Breaking: Justice Scalia has died

[rightwinger]

Good! You can count to two. Maybe next week we will try for three!

And 4-4 ties can still benefit Obama.

Congress won't do anything
Repblicans need SCOTUS to invalidate Obama executive orders
4-4 ties won't do it

The first court to hear the case is NOT the Supreme Court. Their decision will hold.

That's assuming lower courts rule against Obama's executive orders.

Anyone with a room temp IQ can see that Obama is an ignoramus when it comes to the Constitution.

Evidently not

He is able to get his agenda passed. It is Republicans who can't prove anything is unconstitutional

How is Obamacare doing? How about same sex marriage?

 

[Faun]

Good! You can count to two. Maybe next week we will try for three!

And 4-4 ties can still benefit Obama.

Congress won't do anything
Repblicans need SCOTUS to invalidate Obama executive orders
4-4 ties won't do it

The first court to hear the case is NOT the Supreme Court. Their decision will hold.

That's assuming lower courts rule against Obama's executive orders.

Anyone with a room temp IQ can see that Obama is an ignoramus when it comes to the Constitution.

Sure. Uh-huh.

 

[eddiew]

Ignore is a proper term for the nominations from Obama.............

Karma

go for it eagle ,,guarantee hills presidency

Take that bet to Vegas then.

don't like flying just keep fn'ing over the people and see how far you republicans will go

Your side has it down to an art form............we are just learning from your own tactics..............Please give us the Dem playbook so we can study more.

you graduated summa cum laude when you stole the 2000 election ,,,,just think of how things probably would have turned out if you failed

 

[jon_berzerk]

kind of a good run down on how cases play out as of now

The 5th U.S. Circuit Court of Appeals voted to temporarily block President Barack Obama's executive action of deferring the deportation of some undocumented immigrants. The Supreme Court was expected to hear arguments in April. The plan could shield more than 4 million people from deportation.
What Happens When the Supreme Court's Vote is a Tie? 2:51
Even before the sudden death of Justice Antonin Scalia, this was going to be an enormously consequential Supreme Court term.
The court has heard or has agreed to hear cases involving the constitutionality of considering race in college admissions; how far states can go in restricting abortion; the viability of public sector unions; whether President Obama could defer deportations of unauthorized immigrants; and the tension between claims of religious freedom and women's access to contraception.
The high court recently stepped in to halt implementation of President Obama's climate plan.
Now, all of the cases on the court's docket are thrown into question, particularly as top Republicans like Senate Majority leader Mitch McConnell have declared that the Senate should wait to confirm a replacement until a new president is in office.
If the court of eight justices splits 4-4, the opinion of the federal appeals court stands without making law for the rest of the country, according to Samuel Bagenstos, a law professor at the University of Michigan who clerked for Supreme Court Justice Ruth Bader Ginsburg and has argued before the court several times.
The justices generally vote for a case's outcome at a conference after oral argument, after which the chief justice assigns an opinion — but if Scalia was the deciding fifth vote in a case that has already been heard, that result is negated.
"Unless a justice is sitting at the court at the time of argument and at the time the decision is issued, the justice's vote doesn't count," Bagenstos said.Google Plus
Supreme Court Justice Antonin Scalia dies at age 79 4:07
Scalia's death may not make a difference in Fisher v. Texas, the affirmative action case brought by Abigail Fisher accusing the University of Texas for discriminating against her for being white.
Justice Elena Kagan recused herself from that case, having worked on it as solicitor general. That means that if Justice Anthony Kennedy votes to strike down Texas's affirmative action policy, as many expect him to, the result will likely be a 4-3 majority, Bagenstos said.
In cases before the high court, appeals courts have already ruled in favor of unions, upheld a controversial Texas abortion law, blocked a plan to shield millions from deportation, and against religious groups seeking to avoid having to provide contraception to employees.
In the case heard Jan. 11 that was expected to gut public sector unions, Friedrichs v. California Teachers Association, the 9th U.S. Circuit Court of Appeals ruled for the unions.
The issue before the court is whether state employees who choose not to join a union must still pay a share of union dues to cover contract negotiations and other benefits.
Related: Unions Appear Headed for Supreme Court Loss
In Whole Woman's Health v. Hellerstedt, the court's biggest abortion case in decades, the 5th U.S. Circuit Court of Appeals ruled against the abortion clinics in upholding parts of a Texas law requiring doctors performing abortions to have admitting privileges at nearby hospitals. It resulted in the shutdown of dozens of abortion clinics.
The group of religious nonprofits before the Court in a case consolidated as Zubik v. Burwell, who object to the Obama administration's plan for providing contraception to women whose employers object, all lost at their respective lower courts, though other organizations not technically before the Court prevailed at the 8th U.S. Circuit Court of Appeals.
[FONT=ProximaNovaRegular, Helvetica Neue, Helvetica, Arial, sans-serif]What Happens to the Big Supreme Court Cases After Scalia's Death?[/FONT]

