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Sep 26 2020 03:28pm
Quote (IceMage @ Sep 26 2020 02:17pm)
https://www.youtube.com/watch?v=gEPiVjQOaiU


Checked in for a couple minutes. I appreciate her being intentional about saying that justices are not policy writers and that the role of the court is in the interpretation and application of the law as it is currently written. While I could get into the weeds about my reservations about textualism/originalism etc., I find myself just reflecting on how unfortunate that justices have to deny themselves the ability to acknowledge a really human bias that anyone, including myself, has.

Anyone, no matter how learned, engages in subjective interpretation of the law. In so doing, we all experience the bias of our own opinion in the reading, interpretation, and application of the law. Unfortunately, acknowledging this reality is likely to be career suicide because any justice who would recognize this would be deemed unfit, biased, and problematic by public political discourse.

Personally, I neither want nor believe possible, the idea that Supreme Court Justices are without bias. Rather, I want justices to be aware of their own biases, how it affects their decision making, and to have proactive measures to navigate their internal experience when their biases come up. I am eternally wary of anyone, including the posters here in PaRD, who describe themselves as "without bias", "objective", "facts only", etc.
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Sep 26 2020 03:33pm
Quote (IceMage @ 26 Sep 2020 23:17)
https://www.youtube.com/watch?v=gEPiVjQOaiU

Dream scenario: Barrett gets confirmed(all but certain), Trump loses, Democrats take the Senate by a narrow margin, ensuring that the Supreme Court is not stacked.


I wouldnt be so sure that Manchin/Sinema will really resist stacking the court when the chance is there. Also keep in mind that Murkowski might very well switch parties after the election...


Imho, everything - not just the courts - is far safer if it's the GOP which retains a narrow majority in the Senate. Would also ensure that Biden and the loony House Dems cant pass any non-centrist legislation.
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Sep 26 2020 03:41pm
Quote (Black XistenZ @ Sep 26 2020 05:33pm)
I wouldnt be so sure that Manchin/Sinema will really resist stacking the court when the chance is there. Also keep in mind that Murkowski might very well switch parties after the election...


Imho, everything - not just the courts - is far safer if it's the GOP which retains a narrow majority in the Senate. Would also ensure that Biden and the loony House Dems cant pass any non-centrist legislation.


The reality is that it's far more likely Biden and other Dem senators besides Manchin/Sinema will oppose stacking the court. Left-wing Twitter does not represent the Democratic party. And Murkowski switching parties makes zero sense.

A Republican senate would be a disaster for Biden... they would completely hobble his ability to govern in the midst of a pandemic and economic crisis.
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Sep 26 2020 04:18pm
Quote (IceMage @ 26 Sep 2020 23:41)
The reality is that it's far more likely Biden and other Dem senators besides Manchin/Sinema will oppose stacking the court. Left-wing Twitter does not represent the Democratic party.


I didnt say it's a given that they would go for it, I said it cant be ruled out. Imho, there is a small but non-negligible chance they try to go nuclear, pack the courts and maybe also the Senate itself via DC statehood etc. Personally, I would prefer this scenario to be nipped in the bud.


Quote
A Republican senate would be a disaster for Biden... they would completely hobble his ability to govern in the midst of a pandemic and economic crisis.


Well, arent you the one who repeatedly said that Biden is the great uniter, a gifted consensus builder who can bring the country together, or at least the sane (ideological) middle?
Having to work with a Republican senate during a pandemic and economic crisis would allow him to put those skills to good use. And it's not like he would need to find broad, bipartisan majorities for his legislation, he would just need to convince a few of the more moderate and sane GOP senators.
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Sep 26 2020 04:35pm
Quote (IceMage @ 26 Sep 2020 17:17)
https://www.youtube.com/watch?v=gEPiVjQOaiU

Dream scenario: Barrett gets confirmed(all but certain), Trump loses, Democrats take the Senate by a narrow margin, ensuring that the Supreme Court is not stacked.

are you comfortable with being a Biden supporter, most of whom who hate Barrett and are going with the #resist angle of accusing her of “stealing” the children her family adopted from Haiti?

https://mobile.twitter.com/HawleyMO/status/1309662738533298176



https://thefederalist.com/2020/09/26/anticapitalist-sponsored-by-twitter-ceo-accuses-amy-coney-barrett-of-colonialism-for-adopting-from-haiti/

https://mobile.twitter.com/DrIbram/status/1309916696296198146
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Sep 26 2020 04:48pm
Much more interesting to talk about this nomination than Covid chainsaw massacre
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Sep 26 2020 05:38pm
i'm wondering, are all the people giddy over her nomination aware of how firmly she is on the side of multi-national corporations, and how she will secure america's decline into an oligarchy, making it virtually impossible to overturn the legalised bribery that has lead to corporate america's takeover of the government?

