SCOTUS

[Typical Lax Dad]

Article on the Court:

https://www.nytimes.com/2022/04/14/opin ... ckson.html

"The increasingly bitter partisan battles over Supreme Court nominations reflect the degree of influence that a single court of nine unelected judges exercises over life in America. As Ketanji Brown Jackson’s confirmation hearing underscored, the role partisan politics plays on the court is an issue that is not going away.

Supreme Court justices and most other judges insist that politics do not enter into their work. But there is a straightforward metric available that reveals what appears to be a calculated political motivation in judicial decision-making: the timing of judges’ retirements. And increasingly, federal judges have been calibrating their retirements so that their successors will be nominated by a president of the same party who nominated them. Given the lifetime tenure of federal judges, this pattern has long-term ramifications for the courts.

When asked, many judges say politics is not a reference point for them. Amy Coney Barrett, who took her seat on the Supreme Court in the fall of 2020 following the death of Justice Ruth Bader Ginsburg, told students at the University of Louisville last fall that political partisanship does not play a role in decision-making on the court. “Judicial philosophies are not the same as political parties,” she said.

Justice Steven Breyer, 83, who was nominated to the court by President Bill Clinton, and whose impending retirement under another Democrat, President Biden, paved the way for Judge Jackson’s nomination, also argued in a book last year that any differences among the justices were jurisprudential, not political. But that didn’t stop liberal Democrats from urging him to retire.

Likewise, in the aftermath of Justice Ginsburg’s death, many Democrats were sharply critical of her decision not to retire before Donald Trump was elected president. That would most likely have avoided the appointment of a conservative like Justice Barrett. Like Justice Breyer, Justice Ginsburg was also nominated by Mr. Clinton.

The idea that the justices are above politics is, of course, crucial to maintaining the veneer of impartiality that is the foundation of the court’s legitimacy. That gloss appears increasingly tarnished. A recent survey by the Pew Research Center, completed before Justice Breyer announced his retirement, found that over the past three years, the share of Americans with a favorable view of the court has declined 15 percentage points, reflecting broad skepticism of the idea that the justices are not influenced by politics.

Numerous studies have found, perhaps unsurprisingly, that decisions by judges vary according to their gender, race, ethnicity and, notably, their party affiliation. One study published in 2006, for instance, analyzed thousands of judicial decisions and “found striking evidence of a relationship between the political party of the appointing president and judicial voting patterns.”

Still, one might still say that judges are doing their best to be impartial and politically independent, and that these biases are simply reflective of unconscious dynamics, differences in philosophy or moral principle.

But retirement or resignation is typically a very carefully considered decision; it also carries substantial political consequences by conferring on the president the opportunity to select the replacement.

A past survey of active and retired federal judges asked them to report the degree of importance they attached to the party of the president in power when deciding when to retire. Nearly all judges reported that they did not consider this as a factor in the timing of their retirement. A study published in 2006 concluded that judicial retirement patterns had to do with pension eligibility and that “By comparison, political and institutional factors appear to have little influence on turnover rates.”

In our study, a working paper on the role politics might play in retirements and resignations, we considered not just whether judges retired the year before or after an election, as other researchers had done, but also whether they retired in the first quarter before or after an election.

Using data from 1802 to 2019, we examined whether judges’ resignations and retirements corresponded with electoral cycles. Between 1802 and 1975, we found that relative to the regular distribution of departures from the bench over time, an additional 6 percent of all judicial exits coincided with electoral cycles and appear to have been politically motivated. In other words, the political affiliations of the exiting judges, measured by the party of the president who appointed them, were the same as the sitting president’s.

We saw a significant uptick in what appear to be politically motivated retirements since the 1970s — a historical inflection point coincident with Roe v. Wade and the ascent of right-wing evangelical politics — that has continued to intensify. Of 273 federal judicial retirements between 1976 and 2019, 14.7 percent, representing 40 lifelong appointments, deviated from the regular pattern of retirements in a way that ensured that the retiring judge’s replacement would be nominated by a president who shared the judge’s party affiliation. Such retirements are seen across both political parties, with Republican-affiliated judges slightly more likely to indulge in this partisan behavior.

