President Bush and the Supreme Court

Discussion in 'Politics & Current Events' started by argentine soccer fan, Nov 10, 2004.

  1. argentine soccer fan

    Staff Member

    Jan 18, 2001
    San Francisco Bay Area
    Club:
    CA Boca Juniors
    Nat'l Team:
    Argentina
    President Bush is likely to get the opportunity to shape the Supreme Court. How he goes about it will say a lot about him and his legacy and about the future of our nation. So, I am sure that the wise here in BigSoccer have their opinions about how he should go about it.

    First of all, Chief Justice William Rehnquist is likely to retire due to health problems. This creates an opportunity for the president not just to appoint a new Justice, but also to appoint a new Chief Justice. Any suggestions?

    An obvious choice for Chief Justice will be Clarence Thomas. The president has proven eager to go with minorities who share his philosophy. But Thomas may be considered too conservative by much of the electorate. My choice for Chief Justice would be Sandra Day O'Connor. Not only it would be historic because she is (obviously) a woman, but she is a moderate and a bridge builder in the court. Liberals may remember that she was the swing vote needed in Bush vs Gore, but she has often voted on the other side as well, on issues which many democrats consider important. It would be a way for the president to reach out to the other side.

    Of course, some conservatives who helped the President win the election may not like the choice, but I think it is important at this point to begin healing the wounds, and besides, she is not exactly a bleeding heart liberal, either.

    So, there you have it. Any thoughts?
     
  2. br13

    br13 New Member

    Jun 12, 2003
    Houston, TX
    I think that O'Connor would be a good CJ - and I would not be disappointed in that choice at all (especially given the other rumors of Scalia and Thomas [shudder]).

    But I don't think she will get the call. First, I believe historically, the CJ has fairly rarely been promoted from within the court. Secondly, there have been rumors of her being close to retirement as well. I would assume that Bush wants to choose someone who will be able to shape the Court for a generation similar to Rehnquist.

    If it's from within, I think the Admin would go with Thomas, but I find that highly unlikely...he is not exactly the the most...respected justice in the Court's history. My gut feeling is Bush will try to find a youngish, farily respected, rather conservative justice - probably much in the Rehnquist mold.
     
  3. BenReilly

    BenReilly New Member

    Apr 8, 2002
    Not every fvcking thing is about ideology. Clarence Thomas is criminally incompetent.
     
  4. Chicago1871

    Chicago1871 Member

    Apr 21, 2001
    Chicago
    Nat'l Team:
    United States
    Re: the Supreme Court (in general). It scares the hell out of me to think that a sitting president could nominate three, maybe four justices. Regardless of whether that person is a Democrat or a Republican. It scares me even more that a religious righty like Bush who has a history of nominating judges who match his views is the guy who is going to have that chance. In the end I am praying he has the good sense to nominate justices who don't sway significantly to either side. I want to see the lack of prejudice that the law is supposed to have, no see it influenced by the beliefs of a certain sector of society...I'm not holding my breath.
     
  5. IntheNet

    IntheNet New Member

    Nov 5, 2002
    Northern Virginia
    Club:
    Blackburn Rovers FC
    Nat'l Team:
    United States
    Any proof or is this just new liberal matra?

    => I support Justice Thomas for Chief Justice
    and three new justices of conservative opinion!
     
  6. Chicago1871

    Chicago1871 Member

    Apr 21, 2001
    Chicago
    Nat'l Team:
    United States
    Why? Do you actually think that it's a good thing to have a Supreme Court justice that leans significantly to one side?
     
  7. nicephoras

    nicephoras A very stable genius

    Fucklechester Rangers
    Jul 22, 2001
    Eastern Seaboard of Yo! Semite
    O'Connor's too old; she's not going to be appointed. Thomas isn't all that well respected, and is in Scalia's pocket too much to make a good Chief Justice. I suppose Bush might try to push through Scalia, but I think even his colleagues might not want that. The Chief Justice is an administrator; a polarizer's not likely to do a good job. Scalia doesn't build consensus well, and he's at his best in dissent, anyway.
    Its more than likely that hte appointment will come from without, as is usual for appointing a Chief Justice. Rehnquist's appointment from within was very rare.

