights, as well as their role in the public world. There’s a famous story about the dean at Harvard Law inviting Ginsburg and her tiny group of fellow female law students to dinner, then asking them how they’d justify having taken a place that could have gone to a man.
  • “The kind of raw excitement that surrounds her is palpable,” Carmon said. “There’s a counterintuitiveness. We have a particular vision of someone who’s a badass — a 350-pound rapper. And she’s this tiny Jewish grandmother. She doesn’t look like our vision of power, but she’s so formidable, so unapologetic, and a survivor in every sense of the word.”
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  • So Ginsburg is planning to be on the bench when the Supreme Court decides mammoth issues like the future of the Affordable Care Act and a national right for gay couples to marry. She says she doesn’t know how the health care case will turn out. But like practically every court observer in the country, she has a strong hunch about which way gay marriage will go: “I would be very surprised if the Supreme Court retreats from what it has said about same-sex unions.”
xaviermcelderry

Why Ruth Bader Ginsburg Refused to Step Down - The New York Times - 0 views

  • Why didn’t Ginsburg resign years earlier, when President Barack Obama could have named a nominee for her seat? Ginsburg’s love for what she called her “good job” — serving as a Supreme Court justice — and her focus on the representation of women help explain her decision to stay. The epic political battle over confirmation could affect the results of the November election and change the trajectory of American law for decades.
  • By then, Ginsburg was in her mid-70s. She had surgery for pancreatic cancer in 2009 (she was also treated for colon cancer a decade earlier). She fended off questions from journalists about when she would retire by noting that she was appointed to the court at the same age — 60 — as Louis Brandeis, nominated by President Woodrow Wilson in 1916.
  • In 2010, Ginsburg’s husband, Martin Ginsburg, died after his own battle with cancer, and her focus on her work at the court became even more consuming. “Her life revolved around love of her work,”
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  • “The impression I got from her was that it was presumptuous for someone else to decide how and when you should end your judicial career,” says Margaret McKeown, a friend and a judge on the U.S. Court of Appeals for the Ninth Circuit. “That is such a personal decision. And when you have a mind as sharp as hers, why wouldn’t you continue?”
lmunch

Barrett's Testimony Is a Deft Mix of Expertise and Evasion - The New York Times - 0 views

  • Justice Elena Kagan, then a young law professor, wrote a law review article calling Supreme Court confirmation hearings “a vapid and hollow charade.”
  • She would not say how she would rule in potential cases on abortion, the election and same-sex marriage — or a pending one on the Affordable Care Act.Judge Barrett’s stance was in line with the approach of nominees since Judge Robert H. Bork’s answers at his 1987 confirmation hearings helped doom his nomination.
  • “The approach was to avoid giving specific responses to any direct questions on legal issues likely to come before the court,” the memo said, “but demonstrating in the response a firm command of the subject area and awareness of the relevant precedents and arguments.”
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  • “I assure you I am not hostile to the A.C.A.,” she said.
  • At her confirmation hearing in 1993, Justice Ginsburg distilled the responsibilities of nominees into a pithy phrase: “no hints, no forecasts, no previews.”
  • As it happened, though, Justice Ginsburg was quite forthcoming during her hearing about her views on abortion. The main exception to the Ginsburg rule, at least where abortion was concerned, was Justice Ginsburg.
  • “I certainly hope that all members of the committee have more confidence in my integrity than to think that I would allow myself to be used as a pawn to decide this election for the American people,” she said.
  • She was adamant that she had made no promises about how she would rule: “I have made no commitment to anyone, not in the Senate, not over at the White House, on how I would decide any case.”
katherineharron

What the loss of RBG means for the economy, Wall Street and Corporate America - CNN - 0 views