Politically motivated departures from the bench are both a symptom and a cause of the increasing polarization of the courts, and there is no reason to believe this feedback loop can be changed without some mechanism to force it. Term limits for Supreme Court justices and federal judges, widely used around the world, would help counter the evaporating legitimacy of the courts. So too would staggering retirements randomly rather than leaving them up to judicial discretion. And proposals to increase the number of justices on the Supreme Court as a corrective to its politically engineered rightward drift should not be dismissed as radical.

It is vital that lawmakers and judges acknowledge that instituting substantial changes to the Supreme Court and the broader judiciary is not a threat to the integrity of American law. It is instead an essential step toward counteracting its accelerating demise and protecting the ideal of democracy it claims to support."

+1 Mr Coaster. Very good article, I enjoyed reading it. I have one question, what do those " substantial changes" to the court look like? Who would be in charge of making those changes?

Al Sharpton

I was going to go with Bobby Seale

Rap Brown

[jhu72]

... not many people in this day and age recall Rap Brown.

[Farfromgeneva]

He was shut down before I got to Atlanta

[jhu72]

He was shut down before I got to Atlanta

... an interesting character

[Typical Lax Dad]

He was shut down before I got to Atlanta

... an interesting character

When I was a kid, we were terrified of Rap Brown.

[jhu72]

He was shut down before I got to Atlanta

... an interesting character

When I was a kid, we were terrified of Rap Brown.

Why?

[Typical Lax Dad]

He was shut down before I got to Atlanta

... an interesting character

When I was a kid, we were terrified of Rap Brown.

Why?

I believe he was arrested in my hometown back in the late 1960’s. For years and years the rumor persisted that he and his gang were going to show up on the school grounds on the last day of school… kids would run home. I don’t know how they would be at every school but every kid at every school in the city had the same fear!

[jhu72]

He was shut down before I got to Atlanta

... an interesting character

When I was a kid, we were terrified of Rap Brown.

Why?

I believe he was arrested in my hometown back in the late 1960’s. For years and years the rumor persisted that he and his gang were going to show up on the school grounds on the last day of school… kids would run home. I don’t know how they would be at every school but every kid at every school in the city had the same fear!

Sounds like a lot of J. Edgar Hoovers propaganda (FBI) was effective. Brown was one of his targets. Brown was no choir boy, but he was railroaded more than once by the authorities. I think he has been in jail in Georgia for the last 20 years or so for the murder of a COP that was involved in one of the railroadings IIRC. If he is still alive he has to be in his 80s.

[Typical Lax Dad]

He was shut down before I got to Atlanta

... an interesting character

When I was a kid, we were terrified of Rap Brown.

Why?

I believe he was arrested in my hometown back in the late 1960’s. For years and years the rumor persisted that he and his gang were going to show up on the school grounds on the last day of school… kids would run home. I don’t know how they would be at every school but every kid at every school in the city had the same fear!

Sounds like a lot of J. Edgar Hoovers propaganda (FBI) was effective. Brown was one of his targets. Brown was no choir boy, but he was railroaded more than once by the authorities. I think he has been in jail in Georgia for the last 20 years or so for the murder of a COP that was involved in one of the railroadings IIRC. If he is still alive he has to be in his 80s.

Yep. I learned that as I got into high school.

https://www.thenation.com/article/archi ... fbi/tnamp/

[cradleandshoot]

https://www.msn.com/en-us/news/crime/ir ... e700a17dec

Huge props to this 9 to NOTHING decision by the SCOTUS. Anytime the IRS gets bent over and f***ed in the ass an angel in heaven smiles.

[dislaxxic]

The Best Question During Today’s School Prayer Arguments Came From … Brett Kavanaugh?