 

[Debra K]

Republicans have not even picked a candidate yet and we are 11 MONTHS away from the next president
That means even if a Republican wins, it will take another four months to select and confirm a Justice

That would mean 15 months with a vacancy......will the people stand for it?
That's a lot of tie votes

Justice Scalia was a great justice in many ways with one exception. He failed to appreciate that the purpose of establishing a constitutional republic (and the purpose of the post-civil war amendments to our constitution) was to place individual freedom beyond the reach of mob rule and the political processes. In other words, one person's moral disapproval of another person or thing--alone--is never a sufficient basis to justify oppression. In order for a law to be constitutional, it must be rationally related to a legitimate government interest. That was and always will be an essential element of "due process of law" that Justice Scalia tended to ignore (and balk about) when he didn't approve of the outcome. His dissent in Lawrence v. Texas is an example of Justice Scalia's skewed application of our constitutional jurisprudence. But many of his other opinions--the opinions where his own personal and religious morals were not thumbs on the scales of justice--are brilliant. He had a gift for words, and he knew it.

Everyone dies, eventually. Thus, even the great Justice Scalia could not evade that universal truth. One of the most fortuitous aspects is the timing of his death, which was "breaking news" in our country just as the "wolves" vying for the Republican party nomination for president were about to step foot on a national stage to debate each other. Because of Justice Scalia's death, a lot of people who wouldn't normally watch the debate tuned in. Those candidates put on a show for America, one that was so filled with rancor and stupidity, that all rational people throughout the land realized that none of these power hungry "wolves" are presidential material.

They openly advocated the obstruction of the presidential powers bestowed upon the president by our constitution, which is something Justice Scalia himself would denounce. How ironic is that? In a conversation with Justice Scalia not so long ago, Justice Scalia stated the dissent he was most proud of writing is his dissent in Morrison v. Olson, which railed against Congressional usurpation of the President's constitutional powers. The paragraph that he often reread himself, with much pride, concluded with this ending line: "But this wolf comes as a wolf."

Here is the paragraph written by Justice Scalia (concerning our constitutional separation of powers) and the link to the decision (scroll down to read his dissent):

The major "fortification" provided, of course, was the veto power. But in addition to providing fortification, the Founders conspicuously and very consciously declined to sap the Executive's strength in the same way they had weakened [487 U.S. 654, 699] the Legislature: by dividing the executive power. Proposals to have multiple executives, or a council of advisers with separate authority were rejected. See 1 M. Farrand, Records of the Federal Convention of 1787, pp. 66, 71-74, 88, 91-92 (rev. ed. 1966); 2 id., at 335-337, 533, 537, 542. Thus, while "[a]ll legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives," U.S. Const., Art. I, 1 (emphasis added), "[t]he executive Power shall be vested in a President of the United States," Art. II, 1, cl. 1 (emphasis added).

That is what this suit is about. Power. The allocation of power among Congress, the President, and the courts in such fashion as to preserve the equilibrium the Constitution sought to establish - so that "a gradual concentration of the several powers in the same department," Federalist No. 51, p. 321 (J. Madison), can effectively be resisted. Frequently an issue of this sort will come before the Court clad, so to speak, in sheep's clothing: the potential of the asserted principle to effect important change in the equilibrium of power is not immediately evident, and must be discerned by a careful and perceptive analysis. But this wolf comes as a wolf.

FindLaw's United States Supreme Court case and opinions.