  • Just when you thought 2020 couldn't get any more chaotic, the death of Supreme Court Justice Ruth Bader Ginsburg set off a political earthquake that could rattle the fragile economic recovery.
  • At a minimum, the loss of RBG is yet another wild card for investors, CEOs, small business owners and consumers
  • The Supreme Court vacancy is shaking up the previously stable battle for the White House, not to mention control of the US Senate.
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  • We don't see how the parties can reach a stimulus deal in this environment," Jaret Seiberg, policy analyst at the Cowen Washington Research Group, wrote in a note to clients Monday. "Failure to enact the Phase 4 stimulus will damage the recovery."
  • The unexpected death of Supreme Court Justice Ginsburg adds another element of risk to the timing of the [stimulus talks] outcome, and could weigh on the market overall in the near term,"
  • he Dow was down 3%, or around 800 points, during afternoon trading.
  • If -- and this is a big if -- President Donald Trump successfully replaces Ginsburg, it would result in a 6-3 conservative majority in the Supreme Court.
  • "All else equal, it may seem like having a large conservative majority on the court would be positive for business and therefore share prices, because it would reinforce the already antiregulatory and pro-capital tendencies of the Court for the foreseeable future,"
  • Some have argued that the Supreme Court vacancy is a big advantage to Trump because it will fire up his conservative base and, crucially, shift the conservation away from the pandemic.
  • The clearest conclusion we can draw from the Supreme Court vacancy is that it adds yet one more question mark to a year marked by deep uncertainty. And the year isn't over yet.
clairemann

Amy Coney Barrett takes oath as a Supreme Court justice - 0 views

  •  Trump rushed back from the campaign trail in Pennsylvania for aceremony on the South Lawn of the White House in the midst of a global pandemic.
  • a month earlier the federal appeals court judge from Indiana was introduced in a crowded settingthat contributed to the spread of COVID-19, both at the White House and in the Senate.
  • Majority Leader Mitch McConnell, R-Ky., called Barrett "a woman of unparalleled ability and temperament."
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  • Barrett tried to distance herself and the judiciary from the politics swirling around her nomination and the presidential election.“It is the job of a judge to resist her policy preferences. It would be a dereliction of duty for her to give in to them," she said.
    • clairemann
       
      she says all the right things, but as I hung on her every word as I watched the words do not match the actons.
  • Barrett will become the fifth woman ever to serve on the high court, succeeding the late liberal Associate Justice Ruth Bader Ginsburg.
    • clairemann
       
      absolutely devastating
  • "is one of our nation’s most brilliant legal scholars.”
    • clairemann
       
      blatantly incorrect, no origionilist or textualist truly understands the function of the constitution in America.
  • Barrett will become the fifth woman ever to serve on the high court, succeeding the late liberal Associate Justice Ruth Bader Ginsburg.
  • Petitions challenging voting procedures in Pennsylvania and North Carolina are pending before the high court, which ruled 5-3 along ideological lines Monday night against extending Wisconsin's deadline for absentee ballots.
  • It represents the culmination of conservatives' decades-long project to win control of the Supreme Court, perhaps for decades to come.
  • Democrats immediately cited McConnell's 2016 refusal to act on Obama's nominee as reason to delay action until after the election, to no avail.
  • All 12 Republicans voted to send her nomination to the Senate floor; all 10 Democrats boycotted the vote. 
  • “The American people will never forget this blatant act of bad faith," Schumer said. "It will go down as one of the darkest days in the 231-year history of the United States Senate.”
    • clairemann
       
      couldn't be more true.
Javier E

Ruth Bader Ginsburg Has No Interest in Retiring - NYTimes.com - 0 views

  • It’s the combination of Ginsburg’s woman-hear-me-roar history, her frail-little-old-lady appearance and her role as the leader of the Supreme Court’s dissident liberals that have rallied her new fan base, particularly young women.
  • During law school Marty Ginsburg developed testicular cancer. Ruth helped him keep up with his work by bringing him notes from his classes and typing up his papers, while also taking care of their toddler, Jane. Plus, she made the Harvard Law Review.
  • This is the kind of story that defines a certain type of New Woman of Ginsburg’s generation — people whose gift for overachievement and overcoming adversity is so immense, you can see how even a nation of men bent on maintaining the old patriarchal order were simply run over by the force of their determination
anonymous

A Supreme Court case on registering women for the draft evokes Ginsburg's legacy. - The... - 0 views

