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Rush Limbaugh confused on Supreme Court balance. Still will be 5-4, same as before. Not 6-3.

Posted on 01/16/2006 5:03:13 PM PST by motife

Rush said several times last week that confirming Alito changes the balance of the court from 5-4 to 6-3.

Alito is replacing Sandra Day O'Connor one of the 5-4 majority. The balance is not changing.

We can only hope Stevens and/or Ginsberg retire in the next 2 and 1/2 years. I would not be surprised though that as partisan as they are, they will not.

Here are the ages of the current court, including Alito, how long they've served, and who appointed them :

Liberals :

John Paul Stevens, appointed by Gerald Ford, court term began 12/19/1975. Born Chicago, IL 4/20/1920. Confirmed by 99-0 vote. Probably most liberal member of the court. Particularly bitter opinion in Bush v. Gore. Aged 85. Has been on the court 30 years.

David Souter, appointed by George H.W. Bush, court term began 10/9/1990. Born Melrose, MA 9/17/1939. Confirmed by 90-9 vote. MOST disappointing choice for Republicans. Aged 66. Has been on the court 15 years.

Ruth Bader Ginsburg, appointed by Clinton, court term began 8/10/1993. Born Brooklyn, NY 3/15/1933. Confirmed by 97-3 vote. Aged 72. Has been on the court 12 years.

Stephen Breyer, appointed by Clinton, court term began 8/2/1994. Born San Francisco, CA 8/15/1938. Confirmed by 87-9 vote. Aged 67. Has been on the court 11 years.

Conservatives :

Antonin Scalia, appointed by Reagan, court term began 9/26/1986. Born Trenton, NJ 3/11/1936. Without question the best Supreme Court Justice, among the best ever. Has started a multi-generational movement in law not unlike Reagan has in the GOP. One of Reagan's great legacies to the nation. Confirmed by 98-0 vote. Aged 69. Has been on the court 19 years.

Anthony Kennedy, appointed by Reagan, court term began 2/11/1988. Born Sacramento, CA 7/23/1936. Could have had Robert Bork who along with Scalia and Rehnquist would have made a epic court. Kennedy has been by and large a conservative vote, although not 100% reliable. Confirmed by 97-0 vote. Aged 69. Has been on the court 17 years.

Clarence Thomas, appointed by G.H.W. Bush, court term began 10/23/1991. Born near Savannah, GA 6/23/1948. Taciturn, but rock solid for the right. Confirmed by razor thin 52-48 vote. Aged 57. Has been on the court 14 years.

John Roberts, appointed by G.W. Bush, court term began 9/29/2005. Born Buffalo, NY 1/27/1955. Confirmed by 78-22 vote. Aged (next week) 51 years. Chief Justice.

Samuel Alito, appointed by G.W. Bush. Born, like Scalia, Trenton, NJ 4/1/1950. Appears like Roberts to be an excellent choice for the right and youthful for a justice. Aged 55.


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: dhpl; rush; scotus; talkradio
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To: motife

Alito will be more conservative than O'Connor. So, hopefully, there will be a 5-4 conservative edge on most issues. While O'Connor has been on the court, it has gone 5-4 the wrong way on many issues.

I'm really hoping that President Bush will get the chance to appoint at least one more justice before his term ends. Because there is no guarantee at this point how long this window to appoint conservative justices will remain open.


21 posted on 01/16/2006 5:13:15 PM PST by Cicero (Marcus Tullius)
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To: Brilliant

No, not as I heard it. He was perfectly clear on the point. He even speculated on reasons one of the remaining liberals might resign and who it might be; he mentioned Stevens and Breyer.


22 posted on 01/16/2006 5:14:25 PM PST by T'wit (Brokeback Mountain: the sin that dare not yippee-kai-yay-kai-yea its name.)
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To: johniegrad

:-) Thank you.


23 posted on 01/16/2006 5:15:00 PM PST by saveliberty (Proud to be Head Snowflake, Bushbot and a new member of Sam's Club)
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To: T'wit

I pray you are correct and that he is correct.


24 posted on 01/16/2006 5:15:20 PM PST by johniegrad
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To: saveliberty

Isn't Kennedy pro-Roe?


25 posted on 01/16/2006 5:15:29 PM PST by pookie18 ((Hillary Rotten) Clinton Happens...as does Dr. Demento Dean, Bela Pelosi & Benedick Durbin!!)
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To: Baynative
Oh, really? She hides it well.

She made the 5-4 majority for the other side, IIRC. Amazing how somebody could think that O'Connor was on the RIGHT.

