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  • #16
    Originally posted by Mountain Man View Post

    I'm sure Turley is correct. Nobody on the Supreme Court wants to make themselves a political target or give the Democrats cause to make good on their threat to pack the court. Honestly, something needs to be done about the latter, because just the threat itself seems to have crippled the court to some extent. It needs to be established as a matter of law that the Supreme Court is to have no more than nine justices. I suppose that can only be done with a Constitutional amendment, but is that even possible in today's political climate?
    I liked the proposal that legislative changes to the court makeup have an automatic delay of 10 years. This prevents what the democrats want to do now, which would prevent the tactic that democrats want to do now.

    The democrats are right, there's nothing special about 9. I think being able to raise the court for reasons is not a bad idea. It just needs a sanity check to keep it from being abused.
    Last edited by CivilDiscourse; 12-01-2021, 01:12 PM.

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    • #17
      Originally posted by rogue06 View Post
      FWIU, that's pretty much what the result would be if it were struck down. It would go back to the states to make up their own minds.
      Yeah, but "not striking it down" and "not sustaining it" doesn't have the same effect as simply turning it back to the State, and making clear that such future State challenges would be rejected.
      SCOTUS would be saying "this isn't up to us".

      Who knows?
      The first to state his case seems right until another comes and cross-examines him.

      Comment


      • #18
        Originally posted by CivilDiscourse View Post

        I liked the proposal that legislative changes to the court makeup have an automatic delay of 10 years. This prevents what the democrats want to do now, which would prevent the tactic that democrats want to do now. It also guarantees that the current administration will be out of power before the change goes into place.

        The democrats are right, there's nothing special about 9. I think being able to raise the court for reasons is not a bad idea. It just needs a sanity check to keep it from being abused.
        Pls Delete

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        • #19
          Originally posted by rogue06 View Post
          I think if Roe gets overturned that the left will become exceptionally energized and all bets are off.
          Rephrasing my previous response. The left will probably become energized (but not at the anti-Trump level) but it won't move enough Independents to change the red wave to a blue status quo. It probably will make the wave slightly smaller as a couple seats swing Democratic.
          "For I desire mercy, not sacrifice, and acknowledgment of God rather than burnt offerings." Hosea 6:6

          "Theology can be an intellectual entertainment." Metropolitan Anthony Bloom

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          • #20
            Originally posted by rogue06 View Post
            Maybe if the Republicans do gain control of Congress they could send that up to old Joe as a bill.

            He's said that he opposes packing but he may have forgot and will just repeat what "they" tell him his view is.
            First the Republicans would need to figure out which one of them actually has a spine.
            Some may call me foolish, and some may call me odd
            But I'd rather be a fool in the eyes of man
            Than a fool in the eyes of God


            From "Fools Gold" by Petra

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            • #21
              Clarence Thomas: "If we were talking about the 2nd Amendment, I know exactly what we’re talking about. If we're talking about the 4th Amendment, I know what we're talking about, because it’s written. It’s there. What specifically is the right here that we’re talking about?"

              https://townhall.com/tipsheet/katiep...ution-n2599917
              Some may call me foolish, and some may call me odd
              But I'd rather be a fool in the eyes of man
              Than a fool in the eyes of God


              From "Fools Gold" by Petra

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              • #22
                Originally posted by rogue06 View Post
                It appears that SCOTUS will be taking another look at Roe v. Wade.

                I figure that if it is largely overturned (which probably won't have much practical affect) that the Red Wave coming during the midterms will effectively vanish.

                Thoughts?
                Yeah, I'm leaning more toward that - I can't see the left not being outraged beyond belief and pounding the war drums come midterms, if Roe is overturned (even in part), whatever red wave might come, could very well be washed over by Blue outrage and canceled out.
                "So when you actually get the virus, you're going to start producing antibodies against multiple pieces of the virus. So, your antibodies are probably better at that point than the vaccination."
                - Pfizer Scientist Chris Croce

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                • #23
                  Originally posted by Cow Poke View Post
                  Turley suggests the possibility that they'll not strike down the State's restrictions on abortion, but allow the States to decide themselves.
                  There was a lot of focus on the "viability" aspect, which has substantially changed over the 50 years.
                  Especially as "viability" can vary simply due to geographic location
                  "So when you actually get the virus, you're going to start producing antibodies against multiple pieces of the virus. So, your antibodies are probably better at that point than the vaccination."
                  - Pfizer Scientist Chris Croce

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                  • #24
                    Originally posted by Gondwanaland View Post

                    Especially as "viability" can vary simply due to geographic location
                    And who you declare as your "expert witness" or "source".
                    The first to state his case seems right until another comes and cross-examines him.