    Lets hope Stevens stays alive as long as possible, or Bush finds his own Warren.
     
  8. IntheNet

    IntheNet New Member

    Nov 5, 2002
    Northern Virginia
    Club:
    Blackburn Rovers FC
    Nat'l Team:
    United States
    The moral balance in this nation has been lopsided left for 20 years... did you mind? The majority opinion from the Supreme Court has been lopsided left for 12 years (even with Justice Renquist, Scalia, and Thomas)... did you mind? The Senate Judicial Committee rejected many of President Bush's Circuit Court Judge nominees this summer based solely upon a litmus test that Sen. Leahy applied over their feelings on abortion.

    I feel that Supreme Court Justices should be able to interpret existing law first and foremost... To answer your question however, "Do you actually think that it's a good thing to have a Supreme Court justice that leans significantly to one side?", Yes~!

    Were you similarly upset that Justice Blackmun was so liberal?

    IntheNet
     
  9. nicephoras

    nicephoras A very stable genius

    Fucklechester Rangers
    Jul 22, 2001
    Eastern Seaboard of Yo! Semite
    It was made lopsided by Renhquist's appointment as CJ in 84? Huh?

    :confused: The Court has a 5-4 conservative majority, despite Clinton's nominations. It is NOT liberal.

    Actually, it had to do with a lot of factors, and the Republicans held up a lot of Clinton's judicial nominations as well.

    What else should they do? That's their job.

    So you wouldn't mind if Bush started appointing liberal justices then. Interesting.

    Blackmun wasn't always liberal.
     
  10. riverplate

    riverplate Member+

    Jan 1, 2003
    Corona, Queens
    Club:
    CA River Plate
    I believe Bush will select Clarence Thomas for Chief Justice and then select Ted Olson to be the new Associate Justice. There will be little problem with either of these moves and I approve of Bush making them.

    I also believe it's true many conservatives were pleased that Alberto Gonzales is going to be Attorney General, therefore getting him off the Supreme Court list at the White House. If there may soon be a second Bush appointment to the court, it would probably be Miguel Estrada. More comfortable to the conservatives than Gonzales, and that's the nomination where the Democrats may dig in their heels.
     
  11. nicephoras

    nicephoras A very stable genius

    Fucklechester Rangers
    Jul 22, 2001
    Eastern Seaboard of Yo! Semite
    Olson would probably be acceptable to both sides, although I'd wager he's more likely to come in as Chief Justice. Neither Thomas's personality nor his scholarship is sufficiently imposing to serve well in that role.
    Although, I should warn Republicans about appointing Boalt graduates to the Court.......:D
     
  12. Chicago1871

    Chicago1871 Member

    Apr 21, 2001
    Chicago
    Nat'l Team:
    United States
    Yes.
    Um, if it were actually lopsided to the left, as opposed to a 5-4 balance to the right, then yes I would.
    Why? Just because you feel you're owed a right leaning court?
    Yes. I take issue with judges at that high a level positioning themselves significantly to one side, be it right or left. Like the law itself I want the highest judicial powers in the land to be as impartial as possible. I see a conflict when they are significantly to one side of the divide.
     
  13. Crimen y Castigo

    May 18, 2004
    OakTown
    Club:
    Los Angeles
    Nat'l Team:
    United States
    Well I'm glad we've got your approval out of the way. The Senate hearings should be a cinch.

    Ted Olsen is better bet for chief justice than Thomas. That would not surprise me in the least. And this is going to sound horribly cynical, but I simply mean it as a fact: his great personal loss will create an enormous amount ill will against those who attack his appointment.
     
  14. nicephoras

    nicephoras A very stable genius

    Fucklechester Rangers
    Jul 22, 2001
    Eastern Seaboard of Yo! Semite
    Well, that and the fact that he's a respected jurist.
     
  15. yossarian

    yossarian Moderator
    Staff Member

    Jun 16, 1999
    Big City Blinking
    Club:
    Arsenal FC
    Nat'l Team:
    United States
    Maybe Bush could be duped into appointing a libertarian like Alex Kozinski? :p

    Three cringeworthy names.....
    Starr
    Sentelle
    Luttig
     
  16. Crimen y Castigo

    May 18, 2004
    OakTown
    Club:
    Los Angeles
    Nat'l Team:
    United States
    Oy vey. I haven't seen such misplaced self-esteem since Nicolas Anelka.
     