The Supreme Court took another step toward returning prayer to public school during Monday’s oral arguments in Kennedy v. Bremerton School District. That case is built on a series of brazen lies designed to depict the plaintiff, Coach Joe Kennedy, as a victim of anti-Christian discrimination—and to erase the students whom he coerced into prayer. A majority of the court will likely buy into this fiction and elevate school officials’ ability to proselytize over students’ right against state-sponsored indoctrination. But one surprisingly piercing series of questions from Justice Brett Kavanaugh cut through many layers of deception to reach the heart of the case: the profound yet often subtle pressure on students to participate in school prayer, even when doing so violates their own faith.

Kavanaugh frequently asks questions that suggest a genuine, open-minded interest in the other side’s arguments, only to revert back to hard-line conservatism when the decision comes down. So his performance on Monday may just be part of his broader public relations campaign to craft the image of a reasonable moderate. But it is still worth thinking seriously about his stated disquietude, because no justice expressed the actual stakes of the case more bluntly.

..

[jhu72]

Was wondering how long it would take the slow coach occupants to figure out this was a challenge to their authority.

[jhu72]

The Best Question During Today’s School Prayer Arguments Came From … Brett Kavanaugh?

The Supreme Court took another step toward returning prayer to public school during Monday’s oral arguments in Kennedy v. Bremerton School District. That case is built on a series of brazen lies designed to depict the plaintiff, Coach Joe Kennedy, as a victim of anti-Christian discrimination—and to erase the students whom he coerced into prayer. A majority of the court will likely buy into this fiction and elevate school officials’ ability to proselytize over students’ right against state-sponsored indoctrination. But one surprisingly piercing series of questions from Justice Brett Kavanaugh cut through many layers of deception to reach the heart of the case: the profound yet often subtle pressure on students to participate in school prayer, even when doing so violates their own faith.

Kavanaugh frequently asks questions that suggest a genuine, open-minded interest in the other side’s arguments, only to revert back to hard-line conservatism when the decision comes down. So his performance on Monday may just be part of his broader public relations campaign to craft the image of a reasonable moderate. But it is still worth thinking seriously about his stated disquietude, because no justice expressed the actual stakes of the case more bluntly.

..

... buy lots and lots of guns and ammunition and learn how to use them effectively!

[cradleandshoot]

The Best Question During Today’s School Prayer Arguments Came From … Brett Kavanaugh?

The Supreme Court took another step toward returning prayer to public school during Monday’s oral arguments in Kennedy v. Bremerton School District. That case is built on a series of brazen lies designed to depict the plaintiff, Coach Joe Kennedy, as a victim of anti-Christian discrimination—and to erase the students whom he coerced into prayer. A majority of the court will likely buy into this fiction and elevate school officials’ ability to proselytize over students’ right against state-sponsored indoctrination. But one surprisingly piercing series of questions from Justice Brett Kavanaugh cut through many layers of deception to reach the heart of the case: the profound yet often subtle pressure on students to participate in school prayer, even when doing so violates their own faith.

Kavanaugh frequently asks questions that suggest a genuine, open-minded interest in the other side’s arguments, only to revert back to hard-line conservatism when the decision comes down. So his performance on Monday may just be part of his broader public relations campaign to craft the image of a reasonable moderate. But it is still worth thinking seriously about his stated disquietude, because no justice expressed the actual stakes of the case more bluntly.

..

... buy lots and lots of guns and ammunition and learn how to use them effectively!

Like the USA today is not effed up enough to throw in a bunch of brained damaged FLP liberals running around with loaded weapons. Those claymore mines we used in my army days had a warning specifically designed for the doc 72s of this world... This side toward the enemy...

[jhu72]

The Best Question During Today’s School Prayer Arguments Came From … Brett Kavanaugh?

The Supreme Court took another step toward returning prayer to public school during Monday’s oral arguments in Kennedy v. Bremerton School District. That case is built on a series of brazen lies designed to depict the plaintiff, Coach Joe Kennedy, as a victim of anti-Christian discrimination—and to erase the students whom he coerced into prayer. A majority of the court will likely buy into this fiction and elevate school officials’ ability to proselytize over students’ right against state-sponsored indoctrination. But one surprisingly piercing series of questions from Justice Brett Kavanaugh cut through many layers of deception to reach the heart of the case: the profound yet often subtle pressure on students to participate in school prayer, even when doing so violates their own faith.