her religious fundamentalism and anti-choice stance aside, it's simply amazing how all the idiots who fell for the "drain the swamp" and "make america great again" messaging, justifiably concerned with the corruption in washington (but fooled by someone who never intended to keep their promises in that regard), haven't learned a thing, and will happily embrace someone who throughout their whole career have PROVEN to be the exact opposite of that, for some red meat (in this case her religiously motivated anti-choice stance)...

the more i witness american ignorance, the more i think you people simply deserve to get screwed over like that, lol. it's mindblowing how easily the masses can be made to cheer against their own best interest with just a few simple tricks...
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Sep 26 2020 05:47pm
Quote (fender @ 27 Sep 2020 01:38)
i'm wondering, are all the people giddy over her nomination aware of how firmly she is on the side of multi-national corporations, and how she will secure america's decline into an oligarchy, making it virtually impossible to overturn the legalised bribery that has lead to corporate america's takeover of the government?

her religious fundamentalism and anti-choice stance aside, it's simply amazing how all the idiots who fell for the "drain the swamp" and "make america great again" messaging, justifiably concerned with the corruption in washington (but fooled by someone who never intended to keep their promises in that regard), haven't learned a thing, and will happily embrace someone who throughout their whole career have PROVEN to be the exact opposite of that, for some red meat (in this case her religiously motivated anti-choice stance)...

the more i witness american ignorance, the more i think you people simply deserve to get screwed over like that, lol. it's mindblowing how easily the masses can be made to cheer against their own best interest with just a few simple tricks...


Can you give some examples of noteworthy pro-corporactocracy rulings by ACB?
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Sep 26 2020 06:06pm
Quote (Black XistenZ @ Sep 26 2020 03:18pm)
I didnt say it's a given that they would go for it, I said it cant be ruled out. Imho, there is a small but non-negligible chance they try to go nuclear, pack the courts and maybe also the Senate itself via DC statehood etc. Personally, I would prefer this scenario to be nipped in the bud.




Well, arent you the one who repeatedly said that Biden is the great uniter, a gifted consensus builder who can bring the country together, or at least the sane (ideological) middle?
Having to work with a Republican senate during a pandemic and economic crisis would allow him to put those skills to good use. And it's not like he would need to find broad, bipartisan majorities for his legislation, he would just need to convince a few of the more moderate and sane GOP senators.



You're crazy. The Dems are totally fine with Republicans being in control. They won't mount any real opposition. Theatrics to fundraise off of is it. And Biden would pass center right policy even with the Senate.
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Sep 26 2020 06:51pm
Quote (Black XistenZ @ Sep 26 2020 06:18pm)
I didnt say it's a given that they would go for it, I said it cant be ruled out. Imho, there is a small but non-negligible chance they try to go nuclear, pack the courts and maybe also the Senate itself via DC statehood etc. Personally, I would prefer this scenario to be nipped in the bud.

Well, arent you the one who repeatedly said that Biden is the great uniter, a gifted consensus builder who can bring the country together, or at least the sane (ideological) middle?
Having to work with a Republican senate during a pandemic and economic crisis would allow him to put those skills to good use. And it's not like he would need to find broad, bipartisan majorities for his legislation, he would just need to convince a few of the more moderate and sane GOP senators.


Maybe it's possible they would end the filibuster, but packing the court is a serious escalation. I'm highly skeptical it would happen. Sure, in this heated moment it looks possible, but things will cool down and it'll be less politically viable.

I'm not sure I've said that. He would be a president who tries to unite rather than intentionally divide like Trump, but the idea that he's going to bring Republicans to his side isn't realistic. It doesn't matter how gifted a negotiator he is... if Republicans decide they have no incentive in striking compromises, they won't do it.

Perhaps I'm being a little too pessimistic... if Republicans barely hold onto the Senate, there's a couple senators who might help Biden govern, at least in response to COVID and the economic downturn. But really we're just debating how obstructionist they will be.

Quote (excellence @ Sep 26 2020 06:35pm)
are you comfortable with being a Biden supporter, most of whom who hate Barrett and are going with the #resist angle of accusing her of “stealing” the children her family adopted from Haiti?


A funny thing about the times we're living in is if I want to point out how ridiculous the right-wing is nowadays, I don't have to focus on minor players on Twitter. I can point to the leader of the Republican party... the guy who sits in the Oval Office. I can point to his Attorney General, his nutty trade advisor, his HHS spokesman who called his colleagues traitors, his Press Secretary troll, or his massively popular propagandists on Fox News and talk radio.

Yet, the right-wing has to nutpick mostly minor figures on the left and pretend that they represent Joe Biden, or Democrats as a whole.

It's one of those indicators that shows the only serious party left in the country is the Democratic party.
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