Kavanaugh SCOTUS Senate Judicial Hearing

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Starbuck1975

Lifer
Jan 6, 2005
14,698
1,909
126
Please explain how democrats winning the executive branch or a single chamber of the legislative branch makes conservative control of the court a moot point.

Since that was the rest of your statement and I am not the only person who thinks you are full of shit on that point.
The courts don’t make law. They can only rule on existing law. If the conservatives have the courts, that is just one of many checks and balances.

Throwing a fit doesn’t change that.
 

Jhhnn

IN MEMORIAM
Nov 11, 1999
62,365
14,681
136
The courts don’t make law. They can only rule on existing law. If the conservatives have the courts, that is just one of many checks and balances.

Throwing a fit doesn’t change that.

The SCOTUS interprets the Constitution & applies that to the law. If they say abortion is a States' Rights issue, it is, until such time as the court reverses "settled law" again. Their reasoning can be every bit as contrived as it was in Citizens' United or the recent labor ruling wrt govt workers.
 

Hayabusa Rider

Admin Emeritus & Elite Member
Jan 26, 2000
50,879
4,266
126
The courts don’t make law. They can only rule on existing law. If the conservatives have the courts, that is just one of many checks and balances.

Throwing a fit doesn’t change that.

I suggest you look at the interstate commerce clause and how it has been used in ways that really don't apply to any real world notion of interstate commerce.

What people may be starting to realize is that the Constitution and its intent was vacated when political parties that were more concerned with the acquisition of power and self-protection came to be long ago. The SCOTUS hasn't been politicised as much as Congress and the Executive branch but it's coming.

Think about this. A longstanding principle has been that separation of powers serves as system of checks and balances. Well that's absurd. It is the *Republicans* Congress or the *Democrats* President and when both are controlled by one party then there is no tension just collaboration that effectively disenfranchises the losers. Think not? How's the Dem side doing legislatively?

The system is based on the denial of reality, a suspension of disbelief. It should change but it won't because then people have to see truth as demonstrated by fact. Someone said Truth is Beauty, but as often it's an ugly bastard.
 
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Bitek

Lifer
Aug 2, 2001
10,676
5,238
136
Kavanaugh is done. Avenetti is
I am hearing this often, so it must be the new talking point. Those appointments didn’t change the balance of the court. Kavanaugh arguably would, hence the need to smear him. The same could be said for Bork, which is how we ended up with Kennedy in the first place. This is all about power and control.

We need to eliminate life time appointments to the court and there needs to be a standard vetting process for all candidates.

"New talking point" or using common sense?

You think Dems just "let that one go" with Gorsuch?

So many Ds voted against him that McConnell was forced to end the filabuster.

If there was any rapey allegations in Gorsuch's past Ds would have gleefully torn him to shreds.

They didn't find any. I'm sure they looked hard for anything and came up with nothing significant. No one is "inventing" stuff or recruiting martyrs to perform public humiliation professional kamakaze by telling deliberate lies.

Not seating Garland started the war, but it's not total war...yet. Pulling Kav-bro and nominating Garland would, but we know that won't happen.

In the meantime, they could nominate someone to get a basic majority and not conflagrate themselves in the process.

Rs need to wake up from their delusions about this guy.
 
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sandorski

No Lifer
Oct 10, 1999
70,223
5,798
126
Accusations that the Republicans knew about multiple potential sexual misconduct scandals for some time and thus they wanted to rush him through are beginning to be heard.
 
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ecogen

Golden Member
Dec 24, 2016
1,217
1,288
136
"New talking point" or using common sense?

You think Dems just "let that one go" with Gorsuch?

So many Ds voted against him that McConnell was forced to end the filabuster.

If there was any rapey allegations in Gorsuch's past Ds would have gleefully torn him to shreds.

They didn't find any. I'm sure they looked hard for anything and came up with nothing significant. No one is "inventing" stuff or recruiting martyrs to perform public humiliation by telling deliberate lies.

Not seating Garland started the war, but it's not total war...yet. Pulling Kav-bro and nominating Garland would, but we know that won't happen. In the meantime Rs will be opposed

Rs need to wake up from their delusions about this guy.

Yeah, I tried to explain it to him. Didn't go very well.
 
Nov 8, 2012
20,828
4,777
146
And dodge away. Meanwhile, your fellow democratic socialists take a whole different POV- nationwide access to free abortion-

https://www.dsausa.org/news/dsaers_strike_down_barriers_to_reproductive_justice/

In light of recent things - I've been contemplating voting left this year - and likely in 2020.

But you know what turns me off the most? Everytime one of your stupid fucktard candidates says the word "free". Saying that alone is a damnation to your own voters hoping that they are too incompetent to understand that nothing is free in life.

There is no free healthcare, there is no free abortion, there is no free college. It doesn't exist - and more importantly - it CANNOT exist. Try treating your voters with a higher IQ than a pencil and you might have better luck in elections.
 

Bitek

Lifer
Aug 2, 2001
10,676
5,238
136
Wut is there to wut about? Are you oblivious to the fact that the purpose of the JUDICIAL branch is JUDGE the interpretation of the laws... and not make them? Or do you need to go back to 3rd grade history class?

Here you go again. Aggressively insulting the intellegence of others when you don't have the basic facts correct.

We had extensive debates back during Sotomayor's confirmation about "judicial activism" and her statement that courts make policy.
(For the record, she was never accused of rape, just being an activist. Ah, such simple times...)