Here is the link to the interview with Justice Scalia:

In Conversation: Antonin Scalia

 

[Katzndogz]

Cibolo Creek Ranch owner recalls Scalia’s last hours in Texas

He was killed

 

[basquebromance]

The 11 most memorable Scalia quotes

 

[WorldWatcher]

Why choose?

Obama should nominate a woman so that Republicans piss off women voters when they reject her for no valid reason.

Then he should nominate a Latino so that Republicans piss off hispanic voters when they reject him for no valid reason.

Then he should nominate a black so that Republicans piss off black voters when they reject him/her for no valid reason.

Then he should nominate a gay so that Republicans piss off gay voters when they reject him/her for no valid reason.

How many demographics can Obama get Republicans to inspire to vote Democrat in November?

Obama can use Republican obstructionism against them and make this election the biggest turnout ever. And of course, big turnouts favor Democrats.

Well he could nominate a black, hispanic, lesbian, woman and get all four of those demographics at once.


>>>>

 

[Flopper]

The timing could not be worse for the GOP, but the court cannot be left deadlocked for more than a year simply because the GOP is being childish. Doing so would clearly show that the GOP is only too happy to damage the country to get their way. Refusing to govern in a presidential election year, with 24 GOP Senate seats to defend would be a huge mistake. If they do, and they might, they will lose the Senate, lose the White House, and lose the chance to name the next SC Justice.

If McConnell follows through, refusing to allow an Obama's nomination to come to the Senate floor for a vote, he will be creating the longest vacancy in the history of the 9 man court. That will leave the left leaning 8 justice court to make crucial decision over the next year and possibly much longer if there's a democrat elected. Clearly the Republican Senate is placing their political aim of a more conservative court above their constitutional duty.

If the court has a tie vote on a case, then the ruling of previous federal court will stand. Court decisions can have a huge impact. Suppose the court was called to make a decision that would determine the presidency as they did with Bush vs. Gore and could not reach a decision.

Clearly the Republican Senate is placing their political aim of a more conservative court above their constitutional duty.

 

[Faun]

Why choose?

Obama should nominate a woman so that Republicans piss off women voters when they reject her for no valid reason.

Then he should nominate a Latino so that Republicans piss off hispanic voters when they reject him for no valid reason.

Then he should nominate a black so that Republicans piss off black voters when they reject him/her for no valid reason.

Then he should nominate a gay so that Republicans piss off gay voters when they reject him/her for no valid reason.

How many demographics can Obama get Republicans to inspire to vote Democrat in November?

Obama can use Republican obstructionism against them and make this election the biggest turnout ever. And of course, big turnouts favor Democrats.

Well he could nominate a black, hispanic, lesbian, woman and get all four of those demographics at once.


>>>>

I think she's busy that week...

 

[jon_berzerk]

The timing could not be worse for the GOP, but the court cannot be left deadlocked for more than a year simply because the GOP is being childish. Doing so would clearly show that the GOP is only too happy to damage the country to get their way. Refusing to govern in a presidential election year, with 24 GOP Senate seats to defend would be a huge mistake. If they do, and they might, they will lose the Senate, lose the White House, and lose the chance to name the next SC Justice.

If McConnell follows through, refusing to allow an Obama's nomination to come to the Senate floor for a vote, he will be creating the longest vacancy in the history of the 9 man court. That will leave the left leaning 8 justice court to make crucial decision over the next year and possibly much longer if there's a democrat elected. Clearly the Republican Senate is placing their political aim of a more conservative court above their constitutional duty.

If the court has a tie vote on a case, then the ruling of previous federal court will stand. Court decisions can have a huge impact. Suppose the court was called to make a decision that would determine the presidency as they did with Bush vs. Gore and could not reach a decision.

Clearly the Republican Senate is placing their political aim of a more conservative court above their constitutional duty.

having an even number of justices seems like a good way to go the more i think about it

 

[Flopper]

they are not in recess

Yes, they are: U.S. Senate: Calendars and Schedules

no your are incorrect

they adjourn not in recess

Get something right, for once Why the Senate Should Reconvene Immediately to Stop Obama

http://grprofessionals.org/wp-content/uploads/2015/11/2016-Senate-Schedule.pdf

I think Obama's best shot maybe to pick a nominee so universally admired that it would be embarrassing for the Senate not to consider the nomination. If Obama chose to fill the seat while the Senate was in recess, it would be only a temporary appointment and would increase hostilities between Congress and the president even more if possible.