  • Since 2016, women have been allowed to serve in every role in the military, including ground combat. Unlike men, though, they are not required to register with the Selective Service System, the government agency that maintains a database of Americans who would be eligible for the draft were it reinstated.
  • But the requirement that only men must register for the draft remains. The Supreme Court will soon decide whether to hear a challenge to the requirement
  • “It imposes selective burdens on men, reinforces the notion that women are not full and equal citizens, and perpetuates stereotypes about men’s and women’s capabilities,” lawyers with the A.C.L.U. wrote in a petition on behalf of two men who were required to register and the National Coalition for Men.
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  • Justice Ginsburg, who died in September, argued six cases in the Supreme Court. In the first, Frontiero v. Richardson in 1973, she persuaded the court that the Air Force’s unequal treatment of the husbands of female officers, who were denied housing and medical benefits, violated equal protection principles.
  • In 1981, in Rostker v. Goldberg, the Supreme Court rejected a sex-discrimination challenge to the registration requirement, reasoning that it was justified because women could not at that time serve in combat.
  • In 2019, Judge Gray H. Miller, of the Federal District Court in Houston, ruled that since women can now serve in combat, the men-only registration requirement was no longer justified.
  • The government has not drafted anyone since the Vietnam War, and there is no reason to think that will change.
  • “Should the court declare the men-only registration requirement unconstitutional,” their brief said, “Congress has considerable latitude to decide how to respond. It could require everyone between the ages of 18 and 26, regardless of sex, to register; it could rescind the registration requirement entirely; or it could adopt a new approach altogether, such as replacing” the registration requirement “with a more expansive national service requirement.”
anonymous

Will the Senate Follow Its Own Precedent? - 1 views

  • even as it appeared distinctly possible that Senate Republicans would vote anyway to confirm a new justice before the end of the year, regardless of the result of the presidential election in November.
  • adding that it would be a woman
  • he pressed his fellow Republicans to act “without delay.”
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  • Trump released a list of 20 names
  • A successful vote in the Senate would increase the Supreme Court’s conservative majority to six
  • paying their respects to the second woman appointed to the Supreme Court.
  • I think the fastest justice ever confirmed was 47 days, and the average is closer to 70 days
  • they could afford to lose no more than three votes in order to push through a confirmation
  • several key Republican senators are facing uphill battles for re-election that have now been complicated by the prospect of a confirmation vote
  • he is less than enthusiastic about the political implications for his party of a bruising court battle on the eve of the election.
  • who is trailing her Democratic challenger in polls,
  • the next Supreme Court justice should be chosen by the winner of the November election
  • In those surveys he is running well behind Trump’s comfortable margins in the presidential race
  • a consequential vote to confirm a conservative judge could help Graham burnish his conservative bona fides with a wary base
  • support President @realDonaldTrump in any effort to move forward regarding the recent vacancy created by the passing of Justice Ginsburg
  • Graham will have to face down his own comments from 2016, when he argued that a vacancy in the Supreme Court should never be filled in an election year
  • “use my words against me
  • the same standard should apply” as it did in 2016, when Republicans thwarted the nomination of Merrick Garland
  • In-person voting is officially underway
martinelligi

'You Would Do the Same': Graham Is Defiant on Supreme Court Reversal - The New York Times - 0 views

  • But less than 24 hours after that hypothetical became a reality with the death of Justice Ruth Bader Ginsburg on Friday, Mr. Graham, now the chairman of the Judiciary Committee, made a complete and brazen reversal. He promised that he would push forward immediately to confirm President Trump’s pick — seemingly unbothered by the obvious conflict between his position four years ago and his stance now.“I am certain if the shoe were on the other foot,” Mr. Graham wrote Monday to Democrats on the judiciary panel, “you would do the same.”
  • , as dozens of senators who held together in 2016 to prevent Mr. Obama from filling a Supreme Court seat now rush to deliver the current president his choice to replace Justice Ginsburg.
  • In the letter to Democrats on Monday, Mr. Graham offered another reason for his new stance, describing it as a matter of fairness to voters, because, “unlike in 2016, President Trump is currently standing for re-election: The people will have a say in his choices.”
carolinehayter