26 posted on 01/16/2006 5:15:54 PM PST by wyattearp (The best weapon to have in a gunfight is a shotgun - preferably from ambush.)
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To: motife
One more thing, it's ESSENTIAL the GOP hold on to the Presidency in the 2008 election. Scalia and Kennedy are getting up there in years. They'll both be 76 by 2012, making for likely vacancies should there be a Democrat in the White House.

I think the GOP has to nominate a CLEAR winner in 2008, and not worry so much about ideological purity. The conservative candidates I've seen so far don't look to have promising prospects in such an evenly balanced electorate.

27 posted on 01/16/2006 5:16:30 PM PST by motife
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To: rdb3

He's silent mostly during the hearings and hardly ever asks a question.

What he went through during the hearing process was absolutely awful and I think that it had a major impact on him. I have heard him speak and he's excellent.

As far as votes go, Thomas is more reliably states rights than Scalia.


28 posted on 01/16/2006 5:17:37 PM PST by saveliberty (Proud to be Head Snowflake, Bushbot and a new member of Sam's Club)
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To: Baynative

She's in the majority on Roe


29 posted on 01/16/2006 5:18:17 PM PST by saveliberty (Proud to be Head Snowflake, Bushbot and a new member of Sam's Club)
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To: saveliberty
6-3 on Roe.

You'd better look that up again. Roe was a 7-2 decision.

(link)

30 posted on 01/16/2006 5:18:28 PM PST by wyattearp (The best weapon to have in a gunfight is a shotgun - preferably from ambush.)
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To: T'wit

Wishful thinking... None of the liberals are going to resign while Bush is President. They're waiting for Hillary or death.


31 posted on 01/16/2006 5:18:55 PM PST by Brilliant
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To: johniegrad

I was just asking if others heard what I heard. If anyone was tuned in for that segment and can confirm it, that would be welcome. And yes, I'd be very glad if President Bush gets another appointment. Far be it for anyone to notice that Mr. Justice Stevens was born in 1920.


32 posted on 01/16/2006 5:19:03 PM PST by T'wit (Brokeback Mountain: the sin that dare not yippee-kai-yay-kai-yea its name.)
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To: motife

Rush qualified that statement by stating that he has not given up on Justice Kennedy...if Kennedy reverts to his conservatism (and Rush thinks he will be positively influenced by Roberts and Alito) then it will be 5-4.


33 posted on 01/16/2006 5:19:17 PM PST by daisyscarlett
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To: pookie18

Kennedy it Pro-whatever-it-will-take-to-get-elected-in-the-socialistic-state-of-Mass.


34 posted on 01/16/2006 5:19:28 PM PST by johniegrad
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To: motife

I think you are wrong, he was saying that Bush will get to pick another SC Justice before he leaves office.<p.Can you quote him in full context?


35 posted on 01/16/2006 5:20:00 PM PST by MJY1288 (THE DEMOCRATS OFFER NOTHING FOR THE FUTURE AND THEY LIE ABOUT THE PAST)
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To: rdb3

He says very little but votes the right way.


36 posted on 01/16/2006 5:20:10 PM PST by Andy'smom
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To: pookie18

yes that's why there are 6 pro Roe and 3 anti. Once Alito is confirmed then the balance shifts a little away from Roe, but it's still a majority 5-4.

This is what freaks the liberals who demand balance (only when it means that a conservative might be added)


37 posted on 01/16/2006 5:20:38 PM PST by saveliberty (Proud to be Head Snowflake, Bushbot and a new member of Sam's Club)
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To: johniegrad

Anthony Kennedy. He's not from MA


38 posted on 01/16/2006 5:21:22 PM PST by saveliberty (Proud to be Head Snowflake, Bushbot and a new member of Sam's Club)
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To: motife

Rush should have done a better job explaining what he meant. However, he later said that with a 5-4 conservative majority, it was unlikely that Stevens (and possibly) Ginsburg would see the point in "waiting it out" for a liberal to come into office.


39 posted on 01/16/2006 5:21:54 PM PST by wagglebee ("We are ready for the greatest achievements in the history of freedom." -- President Bush, 1/20/05)
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To: motife

We could always hope that the appointments of
Roberts and Alito will so change the dynamics of the court it will drag that weak minded little twerp, Souter into the conservative camp occasionally or that it will induce a stroke in one of the lefties on the court, who tend to be older.


40 posted on 01/16/2006 5:21:56 PM PST by Busywhiskers ("...moral principle, the sine qua non of an orderly society." --Judge Edith H. Jones)
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