Posted on 02/03/2006 1:05:52 PM PST by FerdieMurphy
I don't think that's what's going on.
I believe Taylor's (cruel and unusual based) appeal is at the 8th Circuit Court of Appeals which will hear arguments.
If they grant or deny the appeal, Missouri or Taylor gets to appeal and the hysterical folks just might get what they want--an 8th Amendment case where Alito gets to please or horrify us with an actual vote and opinion on the matter.
Two other similar cases are in Florida, both of which were stayed by the SC.
Of course, I could be wrong.
I have it from a very good source that Alito is a lot more liberal than people realize. There will be a lot of very surprised people.
Oh, it's not "angry rhetoric". I have confidence in Alito. MikeinIraq stalks me so I like to raise his blood pressure. But this "courtesy" thing, if so, is ludicrous, and runs counter to the claims by Alito and his backers (including me) that he will rule based on the Constitution. "Being courteous" is not part of Constitutional law.
Debunked cr@p
LOL, that's spot on!
I have indeed heard of that worthless, baseless clause. A clause that was not 'found' until 1897, thirty years after the passage of the 14th Amendment. A clause that only applies to the Amendments where this mysterious clause has been applied. A clause that must be overturned if there is a hope to return to a Constitutional Republic
Lincoln even tried to justify the war by claiming that it wasn't the states that gave rise to the Union but that the Union gave rise to the States..
Yes and a famous 20th century leader (non-US) fully agreed with him. Care to guess which tyrant did?
Until you either repeal the relevant clause of the 14th Amendment or get the Supreme Court to reinterpret it, your original complaint is baseless. Under the current interpretation, the case in question is under the jurisdiction of the Supreme Court. To pretend otherwise is to simply ignore the reality of the situation.
What...utter.....
Here's my recommendation.
There are two roads you can take.
Wily Coyote off the cliff, or sanity.
First road meets Souter, second meets a solid Justice who is what he presented himself to be. Justic Alito that will respect the Constitution, rather than follow the path of the activists.
Why I'm on the thread, I don't know. 'Cause I'm not going to spend years reassuring some folks that evidently don't trust their own prior judgements about Alito because he dares to do as he said he would do.
Unbelieveable.
And to continue nominating judges that see the 14th Amendment as untouchable is to pretend at conservatism and falsely claiming an 'originalist' view. There were judges available and on the short list that, and some may have, agreed fully with this sentiment. And who did Bush pick? A big government hack that will agree with Republican principle. Not a conservative
Nothing was "held"-- there was no written opinion. It's not at all clear that the Supreme Court will even hear the case. What happened is that the inmate appealed to the 8th Circuit. The 8th Circuit granted a stay of execution so it could hear the case. Only after the 8th Circuit decides the case will the Supreme Court have the chance to decide to hear the case or not.
After the 8th Circuit granted a stay of execution, the State prosecutor asked the Supreme Court to reverse the 8th Circuit's stay of execution. The Supreme Court technically has the power to do that, but doesn't do it very often, because, by definition, they haven't heard the merits of the case yet and may never hear them.
The Court voted 6-3 to deny the prosecutor's motion to overturn the stay; Alito voted with the majority, Roberts, Scalia and Thomas dissented. No one wrote any opinions.
i know that. it was a rhetorical question to those going off halfcocked on this, when the jumping to a SOUTER conclusion has been debunked, REPEATEDLY.
I don't think you are in any position to be calling someone a fool.
Relax, everyone, it's only one ruling.
I do not think YET anyway that Alito will be a Souter II. I expect the next appointee to be Souter II!!!!! Still pessimistic with cause, awaiting Alberto Gonzalez, whose name translates to "David Souter."
If you're right, fine.
But there is nothing wrong with vigilance to the point of anxiety. I have to make up for all the complacency on our side. When you win one, it's natural to think you've won more than you have.
Nonsense, TR.
The democrats would have to first win a senate majority before they could even try to force another Souter type on this president.
Gosh, all YOU'VE done is prove you're too dense to find out the FACTS.
You got suckered!
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