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Get It Right (SCOTUS Nominees)
The Weekly Standard ^ | November 22, 2004 | Terry Eastland, for the Editors

Posted on 11/15/2004 1:40:54 PM PST by RWR8189

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1 posted on 11/15/2004 1:40:54 PM PST by RWR8189
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To: RWR8189

Good article about the real issues. Unfortunately, we may lose this war before we fight the first battle.


2 posted on 11/15/2004 1:45:05 PM PST by CWOJackson
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To: RWR8189

I like Judge Posner of the 7th Circuit.


3 posted on 11/15/2004 1:45:53 PM PST by Huntress
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To: RWR8189

As a practitioner, I like the idea of non-judges. I also like the idea of VERY young, conservative, judges that will be there a while.


4 posted on 11/15/2004 1:48:27 PM PST by 1L
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To: RWR8189
First We nominate Ken Star as Chief Justice...After that all nominees will seem moderate to the Dems/Media...Or recess appointment Pat Buchanan to the Court of Appeals...that will
5 posted on 11/15/2004 1:49:46 PM PST by Defendingliberty (www.456th.com)
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To: RWR8189
you can bet that the Bush administration long ago drew up a list and sorted through the pros and cons of more than a few potential nominees.

This whole long treatise could have been 'written' with just the one sentence.

All the rest is just an exercise in the writer's "look at me, how wise I am" exercise.

"W" is where he is because we know him and we trust him. No need to go picking about in every decision of would be, might be choices...

Time to step back and let him make his decisions - and give room for them to be implemented.

I don't believe he needs our micromanagement.

I trust him...

6 posted on 11/15/2004 1:51:36 PM PST by maine-iac7 ( Pray without doubt..."Ask and you SHALL receive")
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To: Huntress
One of my law professors, who leans to the left, habitually referred to Posner as "the smartest man in the universe." Having read a fair amount of his work, I am hard-pressed to disagree. However, he is not so smart as to keep some of his more controversial ideas to himself. Like his argument that an actual market for the sale of babies would be an efficient response to adoption and foster care issues.

He's the best man for the job, and he could never get confirmed.

7 posted on 11/15/2004 1:51:50 PM PST by lugsoul (Until at last I threw down my enemy and smote his ruin on the mountainside.)
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To: RWR8189

Isn't it funny how the issue has been twisted so that the activist judges (those that vow to uphold Roe v Wade) are considered "mainstream" while any other judge is considered a "radical"?


8 posted on 11/15/2004 2:20:10 PM PST by Jaysun (How many votes did that HUGE A$$ Medicare bill buy us?)
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To: RWR8189

Laura I.


9 posted on 11/15/2004 2:22:22 PM PST by Peelod (Perversion is not festive)
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To: CWOJackson

Let's hope that it's Ginsberg that drops first.

Too bad Souter and Kennedy don't seem to be going anywhere soon.


10 posted on 11/15/2004 2:29:42 PM PST by LibertarianInExile (NO BLOOD FOR CHOCOLATE! Get the UN-ignoring, unilateralist Frogs out of Ivory Coast!)
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To: LibertarianInExile

I don't see Ginsberg lasting four more years so your hope may come true.


11 posted on 11/15/2004 2:31:41 PM PST by CWOJackson
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To: 1L
Ann Coulter? I think she's a lawyer, but she'd be PERFECT!
12 posted on 11/15/2004 2:31:58 PM PST by ExSoldier (Democracy is 2 wolves and a lamb voting on dinner. Liberty is a well armed lamb contesting the vote.)
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To: 1L
As a practitioner, I like the idea of non-judges. I also like the idea of VERY young, conservative, judges that will be there a while.

You hit every nail on the head.

13 posted on 11/15/2004 2:32:54 PM PST by Minuteman23
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To: RWR8189

The fact is that the majority of the justices on the Supreme Court have become agenda driven activists, and that bodes ill for the American people as a whole. This "third branch of government" now sees itself as the "overseer" of the Executive and the Legislature through its use of judicial review.

While I agree that conservative justices must be appointed to the High Court it's also obvious that an appointee, who is answerable to no one for the remainder of his/her life, would find it difficult not to succumb to the power of the office.

Although some will argue that the Congress has the power to rein in the Judiciary it has shown little inclination to do so over the past years, and it is this abdication of congressional responsibility that has given the Court its ability to unconstitutionally and incrementally change our Constitution.

In this regard the position of the Supreme Court in American politics must be reexamined. Conservatives must be appointed not only to the Court, but also to the Congress. Without a truly Conservative Congress acting as an "active" watchdog over the Judiciary it doesn't matter how many conseravtive Justices are appointed to the Court.


14 posted on 11/15/2004 3:15:47 PM PST by Noachian (A Democrat, by definition, is a Socialist.)
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To: maine-iac7
Maybe they could generate a backup court made up of liberals... Kerry would be good given his legal experience.

We could designate them the Supreme Court Reserve Of The United States... Or SCROTUS to coin an acronym.
15 posted on 11/15/2004 3:15:55 PM PST by ManMountain (In case of social breakdown remember Liberals... The other white meat.)
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To: Huntress

I am taking a law and economics class next semester where the professor almost exclusively uses Posner cases. They are truly a treat to read.

Frank Easterbrook sits on the 7th circuit w/ Posner and subscribes to the law and economics philosophy. I think he would be an excellent choice, but I haven't read any national security opinions of his. If anyone else has opinions/more info on Easterbrook as a potential SCOTUS nominee I would love to hear it.

I don't think there is any chance Posner would get selected. A Democrat surely wouldn't appoint him and I have heard he is not very religous, so I doubt President Bush would nominate him either.


16 posted on 11/15/2004 3:18:45 PM PST by ConservativeLawStudent
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To: RWR8189; CWOJackson; Howlin; deport; Torie

Wow!

I can't believe that Larry Klayman's name is not on mentioned ONCE in this article!


17 posted on 11/15/2004 3:21:21 PM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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To: Luis Gonzalez

Now you've done it.


18 posted on 11/15/2004 3:25:10 PM PST by CWOJackson
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To: Luis Gonzalez
I can't believe that Larry Klayman's name is not on mentioned ONCE in this article!

The did by inference.....


19 posted on 11/15/2004 3:32:51 PM PST by deport (I've done a lot things.... seen a lot of things..... Most of which I don't remember.)
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To: deport

BWAHAHAHAHAHA!!!!!

You know, Larry's gone into private practice in Florida.

I have a barking dog issue that I may contact him on.

I imagine that after a few years of press releases and fund raisers, my neighbors will either move, or their dog will die, at which point Larry will issue a flurry of press releases, declare victory, and initiate a fund raiser.


20 posted on 11/15/2004 3:37:44 PM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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