However, if the court announced that they would be reducing the number cases they will hear due the vacancy, then that would lend justification to Obama making a temporary appointment and would put more pressure on the Senate to allow a vote on an Obama nominee.

 

[lee1]

Our Republic is in severe jeopardy today because of Justice Scalia's death yesterday. And no autopsy makes it worse.
I believe Obama will appoint Scalia's successor, and that McConnell and the Senate will confirm anyone Obama wants, including the odious Eric Holder.

Imagine a 5-4 Supreme Court decision interpreting the 2nd Amendment to ban the mere possession of handguns. It could happen. MILLIONS of us would not comply, of course. Any attempt to force us would lead to mass death.

But this one event, Scalia's death, could be the inflection point of the downfall of the American Republic, and quite possibly the traceable initiation of the 2nd American Civil War.

No Autopsy? Here we go again! Before you know it; the Republicans will say that Justice Scalia was smothered by a pillow- after he was poisoned by a Democratic assassin. Conspiracy! The truth is: Mitch is still p***ed off because Harry Reid slept with his 1st wife! All of this rancor will allow the President to continue using his "Executive Power." Apparently the Republicans want Donald Trump to replace Justice Scalia (joking). The real truth is that there is a conspiracy growing to thwart the Republican Primaries by making Paul Ryan the Republican Nominee. This is not a joke! As of February 1st, the Las Vegas odds-makers added Ryan as a possible Republican contender. the odds are now 15,000 to 1- I just put $100 on his nose! If he becomes the nominee; I look to make $1.5 million dollars. Better than playing the Lottery! If you don't believe me; check it out, yourself.

 

[Flopper]

The timing could not be worse for the GOP, but the court cannot be left deadlocked for more than a year simply because the GOP is being childish. Doing so would clearly show that the GOP is only too happy to damage the country to get their way. Refusing to govern in a presidential election year, with 24 GOP Senate seats to defend would be a huge mistake. If they do, and they might, they will lose the Senate, lose the White House, and lose the chance to name the next SC Justice.

If McConnell follows through, refusing to allow an Obama's nomination to come to the Senate floor for a vote, he will be creating the longest vacancy in the history of the 9 man court. That will leave the left leaning 8 justice court to make crucial decision over the next year and possibly much longer if there's a democrat elected. Clearly the Republican Senate is placing their political aim of a more conservative court above their constitutional duty.

If the court has a tie vote on a case, then the ruling of previous federal court will stand. Court decisions can have a huge impact. Suppose the court was called to make a decision that would determine the presidency as they did with Bush vs. Gore and could not reach a decision.

Clearly the Republican Senate is placing their political aim of a more conservative court above their constitutional duty.

having an even number of justices seems like a good way to go the more i think about it

Having only 8 justices will probably mean that some cases that should be heard by the court won't be. Some cases may end in a tie vote which is not fair to the plaintiff or defendant as the case was taken to the Supreme Court for a final decision. In a tie, the party that brought the case to he court can ask the court to hear the case a second time with a full bench. If the court agrees, then the other party would have to go through the process a second time.

 

[Flopper]

Our Republic is in severe jeopardy today because of Justice Scalia's death yesterday. And no autopsy makes it worse.
I believe Obama will appoint Scalia's successor, and that McConnell and the Senate will confirm anyone Obama wants, including the odious Eric Holder.

Imagine a 5-4 Supreme Court decision interpreting the 2nd Amendment to ban the mere possession of handguns. It could happen. MILLIONS of us would not comply, of course. Any attempt to force us would lead to mass death.

But this one event, Scalia's death, could be the inflection point of the downfall of the American Republic, and quite possibly the traceable initiation of the 2nd American Civil War.

No Autopsy? Here we go again! Before you know it; the Republicans will say that Justice Scalia was smothered by a pillow- after he was poisoned by a Democratic assassin. Conspiracy! The truth is: Mitch is still p***ed off because Harry Reid slept with his 1st wife! All of this rancor will allow the President to continue using his "Executive Power." Apparently the Republicans want Donald Trump to replace Justice Scalia (joking). The real truth is that there is a conspiracy growing to thwart the Republican Primaries by making Paul Ryan the Republican Nominee. This is not a joke! As of February 1st, the Las Vegas odds-makers added Ryan as a possible Republican contender. the odds are now 15,000 to 1- I just put $100 on his nose! If he becomes the nominee; I look to make $1.5 million dollars. Better than playing the Lottery! If you don't believe me; check it out, yourself.

