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July 13, 2016


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Dave Garrow

Ginsburg, like Scalia before her, is an embarrassment to the federal judiciary. Progressives too should call for her to retire before the beginning of OT16. She's become the ultimate poster child for mandatory retirement by age 75.


To say that the Chief Justice's opinion in the first Obamacare case as an example of "putting politics aside" seems to me the exact opposite of what actually happened.



Absolutely right. And all the more disturbing given the "I just call balls and strikes" testimony.


Bush v. Gore was 7-2 on the Equal Protection issue. The Supreme Court nearly unanimously agreed that the method of recounting the ballots in Florida violated the Equal Protection Clause of the Constitution.

Not even close.

The SCOTUS was 5-4 on remanding to the Florida Supreme Court to determine an alternative method of recounting the votes within the time limit set 3 U.S.C. § 5,. The "safe harbor" deadline was December 12, the day of the court's opinion, and the majority of the SCOTUS held that the safe harbor was the deadline. The case was remanded, however, "for further proceedings not inconsistent with this opinion." Al Gore then conceded.

The Party has succeeded in the convincing much of the public that the Supreme Court "selected" Bush. Bush had already been certified the winner of the Florida election before Al Gore's case went to the SCOTUS, and all that happened was that Al Gore lost his effort to challenge that result in the federal system.

Basically, the Party has promulgated as "conventional wisdom" a gross twisting of the truth ever since.

Likewise, Citizens United. The Party waives around that bloody shirt without ever explaining that the law in question would have banned books and stifled the freedom of the press (which is largely, these days, operated by corporations).

Integrity? Principles? Nah. Politics.

And now, the Orwellians come forward to tell us that judicial bias is GOOD and better when announced in advance! How much longer can the thinking people of this country allow themselves to be led around by the nose? That is what Kennedy criticized the Republicans for.

Captain Hruska Carswell, Continuance King

She is morally right to do that. We need to get the Sanders voters in Hillary's corner. She is a credible spokesperson and speaks to the younger voter. She is known as the Notorious RBG. The country needs her. Simply put, we will end up with Dump.


If you don't believe that judges can put politics aside, at least now and then, how do you explain Justice Roberts's vote in the ACA cases? Or, for that matter, Justice Breyer's vote on the full-state recount issue in Bush v. Gore?

Rather than "setting aside politics," these might also simply be examples of following political preferences that don't line with traditional expectations or standard party lines. When Scalia voted in case after case in favor of defendants was he setting aside law-and-order politics or was he pursuing what was to him a more fundamental political agenda of originalism? Were the CJ's "it's not a tax/it's a tax" acrobatics in the ACA case really his setting aside politics or instead him following a more fundamental political agenda of advancing the legitimacy of the Court?

If the point is that justices don't follow main party lines I agree with that. If it's that they even sometimes feel compelled to vote against all of their preferences, I'm sure that occurs (though I expect it's exceptionally rare). My point is that some of the most prominent examples of setting aside politics might really be a justice acting at a higher strategic level or following a non-party agenda that is nonetheless political.

Steve L.

Cynthia: Yes, I think you are right. Thanks for clarifying.

I should have said "partisan affiliation" rather than "politics."

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