Justice Ruth Bader Ginsburg Has Died

bubblesort

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And it seems perfectly reasonable for the Democrats to raise with her the question of how this vow might conflict with her judicial oath (which I can see how, on one construction, it could, but I'd need to explore whether that construction is the right one) and, if it does, how she has resolved in the past or how she would deal with it in the future.

But it certainly doesn't seem to me necessarily inconsistent with her judicial duties and I expect she would say that, if she found herself in circumstances where it did, she would, of course, recuse herself from hearing the case, as judges regularly do when they think it's necessary or appropriate.


The Democrats get to ask questions, though, don't they? I'm sure I remember Kamala Harris making Kavanagh cry (such a nasty woman). Presumably, if there is some evidence she's not in the past been impartial, that would be their opportunity to introduce it and question her about it.
I think this might be a good question for a legislative lawyer, but I believe that technically, McConnell doesn't have to allow any debate on the nomination, at all. He probably will, but I'm not sure that he has to. I think he can cut off debate any time he likes.
 

Katheryne Helendale

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The Democrats get to ask questions, though, don't they? I'm sure I remember Kamala Harris making Kavanagh cry (such a nasty woman). Presumably, if there is some evidence she's not in the past been impartial, that would be their opportunity to introduce it and question her about it.
Well, yes, they can, and they did. And, yeah, Kamala made Kavanaugh her bitch. But none of that will sway a Republican majority who have already made up their mind that they will confirm whoever Trump puts in front of them. I mean, hell, the nominee can come right out and say that she rips the heads off of young children and drinks their blood, and the Republicans wouldn't care, as long as she checks off the evangelicals' checklist - mainly that she's anti-abortion.
 

Monica Dream

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As I have been maintaining most of the ways we get through the next few months lead to physical violence. I have already mentally written this year's elections off as the start of a new civil war. It does not really matter who wins because the country will have to go though it. There is a chance (albeit small) it gets delayed but it will just be worse when it arrives.
In some ways, you could say the coming civil war started with what happened in Charlottesville -as far as I can see, that's when the far-right terrorists first drew blood. (there's been a whole generation between the 90's militia movement and today's alt-right; so I'm not counting what happened then).
 

Innula Zenovka

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Well, yes, they can, and they did. And, yeah, Kamala made Kavanaugh her bitch. But none of that will sway a Republican majority who have already made up their mind that they will confirm whoever Trump puts in front of them. I mean, hell, the nominee can come right out and say that she rips the heads off of young children and drinks their blood, and the Republicans wouldn't care, as long as she checks off the evangelicals' checklist - mainly that she's anti-abortion.
Sure, but I think we're at cross purposes here.

I was responding to the suggestion that her membership of a particular religious group was incompatible with being a Supreme Court judge, or being a judge at all, because the oath she swore on joining the group is incompatible with her oath of judicial impartiality, her First Amendment rights notwithstanding.

While it's possible to interpret the wording of the promises she made when joining the group as conflicting with her judicial oath, it's certainly not the only interpretation (I wouldn't have read it that way), and it's a pretty serious allegation to make about a sitting judge that she allows her membership of a particular religious group to override her duty to apply the law faithfully and impartially -- it's as serious as suggesting she takes bribes, and it needs to be supported with evidence.

All I was saying is that, to my mind, while it's legitimate to question her about any potential conflict between her religious faith and her duties as a judge, and the circumstances in which she would think it appropriate to recuse herself from hearing particular cases because of her religious beliefs, the simple fact of her religious affiliation shouldn't, on its own, disqualify her from judicial office.

Certainly, the Republican senators may be determined to endorse her anyway, whatever she says about keeping her religious views out of her judicial decisions, or not, but that's a separate issue.
 

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Jolene Benoir

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Hehe, keep humiliating the ones who suck up to you (except for that one time, which is all it takes for Trump's wrath!).

This is a sign that he thinks himself omnipotent, probably because he was able to avoid impeachment, ironically by one of the women he is excoriating.
 
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Cristalle

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There's a bit of American Exceptionalism at play, as well, imo. People believe that THEY would never fall for propaganda. No, that was for the USSR and other totalitarian societies. THEY are so much more intelligent and democracy wise that it could never happen to them.
Our own spooks have, in the past, admitted that they have put out misinformation to the public. How else do you think that we could be lied into a war? Or the fact that we are constantly being propagandized to continue the Afghan war, after 19 fruitless years. And it comes from the so-called "legitimate" outlets.

 
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Jolene Benoir

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Our own spooks have, in the past, admitted that they have put out misinformation to the public. How else do you think that we could be lied into a war? Or the fact that we are constantly being propagandized to continue the Afghan war, after 19 fruitless years. And it comes from the so-called "legitimate" outlets.

Okay, yes, I can't really deny that we were led into war based upon lies.

Edit: I never supported either war, right from the get-go. I was one of those people protesting it. We were a lonely lot. We were a small group in the face of overwhelming support for the war. It was rough. People screaming and spitting on us, etc...
 
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Pamela

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If the Dems can add justices then the R’s can and WILL. Anything they can do to expand power they will do. they won’t wait to see if we go first.
 
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bubblesort

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That's weird. Last I heard, they took down her statue and replaced it with footprints or something. Is she back up, or in a museum or something? I'm not sure I like the idea of displaying her without the bull. IMHO, she seems to lose her message without the bull.
 
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Innula Zenovka

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That's weird. Last I heard, they took down her statue and replaced it with footprints or something. Is she back up, or in a museum or something? I'm not sure I like the idea of displaying her without the bull. IMHO, she seems to lose her message without the bull.

She was moved in 2018, it seems.
 
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