Good!

She's a damn tough old lady, and will hang in there until January. This health scare still makes it clear that if Trump wins reelection (which seems quite unlikely atm), then there's a really high chance he gets to pick RBG's successor.

It's inhumane to politicize an individual's death but sorry that's just the way it is.

I hope she lives long enough to retire under a Democratic president. I support a conservative judicial philosophy but right now I rather watch the right-wing world burn.

Gorsuch hasn't been as bad as I thought he would be. His autistic rules-as-written-and-no-leeway has produced some decent results, even if I disagree with his judicial philosophy.

wait what? have you missed june medical services v. russo? both kavanaugh and gorsuch completely abandoned their alleged originalist philosophy in order to undermine roe v. wade. activist judges through and through, as predicted.

Words as written is the only way. When you get into original meaning you get into personal interpretation of things and projected values and whatnot.

Its amendable so if the meaning changes it is a living document.

Scalia would say the words were important then disregard them and and cite what he felt was the original meaning. When Judge Posner said his legal philosophy was schizophrenic it was a valid criticism.

I think a lot of people are surprised Gorsuch actually respects the court he is in and its history.

Gorsuch is a textualist, not an originalist...

Words as written are needed, but there's a larger judicial context you have to consider in the interpretation.

Specifically in the California trucker case, where he dissented by saying that the Trucker abandoned equipment, even though it was below freezing and the trucker would have died if he stayed with the equipment.

Yeah, the letter of the law says you can be fired for abandoning equipment and doesn't say your employer can't order you to die, but that's because it doesn't have to be written that your employer can't punish you for refusing an order that would result in your death.

He's as-written to a fault, even when it makes no sense.

From what I've read, Gorsuch would say that's the responsibility of the legislature. It's not for the Judiciary to correct bad laws, but Congress. The Judiciary rules on the law as it's written, and doesn't legislate corrections into the law, even when they make complete sense.

Liberal legal theory is sort of amorphous. It's whatever they feel is "right" at the time, irrespective of whether or not it's within judicial prerogative. Bad law? Just rewrite it, sovereignty of the people be damned.

Depends on the situation. "Do this thing that will almost certainly kill you even without unforseen circumstances or you're fired" being illegal is something that should simply be the default.

This post was edited by Thor123422 on Jul 15 2020 07:50pm

fender doesnt understand our Constitution. he still thinks the “republican party created the electoral college”.