Kavanaugh is not an originalist, vote him down so Trump makes a better pick

[Harpy Eagle]

You must live in a alternate reality. The "right" in this country is where the left was 20 years ago, so the country is still moving left even with all your faux-conservatives out there, or perhaps because of them.

True. Once the fringe left organized & seized control of the media, a couple of generations have been brainwashed to believe that basic morality is "bad".

But I have a feeling the pendulum will swing back, seeking a balance as it always does when the tension of the pivot point becomes undeniable.

No, there will be no swing back, especially not in the way you are hoping. Now that we have generations that have not been brainwashed by bronze age religious text, homophobes like you will eventually die out.

And the country will continue to move left politically (just for clarification, being anti-gay is not a political issue, it is a character one) as the central government takes more and more control over the economy and healthcare.

The country is as left wing as it is ever going to get.

Millennials are turning faster than baby boomers did away from the Democrats, and Gen Z is even more Republican friendly(despite being tide pod eating idiots), and more like Gen X than millennials from the offset.

Once the baby boomers die the foundation of the far left will fall out. Baby boomers dying causes short term damage to Republicans while causing permanent damage to the 60s culture war.

I work with a bunch of millennials(including myself) and Gen Zers, and nobody was freaking out over Trump picking someone last night. In fact it was the first time that I saw Fox News on the tv in the break room, despite the fact that I work for the Teamsters Union.

You are just wrong, yes, they are turning to the Repubs, a group that is further left than the "left" was 20 years go. We have been on a leftward track for the last 50 years and it is not going away

 

[kaz]

This is a good choice. Trump will get at least one more in the next couple of years, Ginsburg could go any day, she cant even stay awake.

How in the world is the weakest, least-textualist candidate of the four a "good choice"?

Because he is the only one who can make it through, and he is one who will make Democrats look the most foolish, while still being better than Kennedy.

Which situation would you rather have, Kavanaugh and most likely Barret later, or Trump’s 2nd Supreme Court pick going down like the health care law and Trump’s “winning” taking another hit?

A better pick

Which you wouldn’t get through even with McCain voting.

A pick going down just a month before the mid terms would be very bad for Trump, Republicans and the country at large.

I totally disagree with your entire line of thinking.

I think your recipe for blind obedience to the party whatever it does is the recipe to make a Democrat

 

[kaz]

McConnell prevented another far left liberal from getting on the court. It was politics as usual. Reid changed the senate rules, now the dems are having that change shoved up their asses.

Only to those that regurgitate talking points was Garland "a far left liberal". Fact is prior to the nomination he was a jurist praised by Republicans. Obama called their bluff.

I have no problem with the change in the rules. Constitution calls for the consent of the Senate, it does not call for a super-consent of the Senate, that means a majority vote - not a super majority vote.

.>>>>

How is Garland not a leftist who would be a reliable left vote on the court? Serious question

 

[kaz]

We have a neo-con right winger and a mainstream establishment guy.

The next one will be "who the heck knows?"

elections have consequences, Jakey boy. the words of your messiah, the great obozo.

So do decisions. The problems you have, is elections didn't stop happening when Trump got elected, and over the last year and a half, the left has been winning those elections, and in some very red areas they shouldn't be.

Then there is the problem of a fast changing population that is happening in the number of millions, and is in no danger of slowing down over the next 30 years until people that look like Kavanaugh are in the minority in this country.

At which time when the Congress, state legislatures, governors, and the Presidency are the ultimate check on the judiciary, and it's irrelevant who is on the court.

The consequences for the liberals are temporary. The consequences for conservatives will be permanent in just a few more years.

The problems for Trump will become permanent sooner than that.

A thousand seats went from Dem to Rep and a few dozen went back. You don't even have any chickens to count yet

 

[Stormy Daniels]

There is no possible way to get that healthcare exchanges and healthcare payments to insurance companies are taxes.

They are expenditures. The penalties are taxes, the payments are expenditures. Congress has nearly unlimited power to tax and spend.

 

[kaz]

Is more original thinking about the Constitution a bad idea?

The Constitution exists solely in the context of its case law.

"Originalism" is a bad faith contrivance by conservatives hostile to that case law, and an attempt to justify opposing settled, accepted Constitutional jurisprudence.

The people gave a mandate to the Federal government saying here are the powers we are granting you.

When the courts rule on that mandate, they clearly have the moral authority of the people.

When the courts rule on their own rulings, not on the mandate given by the people to the government, what is the moral authority behind that ruling?

It's just a game of telephone

 

[kaz]

I'm totally disappointed. I hope the Republicans vote him down and force Trump to make a better pick. Being an originalist is not pick and choose, sometimes you are, sometimes you're not.

Obamacare

Supreme Court Nominee Brett Kavanaugh Penned Healthcare Dissent Focused On Tax

I get that the penalty is a tax. But Obamacare is SO much more than a penalty. His logic, which the ape Roberts parroted, was the penalty itself was a tax, therefore the entire Obamacare plan was fine. It's the other way around. There is no possible way to get that healthcare exchanges and healthcare payments to insurance companies are taxes.

