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Ruth Bader Ginsburg passes away aged 87

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edwin_m

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I thought Roberts had a vote full stop rather than only in the event of a tie?
You may be right - that's perhaps why they have to have an odd number of judges. If that's so all Roberts can do is change a conservative majority into a tie, which would only cause the liberal side to win if the lower court had sided with them (the lower court verdict stands if the Supreme Court is tied).
 
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hexagon789

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You may be right - that's perhaps why they have to have an odd number of judges. If that's so all Roberts can do is change a conservative majority into a tie, which would only cause the liberal side to win if the lower court had sided with them (the lower court verdict stands if the Supreme Court is tied).

Ah, yes I see what you mean

Never mind then, my point is rendered rather moot! :lol:
 

hexagon789

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Don’t know if it is worth a separate ACB thread but she has been asked some ridiculous questions but she has remained calm.

The questions get more ridiculous everytime. Confirmation remains to be seen, it isn't certain.

Sufficient Republicans may decide that it is too soon to appoint RBG's replacement - who knows?
 

najaB

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Don’t know if it is worth a separate ACB thread but she has been asked some ridiculous questions but she has remained calm.
The whole fact that confirmation hearings are happening while the election is in progress is ridiculous. Nine months before the election was too soon, but while people are in line to vote is fine.
 

hexagon789

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The whole fact that confirmation hearings are happening while the election is in progress is ridiculous. Nine months before the election was too soon, but while people are in line to vote is fine.

Exactly, and rather hypocritical of the Republicans when they kicked up such a stink when Obama wanted to appoint Scalia's successor in his last months in office.
 

hexagon789

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Sadly not at all surprising though!

Indeed, I mean they also got rid of the 60 vote margin on cloture to end filibusters on SCOTUS appointments which means a simple majority vote will always confirm an appointee and any attempts to fillings terms can be easily closed down.
 

GRALISTAIR

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But in farnesss, it was senate Democrats in November 2013 who ended the the vote rule on judicial nominations and executive branch appointments so it goes both ways really.
 

hexagon789

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But in farnesss, it was senate Democrats in November 2013 who ended the the vote rule on judicial nominations and executive branch appointments so it goes both ways really.

Though afaik it remained purely for SCOTUS appointments afterwards until the Republicans removed it, but it was the Democrats who reduced the threshold way back in the 1970s from 67 to 60 Senators anyway so it really is swings and roundabouts!
 

Scotrail12

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Beginning to get really nervous on this one now - RBG was key for human rights in the USA.

ACB goes against basically everything I believe in, people who want the world to be run a certain way and for everyone to live a certain way just because they believe in some book disgusts me. The idea that we could be losing rights like abortion & gay marriage in 2020 is abhorrent and I really hope we don't ever see the same in the UK.
 

najaB

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The idea that we could be losing rights like abortion & gay marriage in 2020 is abhorrent and I really hope we don't ever see the same in the UK.
Why do you think some people are so eager to be free from the oppressive thumb of the ECHR? (I'm waiting for it to dawn on them that Brexit won't have any effect...)
 

Scotrail12

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Why do you think some people are so eager to be free from the oppressive thumb of the ECHR? (I'm waiting for it to dawn on them that Brexit won't have any effect...)

Didn't think about that. Yikes...

It's beginning to dawn on me that there really is no future for me in the UK, that kinda seals it.
 

najaB

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It's beginning to dawn on me that there really is no future for me in the UK, that kinda seals it.
Don't be too downhearted. We're leaving the EU, not the EC so the ECHR still has jurisdiction; and if (as your username suggests) you are also north of the border, there's about even money on us being back in the EU within 10 years (with or without the sassenach).

Edit: I meant, of course, that we're not leaving the Council of Europe, not the EC.
 
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hexagon789

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Beginning to get really nervous on this one now - RBG was key for human rights in the USA.

ACB goes against basically everything I believe in, people who want the world to be run a certain way and for everyone to live a certain way just because they believe in some book disgusts me. The idea that we could be losing rights like abortion & gay marriage in 2020 is abhorrent and I really hope we don't ever see the same in the UK.

Assuming polling is approximately correct for a second, there is a solution - court packing.

The Constitution does not prescribe a maximum number of SCOTUS justices so if the Dems win control of the Presidency and both houses they could increase the number of justices with liberal apointees.

FDR very nearly managed it in the 1930s.
 

najaB

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The Constitution does not prescribe a maximum number of SCOTUS justices so if the Dems win control of the Presidency and both houses they could increase the number of justices with liberal apointees.
Step one will be to try and legislate a maximum, naturally.
 

Scotrail12

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Don't be too downhearted. We're leaving the EU, not the EC so the ECHR still has jurisdiction; and if (as your username suggests) you are also north of the border, there's about even money on us being back in the EU within 10 years (with or without the sassenach).

True. Scotland at least is fairly liberal as of the last 10 years anyway so I doubt things like what is going on in America would wash up here.
 

najaB

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Well, unless the next step is ripping up he very document the "textualists" supposedly set so much store in...
They need to try it so that the argument is "We're trying to make things right and undo the excesses of the last few years so as to reduce the likelihood of the court becoming unbalanced again, without just increasing the size of the court again and again." If the GOP argue against it then they're basically saying "We plan to abuse the process again."
 

najaB

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Feinstein shook hands with Graham at the end of the hearing so at least there is a chance of bipartisanship
One can hope. We'll have to see if they proceed with the vote or hold off until after the election is done and dusted.
 

hexagon789

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They need to try it so that the argument is "We're trying to make things right and undo the excesses of the last few years so as to reduce the likelihood of the court becoming unbalanced again, without just increasing the size of the court again and again." If the GOP argue against it then they're basically saying "We plan to abuse the process again."

By unbalancing the court with 6 nominally Conservative justices to 3 Liberal ones?
 

najaB

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To distract from the real ones that involve the Trump family? That Hunter Biden scandal?
The whole thing seems a bit suspect - Hunter took his laptop full of incriminating emails to a repair shop a year ago and forgot it there? And Rudy somehow ended up with the laptop.
 

birchesgreen

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Is that the laptop which had been in the repair shop for many months but which had a hard drive a month old?
 
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