Posted on 06/05/2017 9:59:13 AM PDT by Mafe
With Trump asking the Supreme Court to uphold his travel ban, I know for certain that if the case is heard before Anthony Kennedy retires, the decision will be in his hands. Needless to say I am very doubtful that we I can count on Kennedy to uphold it.
That made me think - how would the 21st century be different had Robert Bork been nominated to the Supreme Court instead of Kennedy? Its obvious that SSM never would have been legalized via the court, and Roe vs. Wade would've stood a good chance of being overturned. What other decisions do you think would have been different?
Trump may very easily have three picks
Let's hope so and that they are great and that they are confirmed.
Bork was nominated but not confirmed. That is the legacy of the idiot Scottish Law professor Arlen Specter.
Bork was nominated but not confirmed. Then, Kennedy was nominated and confirmed.
What if Napoleon had four or five A-10s at Waterloo?
“Trump may very easily have three picks”
Let’s hope the next two replace Ginsburg and Kennedy or Breyer.
Bork WAS nominated for the high court. He was not CONFIRMED.
Heller might have been decided the wrong way.
Enough with the semantics. Back to the question - how would things be different if he was confirmed?
One of the most conservative jurists in the United States died last week. His thoughts on the Second Amendment are instructive.Im not an expert on the Second Amendment, Judge Robert Bork said in 1989, but its intent was to guarantee the right of states to form militia, not for individuals to bear arms. In 1991, Bork noted the weak support the gun lobby has in the Second Amendment.
The National Rifle Association is always arguing that the Second Amendment determines the right to bear arms, Bork said. But I think it really is peoples right to bear arms in a militia. The NRA thinks that it protects their right to have Teflon-coated bullets. But thats not the original understanding.
In a 1997 book, Bork took further exception to efforts to expand the narrow words of the Second Amendment. The Second Amendment was designed to allow states to defend themselves against a possibly tyrannical national government, Bork wrote. Now that the federal government has stealth bombers and nuclear weapons, it is hard to imagine what people would need to keep in the garage to serve that purpose.
Just because the Supreme Court rules on a subject, doesn’t make it right. The Constitution is clear on this power of the Executive.
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