If there was a severability clause, he could have struck down all the legislation other than the penalty, but there wasn't. And regardless, he voted that since the penalty was Constitutional, the rest of the Unconstitutional provisions were Constitutional

As usual, you are talking total nonsense. No one ever argued that the payments to health insurance companies are taxes. Only the mandate. And the mandate is a tax.

The Right is incredibly hypocritical for whining about the mandate tax. After all, pseudocons have insisted hundreds of times on this forum a person who does not buy a house should pay more taxes than someone who did, or someone who did not buy an energy-efficient refrigerator should be punished with higher taxes than someone who did.

So it was no leap at all to make someone who does not buy health insurance pay more taxes than those who do.

My God you're a stupid Mother Fucker.

1) You insult me by calling me a conservative. Which is what you say you are. A genuine conservative. Yet you call me a conservative to insult me. You're not a libertarian, kaz, you're a CONSERVATIVE. Ouch! Bam!

2) Then you double down on stupid by saying I'm not really a conservative, I'm a fake conservative. I said I'm not a conservative, and you say I'm not a conservative to insult me, but I was only a conservative when you declared me one ... to insult me!

I'm just laughing at you

 

[mikegriffith1]

Why would we want to dump a nominee who agrees with us on 80-90% of the issues? We don't have to get everything we want all the time. It's not realistic to expect that. Personally, I was rooting for Amy Barrett. But I am confident that Kavanaugh will prove to be conservative on most issues. Tactically, for the Congress we have now, Kavanaugh is a very good pick.

 

[JakeStarkey]

Close to 130 in a year. Far more this fall. Dems are on a roll now as the GOP falls like dominoes. Tough to be GOP right now.

 

[kaz]

I'm totally disappointed. I hope the Republicans vote him down and force Trump to make a better pick. Being an originalist is not pick and choose, sometimes you are, sometimes you're not.

Obamacare

Supreme Court Nominee Brett Kavanaugh Penned Healthcare Dissent Focused On Tax

I get that the penalty is a tax. But Obamacare is SO much more than a penalty. His logic, which the ape Roberts parroted, was the penalty itself was a tax, therefore the entire Obamacare plan was fine. It's the other way around. There is no possible way to get that healthcare exchanges and healthcare payments to insurance companies are taxes.

If there was a severability clause, he could have struck down all the legislation other than the penalty, but there wasn't. And regardless, he voted that since the penalty was Constitutional, the rest of the Unconstitutional provisions were Constitutional

As usual, you are talking total nonsense. No one ever argued that the payments to health insurance companies are taxes. Only the mandate. And the mandate is a tax.

The Right is incredibly hypocritical for whining about the mandate tax. After all, pseudocons have insisted hundreds of times on this forum a person who does not buy a house should pay more taxes than someone who did, or someone who did not buy an energy-efficient refrigerator should be punished with higher taxes than someone who did.

So it was no leap at all to make someone who does not buy health insurance pay more taxes than those who do.

BTW, idiot. I consistently argue there should be no tax deductions for that reason. Government is warping prices. They should not artificially inflate for example the price of a house. See 2008 ...

 

[kaz]

Unfortunately, time is of the essence, the fall schedule awaits and the court needs fully staffed.

No more urgent than when McConnell left the seat vacant for over a year because of who the President was.

Hell Kennedy's not even retired yet. Plenty of time.


(This from a Republican who McConnell royally pissed off with his dereliction of duty.)


>>>>

McConnell prevented another far left liberal from getting on the court.

So fuck the Constitution, right? Fuck elections and the will of the people, right? The ends justifies the means, eh?

1) Garland was not far left.

2) The people chose the President who would in turn select judges to fill vacancies. McConnell deliberately violated this Constitutional mandate, and you make me sick for being okay with that. By your own argument, the Democrats should do the same thing and do everything they can to prevent this President from nominating who they decide is a "far right conservative".

How was Garland "not far left?" Be specific

 

[mikegriffith1]

This is the problem I have with hardcore libertarians and John Birchers: It's all or nothing. If someone disagrees with them on just a few issues, they reject them outright.

 

[JakeStarkey]

Redfish made the original assertion that Garland was far left.

He can support it with evidence before G5000 and I blow it out of the water.

 

[kaz]

I'm totally disappointed. I hope the Republicans vote him down and force Trump to make a better pick. Being an originalist is not pick and choose, sometimes you are, sometimes you're not.

Obamacare

Supreme Court Nominee Brett Kavanaugh Penned Healthcare Dissent Focused On Tax

I get that the penalty is a tax. But Obamacare is SO much more than a penalty. His logic, which the ape Roberts parroted, was the penalty itself was a tax, therefore the entire Obamacare plan was fine. It's the other way around. There is no possible way to get that healthcare exchanges and healthcare payments to insurance companies are taxes.