Mitt Romney Will Support Taking Up Trump's Supreme Court Nominee : NPR - 0 views

  • "to follow the Constitution and precedent in considering the President's nominee, and if the nominee reaches the Senate floor he intends "to vote based upon their qualifications."
    • carolinehayter
       
      Republicans, Romney's own party, set a precedent. They refused to vote on Garland's nomination because they said March was too close to the 2016 election. And when Trump won, he nominated his pick. Now, with a mere 42 days until the election, the Republicans are attempting to jam though a confirmation vote. If Romney (and others) wanted to follow precedent, they would not vote on a nomination in an election year, let alone with only 42 days until the election.
  • Romney's support for moving ahead means that Senate Majority Leader Mitch McConnell is all but certain to have the 51 votes he needs to take up the nomination. Just two GOP senators, Susan Collins of Maine and Lisa Murkowski of Alaska, have said they oppose taking up the president's nominee to replace Ruth Bader Ginsburg in a presidential election year.
  • "I've indicated that what I intend to do is to proceed with the consideration process and if a nominee actually reaches the floor, then I will vote based upon the qualifications of that nominee," he said.
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  • McConnell has not outlined a timetable for taking up Trump's nominee. Trump says he will announce his choice on Saturday.
  • Sen. Mitt Romney, R-Utah, says he will support moving forward with President Trump's upcoming election year nomination to the Supreme Court.
yehbru

With Nothing Else Working, Trump Races to Make a New Supreme Court Justice the Issue - ... - 0 views

  • the chance to fill a Supreme Court vacancy seemed like a political lifeline, a chance to mobilize supporters and talk about something, anything, other than the coronavirus that has killed 200,000 Americans.
  • he has propelled himself, his Republican allies and the country into a breakneck race to confirm a successor to Justice Ginsburg before the Nov. 3 election, bulldozing past the precedent his own party set four years ago in a gamble that the political payoff will outweigh any political cost.
  • If they act before the election, they may lock in a conservative majority on the court for the years. But if they hold off they may give voters on the right greater incentive to turn out to keep the Senate Republican, ensure Mr. Trump’s re-election and make it more likely that his pick is eventually seated.
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  • While plenty of Supreme Court nominees have been confirmed in presidential elections years, none has ever been approved so close to the election itself.
  • The last time any seriously contested selection for the court was rushed through so quickly at any point in the election cycle, counting from the date of the original nomination, was in 1949
  • Democratic donors chipped in $160 million online through ActBlue, the leading site for processing digital donations, in the first three days after Justice Ginsburg’s death.
  • on the day the nation passed the grim milestone of 200,000 killed by the virus
  • “A couple of days ago, the biggest issue in this election was Donald Trump’s handling of the pandemic. Now it’s a battle over the Supreme Court.”
  • “This is going to be a late deliverable, which combined with a Covid vaccine will be substantive issues for late deciders,” he said
  • In fact, the Constitution permits changing the number of seats on the court just as it permits the president and the Senate to confirm a nominee at any point in the election cycle, but neither has been the norm in modern times.
  • Anti-abortion voters have long been a bedrock of the Republican coalition and often more devoted to casting ballots on that issue than their counterparts. But polls show the broader electorate supports retaining Roe v. Wade, and Democrats hope that if the ruling appears to be threatened it will activate voters who support abortion rights.
  • While the White House would never say so publicly, by pushing to confirm a choice before voters render their judgment on him, Mr. Trump is effectively conceding that he could lose and therefore it would be better to fill the seat immediately.
  • Some Republican strategists said it would make more sense to proceed with hearings while holding back on a final vote until after the election to let conservative voters know what is at stake and give them a reward, in effect, for turning out.
saberal

With Court Prize in Sight, Republicans Unite Behind Trump Once Again - The New York Times - 0 views