Kavanaugh frequently asks questions that suggest a genuine, open-minded interest in the other side’s arguments, only to revert back to hard-line conservatism when the decision comes down. So his performance on Monday may just be part of his broader public relations campaign to craft the image of a reasonable moderate. But it is still worth thinking seriously about his stated disquietude, because no justice expressed the actual stakes of the case more bluntly.

..

... buy lots and lots of guns and ammunition and learn how to use them effectively!

Like the USA today is not effed up enough to throw in a bunch of brained damaged FLP liberals running around with loaded weapons. Those claymore mines we used in my army days had a warning specifically designed for the doc 72s of this world... This side toward the enemy...

... well there you have it, if C&S can use a gun or a claymore, clearly anyone can.

[cradleandshoot]

The Best Question During Today’s School Prayer Arguments Came From … Brett Kavanaugh?

The Supreme Court took another step toward returning prayer to public school during Monday’s oral arguments in Kennedy v. Bremerton School District. That case is built on a series of brazen lies designed to depict the plaintiff, Coach Joe Kennedy, as a victim of anti-Christian discrimination—and to erase the students whom he coerced into prayer. A majority of the court will likely buy into this fiction and elevate school officials’ ability to proselytize over students’ right against state-sponsored indoctrination. But one surprisingly piercing series of questions from Justice Brett Kavanaugh cut through many layers of deception to reach the heart of the case: the profound yet often subtle pressure on students to participate in school prayer, even when doing so violates their own faith.

Kavanaugh frequently asks questions that suggest a genuine, open-minded interest in the other side’s arguments, only to revert back to hard-line conservatism when the decision comes down. So his performance on Monday may just be part of his broader public relations campaign to craft the image of a reasonable moderate. But it is still worth thinking seriously about his stated disquietude, because no justice expressed the actual stakes of the case more bluntly.

..

... buy lots and lots of guns and ammunition and learn how to use them effectively!

Like the USA today is not effed up enough to throw in a bunch of brained damaged FLP liberals running around with loaded weapons. Those claymore mines we used in my army days had a warning specifically designed for the doc 72s of this world... This side toward the enemy...

... well there you have it, if C&S can use a gun or a claymore, clearly anyone can.

https://en.wikipedia.org/wiki/M18_Claym ... e_mine.jpg

here is the version designed for PhD level soldiers... Like a wet dream doc... you would still eff it up... That term FRONT TOWARDS THE ENEMY would cause you untold confusion. FTR record Dr Dumbass, when your in the army it ain't called a gun, it is called a rifle... FTR I qualified expert with the M16 rifle. Did you???

[jhu72]

The Best Question During Today’s School Prayer Arguments Came From … Brett Kavanaugh?

The Supreme Court took another step toward returning prayer to public school during Monday’s oral arguments in Kennedy v. Bremerton School District. That case is built on a series of brazen lies designed to depict the plaintiff, Coach Joe Kennedy, as a victim of anti-Christian discrimination—and to erase the students whom he coerced into prayer. A majority of the court will likely buy into this fiction and elevate school officials’ ability to proselytize over students’ right against state-sponsored indoctrination. But one surprisingly piercing series of questions from Justice Brett Kavanaugh cut through many layers of deception to reach the heart of the case: the profound yet often subtle pressure on students to participate in school prayer, even when doing so violates their own faith.

Kavanaugh frequently asks questions that suggest a genuine, open-minded interest in the other side’s arguments, only to revert back to hard-line conservatism when the decision comes down. So his performance on Monday may just be part of his broader public relations campaign to craft the image of a reasonable moderate. But it is still worth thinking seriously about his stated disquietude, because no justice expressed the actual stakes of the case more bluntly.

..

... buy lots and lots of guns and ammunition and learn how to use them effectively!

