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With Rights Cases in Balance, Will Scalia's Death Lead to Complete Chaos or Liberal Wins?


#1

With Rights Cases in Balance, Will Scalia's Death Lead to Complete Chaos or Liberal Wins?

Nadia Prupis, staff writer

The death of U.S. Supreme Court Justice Antonin Scalia, the leading conservative in the nation's highest court, has set the stage for a contentious year-end term as lawmakers tussle over a replacement nomination and several high-profile cases hang in the balance.

With eight justices left, the court has two options for cases in which it is now divided 4-4: it can order the cases to be re-argued after a new justice is confirmed, or it can abide by the ruling of the lower courts, without setting a precedent for future cases.


#2

The composition of the Scalia Court and the decisions it came to put the term Civilization itself into question.

One would like to presume it can only get more sane from here...


#3

Interesting how the cases slated to be heard by SCOTUS this session are all big topics for the Repug Klown Kar Kandidates...what a coincidence...?! Many of them had been decided by earlier SCOTUS justices whose courts were less combative and more reasonable. With the demise of Scalia, perhaps the element of rancor will free up the minds of other conservabot justices to perceive reality and pay attention to what is good for the nation, not just for the benefit of the agitating Repug activists. Thomas just may have to stay awake during testimonies...nah. What a shame...all those academic degrees and nothing to show for it/them.


#4

Alan Grayson suggests that Obama name Elizabeth Warren for SCOTUS. Having her there there for life may be better than having her as VP for four years. Petition:

http://action.senatorwithguts.com/page/s/elizabeth-warren-for-scotus?source=em20160215


#5

The corporations funding the Obama family's post white house gravy train ticket (speaking fees, lucrative jobs for the kids, foundation contributions) will be in serious cut back mode if Obama nominates anybody who threatens corporate personhood or profits.


#6

The Punditry salivates and sighs in thankful disbelief at their good fortune. Stop the presses! Their motto: All work together to divide.


#7

Bye-Bye, Scalia.Never wished you dead but glad you're gone, and hope you're paying big for your pathologically-driven sense of righteous superiority. Hope you have to shovel piles of dung against a strong head wind for awhile...
OK, I feel a little better now.
As far as a SCOTUS nominee, I think Warren would be a good one; hell, I wish he would nominate Ralph Nader!!


#8

On the other hand, his kids will have to suffer the consequences of another conservative SCOTUS (global warming, pollution, crime, war, etc., etc.)


#10

Makes me think Grayson wants to be Hilary's v.p.


#11

Nominate Kamala Harris.


#12

Seems like having a hung Supreme Court will just parallel the useless Congress. Dysfunctional is a word that comes to mind. Seems like we need to change the Constitution so that the People, when appropriate, can just schedule a new election. All Congress members run. Some come back, maybe. The Court should be also changed, with appointment to a single seven year term, with nobody appointed who will be more than 65 when their term is over. Seems like life-time appointments sort of turns out to have a King, or some other obsolete concept of governance. And, as everybody knows, kids of military officers, and kids of elected officials should not be allowed to follow into those professions.


#13

One of Warren's greatest assets is being a vocal advocate which would be lost if she were on the SCOTUS.

There are many other progressives that are better suited for being a justice.


#14

Author sez: "The case Friedrichs v. California Teachers Association (CTA) threatened to undermine public sector unions nationwide. ... (A)ny move to affirm the lower court ruling, which was a loss for anti-union plaintiffs, will be deemed a victory for organized labor."

Cheery bit of irony, there.
The lower court "loss" was requested by the plaintiff in order to kick the case directly and promptly into Scalia's warm embrace.

Oopsie!


#15

In life Scalia was a decisive figure who frequently dismissed the rights of so many in order to protect privilege; in death we have an opportunity to review the significance of how he viewed privilege over rights and the effect it has played on how it could lead to complete chaos, if you believe that complete chaos does not already exist within our judicial system. But, the fundamental issue is what have we learned from the life and death of Antonin Scalia and how to prevent the appointment of another radical conservative like him. And, as the president tries to move our country forward, there is one man who will stand in the way in order to perpetuate privilege over rights, which has suddenly become the centerpiece of what this election is all about and if the rule of law is in fact equitable and if it applies to the privileged class and their facilitators.