  • Senator Mitt Romney of Utah said on Tuesday that he would back President Trump’s push to fill the Supreme Court seat vacated by the death of Justice Ruth Bader Ginsburg, cementing all but monolithic Republican support six weeks before the presidential election for confirming a new justice who would tilt the court decisively to the right.
  • Republican senators have loyally stood behind the president at every turn,
  • “God created Republicans to do three things, and really only three things: cut taxes, kill foreign enemies and confirm right-facing judges,” said Brad Todd, a Republican strategist
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  • Mr. Romney has made no secret of his distaste for Mr. Trump; he was the only Republican to vote to convict and remove the president from office during his impeachment trial in February. But with deeply held religious beliefs and conservative principles, Mr. Romney was not about to pass up an opportunity to cement a court that could limit abortion rights, further empower business interests and potentially strike down far-reaching federal programs that future Democratic administrations may try to enact.
  • “I made it very clear, yes, that I did not think there should be a vote prior to the election,” Ms. Collins told reporters. “And if there is one, I would oppose the nominee.”
  • “If Leader McConnell presses forward, the Republican majority will have stolen two Supreme Court seats four years apart, using completely contradictory rationales,” Mr. Schumer said,
malonema1

How the Supreme Court is Expanding the Immigrant Detention System - The Atlantic - 0 views

  • A quarter-century ago, in 1994, the Immigration and Naturalization Service, on any given day, was holding somewhere around 5,500 immigrants in “immigration detention.”For fiscal year 2017, Immigration and Customs Enforcement budget documents projected an average daily population in detention of roughly 31,000. That increase—nearly six-fold in 25 years—made the Enforcement and Removal Operations division of ICE roughly the 13th largest prison system in the country. On its busiest days in FY 2017, ICE housed a population well above that.  
  • As of 2016, only about 10 percent of detainees were held in federal facilities at all; the remainder were housed in state, county, or city jails (25 percent) or private for-profit prisons (65 percent). Each of the local or private facilities is governed by an agreement with ICE governing inmate conditions, and the agreements aren’t uniform. Some require better conditions than others. Even ICE’s defenders do not seriously contest that ERO detention facilities are rife with poor physical conditions, inadequate medical care, and physical and sexual abuse of the inmates.
  • Justices Samuel Alito, joined by Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas, and Neil Gorsuch, read the statute as forbidding bail hearings for the immigration inmates, and thus authorizing ERO to detain them for weeks, months, or even years. Two of the five, Thomas and Gorsuch, wrote separately to suggest that the inmates should not be allowed to challenge their detention in court until after their cases are complete and they are facing deportation. The five-justice majority opinion, without quite saying so, also suggested that the constitutional issue is really not of much importance at all. Justice Stephen Breyer wrote a dissent, joined by Justices Ruth Bader Ginsburg and Sonia Sotomayor. (Justice Elena Kagan recused herself, because she had authorized a pleading in the case when she was U.S. Solicitor General.)
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  • So the statutory issue in Jennings was whether these statutes, which do not mention bail, should be read as forbidding bail proceedings—or read against the background of the Constitution, which plainly regards bail as a fundamental right? For criminal proceedings, bail hearings are presumed; should immigration detention—which is civil—be an exception? Six of the circuits have said that bail hearings must be held if detention is “prolonged.” The Ninth Circuit, where Jennings originated, ordered that ICE provide bail hearings for its detainees every six months. The detainees would be entitled to release unless ICE could show by “clear and convincing evidence” that they were dangerous to the community or likely to flee.
  • In dissent, Breyer, joined by Ginsburg and Sotomayor, contended that the constitutional issues in this area are weighty. Though popular discourse increasingly denies this obvious fact, the immigrants immured in the ERO archipelago have constitutional rights. The Fifth Amendment says that “[n]o person shall … be deprived of life, liberty, or property, without due process of law”—and from the founding to the present, “person” has included citizen and alien alike. Some of the immigrants in the class, having been halted at the border, are not, as a matter of immigration law, “in” the United States. But that’s a legal fiction for immigration purposes, Breyer noted:
clairemann

The Other Supreme Court Fight - The New York Times - 0 views

  • The idea of an all-powerful Supreme Court — a court where justices with lifetime tenure have ultimate authority to resolve society’s toughest questions — has come to seem normal in today’s United States.
    • clairemann
       
      An odd concept, but one we have grown accustom too? Why, in a system of "checks and balances" is there a mechanism that can be labeled as "all-powerful"?
  • highest courts are less aggressive about striking down entire laws
  • “judicial supremacy.”
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  • the Constitution does not establish it.
    • clairemann
       