Like the USA today is not effed up enough to throw in a bunch of brained damaged FLP liberals running around with loaded weapons. Those claymore mines we used in my army days had a warning specifically designed for the doc 72s of this world... This side toward the enemy...

... well there you have it, if C&S can use a gun or a claymore, clearly anyone can.

https://en.wikipedia.org/wiki/M18_Claym ... e_mine.jpg

here is the version designed for PhD level soldiers... Like a wet dream doc... you would still eff it up... That term FRONT TOWARDS THE ENEMY would cause you untold confusion. FTR record Dr Dumbass, when your in the army it ain't called a gun, it is called a rifle... FTR I qualified expert with the M16 rifle. Did you???

... if a loser like you can do it, anyone can. I am sure you got your boy scout merit badge as well in pulling up your zipper after taking a p*ss.

[Seacoaster(1)]

Can we actually discuss something?

SCOTUS thread:

HS Football is a municipal employee, and therefore for our purposes an officer of the "state." At the end of every game, he insists that he gets to carry out, at the 50 year line and in the middle of the field, a 15 second prayer. School district asks him to stop because the public display of prayer by a public employee, in a position from which his actions might be gently but actually coercive, shouldn't be promoting or "establishing" religion. He says, no, these are my free exercise rights. Who should win? Why?

[cradleandshoot]

The Best Question During Today’s School Prayer Arguments Came From … Brett Kavanaugh?

The Supreme Court took another step toward returning prayer to public school during Monday’s oral arguments in Kennedy v. Bremerton School District. That case is built on a series of brazen lies designed to depict the plaintiff, Coach Joe Kennedy, as a victim of anti-Christian discrimination—and to erase the students whom he coerced into prayer. A majority of the court will likely buy into this fiction and elevate school officials’ ability to proselytize over students’ right against state-sponsored indoctrination. But one surprisingly piercing series of questions from Justice Brett Kavanaugh cut through many layers of deception to reach the heart of the case: the profound yet often subtle pressure on students to participate in school prayer, even when doing so violates their own faith.

Kavanaugh frequently asks questions that suggest a genuine, open-minded interest in the other side’s arguments, only to revert back to hard-line conservatism when the decision comes down. So his performance on Monday may just be part of his broader public relations campaign to craft the image of a reasonable moderate. But it is still worth thinking seriously about his stated disquietude, because no justice expressed the actual stakes of the case more bluntly.

..

... buy lots and lots of guns and ammunition and learn how to use them effectively!

Like the USA today is not effed up enough to throw in a bunch of brained damaged FLP liberals running around with loaded weapons. Those claymore mines we used in my army days had a warning specifically designed for the doc 72s of this world... This side toward the enemy...

... well there you have it, if C&S can use a gun or a claymore, clearly anyone can.

https://en.wikipedia.org/wiki/M18_Claym ... e_mine.jpg

here is the version designed for PhD level soldiers... Like a wet dream doc... you would still eff it up... That term FRONT TOWARDS THE ENEMY would cause you untold confusion. FTR record Dr Dumbass, when your in the army it ain't called a gun, it is called a rifle... FTR I qualified expert with the M16 rifle. Did you???

... if a loser like you can do it, anyone can. I am sure you got your boy scout merit badge as well in pulling up your zipper after taking a p*ss.

Damn strait doc. i whipped it back in zero point 1 seconds and didn't get a pubie snatched in my zipper. To be honest, us old soldiers became use to having no rest stops.. we just peed down our pant leg. That is why we all went commando... The downside is you need to change your socks ASAP. That should ruin your breakfast bagel...

[jhu72]

Can we actually discuss something?

SCOTUS thread:

HS Football is a municipal employee, and therefore for our purposes an officer of the "state." At the end of every game, he insists that he gets to carry out, at the 50 year line and in the middle of the field, a 15 second prayer. School district asks him to stop because the public display of prayer by a public employee, in a position from which his actions might be gently but actually coercive, shouldn't be promoting or "establishing" religion. He says, no, these are my free exercise rights. Who should win? Why?

... think it is pretty clear prior to this court.