                    Comment


                    • #25
                      Originally posted by rogue06 View Post
                      Maybe if the Republicans do gain control of Congress they could send that up to old Joe as a bill.

                      He's said that he opposes packing but he may have forgot and will just repeat what "they" tell him his view is.
                      Per Wikipedia, the current size of the Court was established by law, the Circuit Judges Act of 1869.

                      The size can be changed any time to any number via a new law. (Of course, if it were reduced to, e.g., seven, that number would only take effect upon the retirement of two Justices.) The only way to set the number more permanently would be via Amendment. A "no Court-packing" law would be no more binding than the current law that set the number at nine.
                      Geislerminian Antinomian Kenotic Charispneumaticostal Gender Mutualist-Egalitarian.

                      Beige Federalist.

                      "Everybody is somebody's heretic."

                      Social Justice is usually the opposite of actual justice.

                      Let's go, Brandon

                      Comment


                      • #26
                        Who defines "viability"? A three-year-old child left unattended in the wilderness with all the needed supplies but no human assistance would not be "viable."
                        Geislerminian Antinomian Kenotic Charispneumaticostal Gender Mutualist-Egalitarian.

                        Beige Federalist.

                        "Everybody is somebody's heretic."

                        Social Justice is usually the opposite of actual justice.

                        Let's go, Brandon

                        Comment


                        • #27
                          I can only make observations and partial predictions:

                          -- Thomas and almost certainly Alito will seek to overturn Roe and Casey.

                          -- Sotomayor, Kagen, Breyer will seek to protect Roe and Casey.

                          -- Roberts will try to work a deal to uphold the MS law *and* Roe and Casey.

                          -- The rest are wildcards, except that Kavanaugh made an important point.

                          Kavanaugh: The mother and the unborn child both have interests that must be considered. Ultimately, they are competing interests that cannot be balanced. One or the other has to prevail.

                          That puts it in properly stark terms.

                          -------------------------

                          If Roe gets overturned, the Leftards will go ape-crap-oplectic, not realizing (because of intentionally sloppy rhetoric by those on their side who know better) that abortion will NOT thereby be illegal. It will revert to the States, and each will have its own restrictions and liberties.

                          If Roe is not overturned, conservatives will be outraged. Our SCOTUS strategy of the past 30 years or so will have been fully revealed as feckless. The Federalist Society will be razed and looted and its SCOTUS-recommending team tarred and feathered, hopefully literally.
                          Last edited by NorrinRadd; 12-02-2021, 04:21 AM.
                          Geislerminian Antinomian Kenotic Charispneumaticostal Gender Mutualist-Egalitarian.

                          Beige Federalist.

                          "Everybody is somebody's heretic."

                          Social Justice is usually the opposite of actual justice.

                          Let's go, Brandon

                          Comment


                          • #28
                            Originally posted by NorrinRadd View Post

                            -------------------------

                            If Roe gets overturned, the Leftards will go ape-crap-oplectic, not realizing (because of intentionally sloppy rhetoric by those on their side who know better) that abortion will NOT thereby be illegal. It will revert to the States, and each will have its own restrictions and liberties.

                            If Roe is not overturned, conservatives will be outraged. Our SCOTUS strategy of the past 30 years or so will have been fully revealed as feckless. The Federalist Society will be razed and looted and its SCOTUS-recommending team tarred and feathered, hopefully literally.
                            The MSM can be expected to fuel that fire with misinformation just like they did with Rittenhouse. I figure there will be another Woman's March but instead of vagina hats they'll dress like the characters from a Handmaids Tale.

                            And as you said, even if Roe is overturned very little will change. The states in which abortion is promoted will still have abortion centers -- probably much better funded as contributions from the left skyrocket.

                            I'm predicting that most of the court ends up going with Roberts and we end up with a confusing, patchwork compromise that nobody likes and will need several future decisions to hammer out.

                            I'm always still in trouble again

                            "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
                            "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
                            "Of course, human life begins at fertilization that’s not the argument." --Tassman

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                            • #29

                              I'm always still in trouble again

                              "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
                              "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
                              "Of course, human life begins at fertilization that’s not the argument." --Tassman

                              Comment


                              • #30
                                Originally posted by NorrinRadd View Post
                                Who defines "viability"? A three-year-old child left unattended in the wilderness with all the needed supplies but no human assistance would not be "viable."
                                Davey Crockett killed him a Barr when he was only 3!


                                The first to state his case seems right until another comes and cross-examines him.

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