Senator Sanders often discusses our bulging corporate prison system that is filled with inmates whose only crime was possessing a small amount of marijuana, which in and of itself is an injustice, but he also eludes to the disproportionate aspects of our judicial system that give the millionaires and billionaires whose actions crippled our economy a free pass, which in and of itself is an injustice. The conversation needs to be extended to Mitch McConnell. McConnell first proved his cold-blooded nature by waiting an hour to freely admit he was unwilling to abide by his oath of office and deliberately interfere with the will of the people by blocking the constitutional duties and authority of the President of the United States. It is one thing to scrutinize a nominee and delay the nomination for good cause, it is quite another to admit to a plan that [deliberately] obstructs our judicial system. Mitch McConnell is a former judge and a long time senator who knows he is violating his oath of office and, if he [openly] brings other senators on board he is in effect conspiring against the American people. This is how arrogant our democracy has become when a senator can openly violate the laws that uphold the equitable boundaries of our democracy, and we do nothing to insure its integrity.

5 U.S.C. 7311 which explicitly makes it a federal criminal offense (and a violation of oath of office) for anyone employed in the United States Government (including members of Congress) to “advocate the overthrow of our constitutional form of government”. The fourth federal law, 18 U.S.C. 1918 provides penalties for violation of oath office described in 5 U.S.C. 7311 which include: (1) removal from office and; (2) confinement or a fine.

Mitch McConnell should be arrested and or confined for his actions and be brought up on Articles of Impeachment. But, as Bernie points out again, and again, the system is rigged, and without the rule of law, without equal distribution, there is no law, but rather an abandonment of our democracy, and that is the central issue over this argument, whether we stand together for what we say we believe in, or if we are willing to do nothing while people like Mitch McConnell continue to highjack our government by invoking privilege over rights in the hope that he can find another Antonin Scalia to continue the downward spiral of our democracy.

This is the narrative that supports Bernie Sanders and his call for a political revolution. Senator McConnell is part of the problem, he is a facilitator of injustice, but the American people are the solution, if the majority stand together and do something!

I will only say that as much I personally despised Scalia, I am for once grateful to him, because in death he has effectively given light to privilege over rights, but is making us realize that the complete chaos is already here; that could have the unintended effect of broadening the conversation about the future of this country, and Mitch McConnell, whether deliberate or not, just fell into the trap of facilitating that very issue.


#16

She could be easier to get confirmed because she has the goods on politicians.

If she didn't get confirmed, she could run with Bernie for VP. If thats not possible, she would make a great Attorney General.


#17

Let her get the Senate seat. Got to be better SCOTUS candidates.


#18

"The conversation needs to be extended to Mitch McConnell. McConnell first proved his cold-blooded nature by waiting an hour to freely admit he was unwilling to abide by his oath of office and deliberately interfere with the will of the people by blocking the constitutional duties and authority of the President of the United States. It is one thing to scrutinize a nominee and delay the nomination for good cause, it is quite another to admit to a plan that [deliberately] obstructs our judicial system. Mitch McConnell is a former judge and a long time senator who knows he is violating his oath of office and, if he [openly] brings other senators on board he is in effect conspiring against the American people. This is how arrogant our democracy has become when a senator can openly violate the laws that uphold the equitable boundaries of our democracy, and we do nothing to insure its integrity."

Spot on. The public space and free pass given to the gleeful, blatant pronouncements of anti-democratic bullies and proto-fascists, is testament to the degraded popular understanding of democracy, fruit of decades of increasingly transparent assault and propaganda.


#20

Elizabeth Warren would be great on the SCOTUS, but I'm not sure that she'd be interested in being nominated for a Supreme Court Justice.


#21

I think this is a good time to address the rancid stupidity in the decision making process of our court systems. These people aren't qualified or knowledgeable enough to make the decisions they make, and the system is not open enough, objective enough, or smart enough.

We keep playing into their game and allowing them to hijack reason and giving credence to a set of worthless credentials. The supreme court said corporations are people, or "associations of people" as they say except corporations are not democracies so that argument is immediately broken. And yet we continue to invest power in this regime that would allow ever for such thinking to occur. This system will never make things substantially better. It only knows the status quo. It's only real relation to the people is an intentional idiot bureaucracy based on silencing reason and demanding subservience.

Break this system and replace it with a rule of reason, sortition, and direct democracy.


#23

So long as we have legislation as blood sport, I just don't seen any win coming out of this. It will be incumbent on Obama to suggest a nominee. That nominee will have long deep corporate credentials if they have any hope of being even considered. So even if you get a pro-choice or marriage equality inclined candidate, he will obligatorily be inclined to side with anti-worker, pro-Citizen's United, pro-corporate law, pro-trade agreement, pro-prison industrial complex issues. Of course the candidate may be less rabid than any candidate that will be nominated by Trump/Rubio/Cruz but he still not be likely for the people.

This issue simply further exposes the brokenness of the system.