If there was a severability clause, he could have struck down all the legislation other than the penalty, but there wasn't. And regardless, he voted that since the penalty was Constitutional, the rest of the Unconstitutional provisions were Constitutional

Metadata

Kavanaugh: "The Fourth Amendment does not bar all searches and seizures. It bars only unreasonable searches and seizures."

How is metadata about our phone calls not unreasonable with no warrant? They're specifically taking information from private businesses about our phone calls. You can justify anything with that logic. Get a warrant!

Trump’s Supreme Court nominee opposes net neutrality, supports NSA bulk collection

The SCOTUS's job is to vigilantly protect our rights. These are two clear cases that he clearly didn't. Is he going to be Souter II? He may be, he's not a vigilant defender of Constitutionally protected freedom

Originalists have been consistently hostile toward Fourth Amendment rights, in support of government authority to conduct searches absent a warrant (see, for example, Minnesota v. Carter (1998)).

Bull. Originalists are strong supporters of the fourth amendment. You're probably confusing us with neocons. You aren't very smart, we're all Republicans to you since you think there are Democrats and Republicans and your world consists only of the two

 

[kaz]

This is very frustrating about Republicans. You make the perfect the enemy of the good.

No wonder we lose so often to the scum of the Earth dimocrap FILTH.

Trump is a sly old Fox. He knew dimocrap SCUM would protest anybody he nominated up to and including King Solomon himself.

This way, he can show dimocrap FILTH for what they are........ Obstructionist radical FILTH.

So next time, when he nominates a fire-breathing, fire and brimstone Originalist, he can get him/her through without a big fight.

I like the pick.

I am the OP, I'm not a Republican. Sorry, but fail

 

[kaz]

Unfortunately, time is of the essence, the fall schedule awaits and the court needs fully staffed.

No more urgent than when McConnell left the seat vacant for over a year because of who the President was.

Hell Kennedy's not even retired yet. Plenty of time.


(This from a Republican who McConnell royally pissed off with his dereliction of duty.)


>>>>

McConnell prevented another far left liberal from getting on the court. It was politics as usual. Reid changed the senate rules, now the dems are having that change shoved up their asses.

No, that would only have happened if a real conservative had been nominated. Kavanaugh smells like swamp muck, he'll glide through appointment before November.

Perhaps Trump picked Kavanaugh because Kavanaugh believes a President should not be investigated while in office.

You just have your head up the ass of the Democrat party

 

[C_Clayton_Jones]

I'm totally disappointed. I hope the Republicans vote him down and force Trump to make a better pick. Being an originalist is not pick and choose, sometimes you are, sometimes you're not.

Obamacare

Supreme Court Nominee Brett Kavanaugh Penned Healthcare Dissent Focused On Tax

I get that the penalty is a tax. But Obamacare is SO much more than a penalty. His logic, which the ape Roberts parroted, was the penalty itself was a tax, therefore the entire Obamacare plan was fine. It's the other way around. There is no possible way to get that healthcare exchanges and healthcare payments to insurance companies are taxes.

If there was a severability clause, he could have struck down all the legislation other than the penalty, but there wasn't. And regardless, he voted that since the penalty was Constitutional, the rest of the Unconstitutional provisions were Constitutional

Metadata

Kavanaugh: "The Fourth Amendment does not bar all searches and seizures. It bars only unreasonable searches and seizures."

How is metadata about our phone calls not unreasonable with no warrant? They're specifically taking information from private businesses about our phone calls. You can justify anything with that logic. Get a warrant!

Trump’s Supreme Court nominee opposes net neutrality, supports NSA bulk collection

The SCOTUS's job is to vigilantly protect our rights. These are two clear cases that he clearly didn't. Is he going to be Souter II? He may be, he's not a vigilant defender of Constitutionally protected freedom

In Carter, of course, it was the liberal justices who dissented, voting to place greater restrictions on government’s authority to conduct searches, requiring the state to obtain a warrant even for searches of persons or property spending a brief period of time in a dwelling.

 

[Marion Morrison]

To 99.99% of us it doesn't matter who sits on the supreme court. Its fun to debate it, but in real life it has zero affect on most of us.

Offtopic like hell, but do you know what I saw on the side of the sidewalk today?

A Yellowfin Snapper, about 14 inches long, just sitting there between the sidewalk and somebody's privacy fence. Dead. I'm like..20 miles from saltwater, wtf?

 

[kaz]

There is no possible way to get that healthcare exchanges and healthcare payments to insurance companies are taxes.

They are expenditures. The penalties are taxes, the payments are expenditures. Congress has nearly unlimited power to tax and spend.

Bull. Those expenditures are supposed to be spent only on Constitutionally authorized Federal powers

 

[kaz]

Why would we want to dump a nominee who agrees with us on 80-90% of the issues? We don't have to get everything we want all the time. It's not realistic to expect that. Personally, I was rooting for Amy Barrett. But I am confident that Kavanaugh will prove to be conservative on most issues. Tactically, for the Congress we have now, Kavanaugh is a very good pick.

It's not about the "percent" of issues." It's about the issues, and the ones in my OP are big ones