So, for the lessons you suggest, perhaps try these:

https://www.brookings.edu/on-the-record/what-is-the-role-of-courts-in-making-social-policy/

"Making policy (and not just social policy) I think is inherent in the nature of the work that common law courts do, but how they do so, and how much they do so, varies with type of court (e.g., the general jurisdiction state trial level court versus most supreme courts) and the type of case (applying fairly settled principles of law—most cases—versus trying to apply a vaguely worded statute) and type of disposition (overseeing a settlement versus deciding one of the blockbuster cases that the US Supreme Court announced last week). We could spend many days sorting out these differences."

An actual class. More advanced than 3rd grade tho.

https://courses.lumenlearning.com/b...ce/chapter/judicial-review-and-policy-making/


KEY TAKEAWAYS
Key Points
  • Judicial review is an example of the separation of powers in a modern governmental system.
  • Common law precedent is a third kind of law, on equal footing with statutory law (statutes and codes enacted by legislative bodies), and regulatory law (regulations promulgated by executive branch agencies)
  • Common law judges are seen as sources of law, capable of creating new legal rules and rejecting legal rules that are no longer valid. In the civil law tradition, judges are seen as those who apply the law, with no power to create or destroy legal rules.
  • In the United States, judicial review is considered a key check on the powers of the other two branches of government by the judiciary.
 
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FIVR

Diamond Member
Jun 1, 2016
3,753
911
106
Bring him to a vote! Make Collins pay the price!


This nomination is perfect. You couldn't ask for the GOP to pick a worse nominee. Even if he gets put on the court, we can always impeach him later when he's indicted for all these counts of rape. It might actually be better for the democrats if they nominate him because we can replace him later with whomever we want after we take both houses.

"lifetime appointment" doesn't preclude prosecution.
 

Bitek

Lifer
Aug 2, 2001
10,676
5,238
136
Yeah, I tried to explain it to him. Didn't go very well.

That's what i get when a post stays in draft for hours... although I don't think the outcome would be any different.
 
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Zorba

Lifer
Oct 22, 1999
15,228
10,805
136
Bring him to a vote! Make Collins pay the price!


This nomination is perfect. You couldn't ask for the GOP to pick a worse nominee. Even if he gets put on the court, we can always impeach him later when he's indicted for all these counts of rape. It might actually be better for the democrats if they nominate him because we can replace him later with whomever we want after we take both houses.

"lifetime appointment" doesn't preclude prosecution.
I'm pretty sure the statue of limitations is up on everything that has come out so far.
 

K1052

Elite Member
Aug 21, 2003
47,977
37,121
136
Avenatti says his client will go public in the next 48 hours. So team Kavnaugh appears destined for another round of hideous press.

Got to wonder at what point the leadership, without the votes in it's pocket, decides to cut bait in the name of preserving the Senate majority.
 

DisarmedDespot

Senior member
Jun 2, 2016
591
592
136
Avenatti says his client will go public in the next 48 hours. So team Kavnaugh appears destined for another round of hideous press.

Got to wonder at what point the leadership, without the votes in it's pocket, decides to cut bait in the name of preserving the Senate majority.
They've been promising the supreme court to their base the entire time. It's their fallback whenever the impulsive idiot president acts like an impulsive idiot. I honestly think they'll try to slam him through unless it becomes literally impossible. They've promised it to their base too often to stop now, and the nomination failing will look like a bitter betrayal to their base.

TBH I don't trust Avenatti. If he overhypes his client's claims, it might do more harm than good.
 
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senseamp

Lifer
Feb 5, 2006
35,787
6,197
126
So is GOP now going to put an accused rapist on the Supreme Court? Not a good look for them.
 

Maxima1

Diamond Member
Jan 15, 2013
3,538
759
146
TBH I don't trust Avenatti. If he overhypes his client's claims, it might do more harm than good.

Avenatti has delivered each time on Cohen/Stormy Daniels. He's also saying he wants to run in 2020. I think it's highly likely to be something credible.
 

K1052

Elite Member
Aug 21, 2003
47,977
37,121
136
They've been promising the supreme court to their base the entire time. It's their fallback whenever the impulsive idiot president acts like an impulsive idiot. I honestly think they'll try to slam him through unless it becomes literally impossible. They've promised it to their base too often to stop now, and the nomination failing will look like a bitter betrayal to their base.

TBH I don't trust Avenatti. If he overhypes his client's claims, it might do more harm than good.

Yes, that's why they haven't abandoned it when in any other time they probably would have already since the grassroots social conservatives are salivating. That said McConnell is in the business of staying in business (keeping a majority). At some point the electoral damage will be thought to threaten their majority and that's when a decision has to be made.

It's fine to view Avenatti with skepticism and wariness. Time will tell but I don't see this helping Republicans from a PR standpoint.
 

Indus

Lifer
May 11, 2002
11,670
8,122
136
The GOP are reportedly ready to move forward with their backup nomination: Jared Fogle from Subway!!
 
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brycejones

Lifer
Oct 18, 2005
27,560
26,647
136
In light of recent things - I've been contemplating voting left this year - and likely in 2020.

But you know what turns me off the most? Everytime one of your stupid fucktard candidates says the word "free". Saying that alone is a damnation to your own voters hoping that they are too incompetent to understand that nothing is free in life.

There is no free healthcare, there is no free abortion, there is no free college. It doesn't exist - and more importantly - it CANNOT exist. Try treating your voters with a higher IQ than a pencil and you might have better luck in elections.

Oh buddy, the GOP doesn't even give their voters that level of respect.

You are a useful idiot as far as they are concerned.
 

K1052

Elite Member
Aug 21, 2003
47,977
37,121
136
Well McConnell went on the floor and (between complaining about the inconvenience of the allegations) committed to a confirmation vote "very soon". Emphatic that Kavanaugh will receive a vote one way or the other. I don't think he has the votes yet but is throwing down anyway. It could be theatre for the base or for real, we'll see.
 
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