O'Connor steps down (merged threads)

[Prudence]

Originally Posted by scaeagles

Prudence and Sac - do you not think that it is also going to be an opportunity for the left to use scare tactics about how any conservative justice will erode their rights? I find that to be particularly humorous being that the recent decisions have been voted for and ruled in the affirmatived by primarily those justices seen as left leaning, like Souter, Ginsberg, and Breyer. You didn't see those categorized as right leaning - specifically Scalia and Thomas - voting to drastically change the law on private property rights.

Speaking for myself only:

I personally think those involved in recent majority decisions have lost their ever-lovin' minds.

(I probably score more libertarian than liberal on many issues. I was a conservative/Republican at one point in my life, then got tired of the enormous influence of the Moral Majority butting its nose into my personal business.)

But I don't think any of those issues will be relevant. I think the debate will focus almost exclusively on abortion. And regardless of my position on that issue, it's a sad day for American Jurisprudence when one's stance on abortion is the critical and deciding factor on one's worthiness to sit on the nation's highest court.

[BarTopDancer]

Originally Posted by scaeagles

The personal views of the judge should be completely out of the picture.

And if that were going to be the real life case we wouldn't be having this discussion. (and by we I mean you and I).

[scaeagles]

Originally Posted by Ghoulish Delight

This will be interesting. O'Connor was, especially recently, a swing vote on the court. If Bush has any sense of the concept of balance, he will try to find someone similarly moderate and balanced rather than someone who will push Bush's social agendas through. I may not have agreed with many of O'Connor's decissions, but at least she generally proved that she was thinking for herself.

Were there calls for Clinton to appoint a conservative judge when he picked Ginsberg to replace the conservative leaning Byron White? I don't think so. Should he have to maintain the integrity and balance of the court as it existed? Ginsberg and Byron White have very little in common with the exception of pro-civil rights positions.

I would also argue that Breyer, the other Clinton appointee, who replaced a very libertarian Harry Blackmun, did not necessarily maintain the status quo that was there when he replaced him. I can almost promise that Blackmun would not have ruled in the same way as Breyer on the private property issue.

Presidents are elected. One thing Presidents do is to appoint judges. There is no requirement nor a moral obligation nor precedent that says he should appoint someone with a similar political leaning. Clinton did not, nor should he have been expected to.

[€uroMeinke]

In the ideal world, all our justices would be objective - but everything is driven by politics and competing ideology who use the Constitution only in as much as it advances their casue. I see this the same for democrate, conservatives, and any other party you name.

[sleepyjeff]

Originally Posted by scaeagles

There will be huge amounts of politicing on both sides. Kennedy, Shumer, and all the usual dem suspects will be shouting from the rooftops how extreme the nominee is.

Bush could nominate Ted Kennedy himself, and Ted Kennedy, Shumer, and all the dems would respond automatically and without pause.............."Right wing nut, extreme and dangerous to our Constitution"

[wendybeth]

Originally Posted by sleepyjeff

Bush could nominate Ted Kennedy himself, and Ted Kennedy, Shumer, and all the dems would respond automatically and without pause.............."Right wing nut, extreme and dangerous to our Constitution"

Only after we offered them therapy and understanding.

[sleepyjeff]

Well now I know we are in good hands..........Roseannes Boss will be picking the nominee

[wendybeth]

Lovely. Another actor.

[scaeagles]

In fairness, he is also a lawyer and served on the Watergate Commission, as a special counsel to governors, and on other judicial selection committees.

[Prudence]

Oh the angst. Republican....L&O actor....Republican.....L&O actor. Do I cheer or boo hiss?