  17. nicephoras

    nicephoras A very stable genius

    Fucklechester Rangers
    Jul 22, 2001
    Eastern Seaboard of Yo! Semite
    Ahh, Kozinski. The man who has told parties to "chill out" in copyright disputes.
    I've head him speak a bunch of times, and saw him preside when the 9th Circuit moved to my law school for a day. The self confidence is breathtaking, but being conservative on the 9th circuit is, of course, relative. However, I don't think he has a shot, because with the higher exposure he would have to watch what he says, and I don't think he'll want to do that.
     
  18. Karl K

    Karl K Member

    Oct 25, 1999
    Suburban Chicago
    5 bucks here says Ted Olson will a justice of the Supreme Court, and will be confirmed by over 80 senators.
     
  19. yossarian

    yossarian Moderator
    Staff Member

    Jun 16, 1999
    Big City Blinking
    Club:
    Arsenal FC
    Nat'l Team:
    United States
    My first year, my school had a big Federalist Society meeting/shindig. He sat down in the seat next to me during Criminal Law and started asking questions/making comments and joking with the professor. Having never seen a picture of him...I thought "who is this loud-mouthed visiting Dad"... The professor quickly introduced him to the class and the rest of the time was spent debating the pros and cons of federal sentencing guidelines...which he wasn't a fan of. Interesting stuff and I was glad I refrained from smarting off to him before I knew who he was. :D
     
  20. nicephoras

    nicephoras A very stable genius

    Fucklechester Rangers
    Jul 22, 2001
    Eastern Seaboard of Yo! Semite
    Probably would have been easier to get a clerkship that way - he supposedly likes that sort of thing. Of course, a clerkship with Kozinski has been described as worse than the experience of a first year at Cravath, so maybe you did better by staying quiet. :D
     
  21. argentine soccer fan

    Staff Member

    Jan 18, 2001
    San Francisco Bay Area
    Club:
    CA Boca Juniors
    Nat'l Team:
    Argentina
    Is Olson considered a moderate? I don't know a lot about his track record. But I wonder if some Democrats might be bitter over his prominent role in Bush vs Gore. Also he had a role in the investigation of the Clinton scandals. I think the issue came up when he was confirmed for his current position, and it was a close vote.

    But maybe the democrats will be pragmatic and will consider him better (from their point of view) than the alternative likely choices.
     
  22. SgtSchultz

    SgtSchultz Member

    Jul 11, 2001
    Parts Unknown
    An Hispanic will be named to the Supreme Court.
     
  23. nicephoras

    nicephoras A very stable genius

    Fucklechester Rangers
    Jul 22, 2001
    Eastern Seaboard of Yo! Semite
    Olson's conservative, but not unreasonably so. I don't rememeber his involvement in Whitewater, however.

    That depends on whom else Bush might trot out. Given the usual paucity of good conservative judges (sadly true), we may end up with another Carswell and Haynesworth before finding a Rehnquist.
     
  24. royalstilton

    royalstilton New Member

    Aug 2, 2004
    SoCal
    Club:
    Liverpool FC
    Nat'l Team:
    United States
    ---
    regardless of what may happen in the area of Supreme Court appointments, the Senate Democrats, led by Pat Leahy and Tom Daschle, have only themselves to blame. the shameful manner in which they have held up voting on Bush appointments by filibuster -- which, while "legal" in the strictest terms, is the most egregious type of abuse of the process -- can only result in a revolt by their across-the-aisle counterparts.

    Miguel Estrada's appointment should have gone to vote. with Daschle gone, things will change.
     
  25. Barbara

    Barbara BigSoccer Supporter

    Apr 29, 2000
    Club:
    DC United
    Nat'l Team:
    United States

    Would he have a chance in hell of getting confirmed?

    My cat, Allie, would be a better choice for CJ than Thomas.

    My biggest problem with Thomas as CJ, besides the obvious, is that he's so very young and would be CJ for so very long. Imagine the damage he could do.



    I had that same thought.
     

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