I would expect that conspiracy theory from Trump. His last one about Cruz not being eligible for the presidency is wearing a bit thin with the media.

 

[Mad Scientist]

Hey Liberals, this is yer chance to fvck the country real hard and make it last a good long time!

Don't waste it!

 

[TyroneSlothrop]

GOP: NO (black) PRESIDENT HAS EVER CONFIRMED A SUPREME COURT JUSTICE IN HIS LAST YEAR

 

[jon_berzerk]

The timing could not be worse for the GOP, but the court cannot be left deadlocked for more than a year simply because the GOP is being childish. Doing so would clearly show that the GOP is only too happy to damage the country to get their way. Refusing to govern in a presidential election year, with 24 GOP Senate seats to defend would be a huge mistake. If they do, and they might, they will lose the Senate, lose the White House, and lose the chance to name the next SC Justice.

If McConnell follows through, refusing to allow an Obama's nomination to come to the Senate floor for a vote, he will be creating the longest vacancy in the history of the 9 man court. That will leave the left leaning 8 justice court to make crucial decision over the next year and possibly much longer if there's a democrat elected. Clearly the Republican Senate is placing their political aim of a more conservative court above their constitutional duty.

If the court has a tie vote on a case, then the ruling of previous federal court will stand. Court decisions can have a huge impact. Suppose the court was called to make a decision that would determine the presidency as they did with Bush vs. Gore and could not reach a decision.

Clearly the Republican Senate is placing their political aim of a more conservative court above their constitutional duty.

having an even number of justices seems like a good way to go the more i think about it

Having only 8 justices will probably mean that some cases that should be heard by the court won't be. Some cases may end in a tie vote which is not fair to the plaintiff or defendant as the case was taken to the Supreme Court for a final decision. In a tie, the party that brought the case to he court can ask the court to hear the case a second time with a full bench. If the court agrees, then the other party would have to go through the process a second time.

the SC does not take the majority of appeals they select some

so i do not see the unfairness of tie

the lower courts opinion remains valid

i hear what you are saying

i was just wondering about the full count of justices becoming an even number

 

[eddiew]

Hey Liberals, this is yer chance to fvck the country real hard and make it last a good long time!

Don't waste it!

real hard??? like you fe'd america by selecting bush??

 

[Steve_McGarrett]

Our Republic is in severe jeopardy today because of Justice Scalia's death yesterday. And no autopsy makes it worse.
I believe Obama will appoint Scalia's successor, and that McConnell and the Senate will confirm anyone Obama wants, including the odious Eric Holder.

Imagine a 5-4 Supreme Court decision interpreting the 2nd Amendment to ban the mere possession of handguns. It could happen. MILLIONS of us would not comply, of course. Any attempt to force us would lead to mass death.

But this one event, Scalia's death, could be the inflection point of the downfall of the American Republic, and quite possibly the traceable initiation of the 2nd American Civil War.

No Autopsy? Here we go again! Before you know it; the Republicans will say that Justice Scalia was smothered by a pillow- after he was poisoned by a Democratic assassin. Conspiracy! The truth is: Mitch is still p***ed off because Harry Reid slept with his 1st wife! All of this rancor will allow the President to continue using his "Executive Power." Apparently the Republicans want Donald Trump to replace Justice Scalia (joking). The real truth is that there is a conspiracy growing to thwart the Republican Primaries by making Paul Ryan the Republican Nominee. This is not a joke! As of February 1st, the Las Vegas odds-makers added Ryan as a possible Republican contender. the odds are now 15,000 to 1- I just put $100 on his nose! If he becomes the nominee; I look to make $1.5 million dollars. Better than playing the Lottery! If you don't believe me; check it out, yourself.

I would expect that conspiracy theory from Trump. His last one about Cruz not being eligible for the presidency is wearing a bit thin with the media.

Well, Trump is right, Cruz is not eligible
He's a Citizen by statute therefore not a natural born Citizen for Article 2 Section .