      Does this make it okay?
  • “the people will have ceased to be their own rulers.”
    • clairemann
       
      a powerful claim, seems like a forewarning from Lincoln...
  • It also depends on whether future presidents and Congresses choose to accept judicial supremacy.
    • clairemann
       
      a new perspective I haven't really thought about
  • The Republican Party, despite having lost the popular vote in six of the last seven presidential elections, may use the judiciary to dictate policy on climate change, voting rights, economic inequality and more, for decades to come.
    • clairemann
       
      The SCOTUS is only praised when it benefits the Majority, but with a potential Republican leaning court, an all powerful judiciary could wreak havoc on civil rights.
  • Democrats could also pass a law restricting the court from reviewing some areas of the law — a power that the Constitution explicitly gives Congress.
    • clairemann
       
      What are the repercussions of this?
  • On the other hand, the acceptance of judicial supremacy brings big downsides, as well. It may be tantamount to forfeiting political power for the majority of Americans.
  • “If protecting the right of the people to govern for themselves means curbing judicial power and the Supreme Court’s claim to judicial supremacy, then Democrats should act without hesitation,”
    • clairemann
       
      We seem to turn a blind eye to the power of the SCOTUS because it has been in dem favor for a long time...
anonymous

Supreme Court Justice Ruth Bader Ginsburg dies at 87 - 0 views

  • Her death just over six weeks before Election Day is likely to set off a heated battle over whether President Donald Trump should nominate, and the Republican-led Senate should confirm, her replacement, or if the seat should remain vacant until the outcome of his race against Democrat Joe Biden is known.
  • the Senate will vote on Trump’s pick to replace Ginsburg, even though it’s an election year.
  • second female justice
  • ...5 more annotations...
  • unquestioned leader of the court’s liberal wing
  • move the conservative court even more to the right.
  • she was often at odds with the court’s more conservative members
  • She was perhaps personally closest on the court to Scalia, her ideological opposite
  • “I thought I could do a lawyer’s job better than any other,” she wrote. “I have no talent in the arts, but I do write fairly well and analyze problems clearly.”
Javier E

Opinion | How the G.O.P. Might Get to Yes on Replacing Ruth Bader Ginsburg - The New Yo... - 0 views

  • if it seems unfair and delegitimizing to liberals today that a president without a popular-vote mandate should be able to appoint the successor to Ruth Bader Ginsburg, conservatives might respond by asking what democratic “fairness” delivered David Souter and John Paul Stevens to a combined 54 years on the court as Republican appointees? Or what “fairness” made Anthony Kennedy rather than Antonin Scalia the dominant judicial figure for the decades that followed Ronald Reagan’s presidential landslides?
cartergramiak

Opinion | Don't Fill Ginsburg's Seat. Signed, the Republican Senators of 2016. - The Ne... - 0 views

  • This opinion piece was assembled using statements from Republican senators in 2016 as they were trying to prevent President Barack Obama’s Supreme Court nominee from being confirmed. Senators argued the election was happening too soon (though it was almost eight months away) and that appointing a new justice would prevent Americans from having their say
  • Rarely does a Supreme Court vacancy occur in the final year of a presidential term.1 It makes the current presidential election all that more important, as not only are the next four years in play, but an entire generation of Americans will be impacted by the balance of the court and its rulings.2
  • The American people are presented with an exceedingly rare opportunity to decide, in a very real and concrete way, the direction the court will take.3
  • ...5 more annotations...
  • For 80 years it has been the practice that the Senate has not confirmed any nomination made during an election year, and we shouldn’t make an exception now.8
  • Biden — and this is not something we’ve said very often — was absolutely correct.10 It’s a political cauldron to avoid.11 There should be no hearings. There should be no confirmation.12 Not during a presidential election year, with millions of votes having been cast in highly charged contests.13
  • This year is a tremendous opportunity for our country to have a sincere and honest debate about the role of the Supreme Court in our constitutional system of government.19
  • The Supreme Court seat doesn’t belong to any president or any political party.24
  • Our view is this: Give the people a voice.30
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