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O'Connor May Sit on Bench Again
Law.com ^ | March 13, 2006 | Tony Mauro

Posted on 03/12/2006 1:09:09 PM PST by NinoFan

O'Connor May Sit on Bench Again

By Tony Mauro Legal Times March 13, 2006

The next stage of retired Justice Sandra Day O'Connor's public life began taking shape last week: a combination of speaking out, receiving accolades and even, she hinted, sitting as a judge again. In a talk Thursday at Georgetown University Law Center, she demurred when it was suggested she could be more candid now that she's no longer a justice: "I've retired, but I'm still a federal judge." Retired justices can sit by designation on any federal court, but O'Connor did not indicate where she hopes to sit.

(Excerpt) Read more at law.com ...


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: court; liberaljudges; oconnor; sandradayoconnor; scotus
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To: NinoFan
These libs just have to stay relevant, don't they?

She could be making retirement more relevant and interesting for her husband. But evidently she's married to the law and doesn't plan on getting a divorce soon.

Marriage doesn't seem to mean the same thing to the liberal intellectual elite as it does to a lot of people in this country.

Unless maybe he doesn't want her around, hah.

Leni

41 posted on 03/13/2006 10:05:02 PM PST by MinuteGal (Sail the Bounding Main to the Balmy, Palmy Caribbean on FReeps Ahoy 4. Register Now!)
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To: Borges; Tzimisce
There is however in the Federalist which is the basic document used for interpreting the intentions of the FF

Well, here is what Hamiltion has to say on the subject in Federalist 81.

The arguments, or rather suggestions, upon which this charge is founded, are to this effect: "The authority of the proposed Supreme Court of the United States, which is to be a separate and independent body, will be superior to that of the legislature. The power of construing the laws according to the SPIRIT of the Constitution, will enable that court to mould them into whatever shape it may think proper; especially as its decisions will not be in any manner subject to the revision or correction of the legislative body. This is as unprecedented as it is dangerous. In Britain, the judical power, in the last resort, resides in the House of Lords, which is a branch of the legislature; and this part of the British government has been imitated in the State constitutions in general. The Parliament of Great Britain, and the legislatures of the several States, can at any time rectify, by law, the exceptionable decisions of their respective courts. But the errors and usurpations of the Supreme Court of the United States will be uncontrollable and remediless.'' This, upon examination, will be found to be made up altogether of false reasoning upon misconceived fact.

In the first place, there is not a syllable in the plan under consideration which DIRECTLY empowers the national courts to construe the laws according to the spirit of the Constitution, or which gives them any greater latitude in this respect than may be claimed by the courts of every State. I admit, however, that the Constitution ought to be the standard of construction for the laws, and that wherever there is an evident opposition, the laws ought to give place to the Constitution. But this doctrine is not deducible from any circumstance peculiar to the plan of the convention, but from the general theory of a limited Constitution; and as far as it is true, is equally applicable to most, if not to all the State governments. There can be no objection, therefore, on this account, to the federal judicature which will not lie against the local judicatures in general, and which will not serve to condemn every constitution that attempts to set bounds to legislative discretion.

The first paragraph outlines the worry about a supreme court. The second paragraph begins the argument which will deny that worry. Needless to say, Hamilton was wrong. It has happened.

42 posted on 03/13/2006 10:07:01 PM PST by AndrewC (Darwinian logic -- It is just-so if it is just-so)
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To: AndrewC
And here's No.78:

Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.

The further away we get from the time a text is written the more slippage of signification there will be. It's unavoidable. The solution is to appoint Justices that share our interpretation of the Constitution.
43 posted on 03/14/2006 11:22:27 AM PST by Borges
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To: zzen01
Sandra Day O'Connor was one of two of the STUPIDEST things that Ronald Reagan EVER did. The other was appointing George HW Bush as his VP!

Maybe four, if you include putting American Marines in Lebanon between Israel and the PLO and then pulling them out after the bombing, which were stepping stones toward 9/11.
44 posted on 03/14/2006 1:14:15 PM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - IT'S ISLAM, STUPID! - Islam Delenda Est! - Rumble thee forth)
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To: NinoFan

The next Jimmy Carter...an ex public 'servant' who just won't go quietly away...


45 posted on 03/14/2006 1:18:19 PM PST by antaresequity (PUSH 1 FOR ENGLISH - PUSH 2 TO BE DEPORTED)
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To: Tzimisce
No one is listening to me on this.

That issue was decided over 200 years ago. Nobody in 2006 is going to listen. Deal with it!

46 posted on 03/14/2006 1:18:32 PM PST by You Dirty Rats (Fly Emirates!)
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To: NinoFan

The only bench this old crank needs to sit on is a park bench, feeding pigeons.


47 posted on 03/14/2006 1:23:54 PM PST by DesScorp
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To: Borges
The solution is to appoint Justices that share our interpretation of the Constitution.

"Our"?

No, but it is found in the Federalist Papers in restoring the balance of the three branches of government so that the final word is from the people at the next election instead of waiting for five justices to die. That solution is Executive Nullification, tempered by Congress' power to impeach the President. The executive branch was not designed to be the subservient rubber stamp of the judiciary in enforcement of court orders, as C.J. Marshall recognized in Marbury v. Madison and President Jackson recognized regarding the Cherokee Indian decisions. Slavish obeiscence to the Supreme Court did not exist before enforcement of the odious Dred Scott decision in 1857, which has been followed by all manner of Supreme Court mischief.

Federalist #78:

"Whoever attentively considers the different departments of power must perceive, that, in a government in which they are separated from each other, the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution; because it will be least in a capacity to annoy or injure them. The Executive not only dispenses the honors, but holds the sword of the community. The legislature not only commands the purse, but prescribes the rules by which the duties and rights of every citizen are to be regulated. The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments."
48 posted on 03/14/2006 1:38:01 PM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - IT'S ISLAM, STUPID! - Islam Delenda Est! - Rumble thee forth)
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To: Tzimisce

Marbury v. Madison is logical where branches of government are equal. You are looking at it as invalidating a law of Congress. But what it is really saying is "We won't enforce it for thus and such reason." You can't make the courts enforce laws.

What everyone overlooks is what MvM says about the Presidency. C.J. Marshall explicitly recognized that he could not order President Jefferson, a political opponent, to do anything in the case that would not be ignored. Unfortunately, the Executive has lost the ability to do just that and become just a rubber stamp enforcement arm of the courts. See my previous post (#48).


49 posted on 03/14/2006 1:48:42 PM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - IT'S ISLAM, STUPID! - Islam Delenda Est! - Rumble thee forth)
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To: ApplegateRanch

why not? every other government official gets this perk.


50 posted on 03/14/2006 1:51:55 PM PST by absolootezer0 ("My God, why have you forsaken us.. no wait, its the liberals that have forsaken you... my bad")
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To: Larry Lucido

no however, retired judges can and do take special appointments and cases. IN THEORY, she could take on a special appointment for a drawn out case.

I think she should just stay aways from the courts, she has done enough damage.


51 posted on 03/14/2006 1:55:32 PM PST by longtermmemmory (VOTE!)
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To: NinoFan
Retired justices can sit by designation on any federal court, but O'Connor did not indicate where she hopes to sit.

Not without a presidential appointment I hope! And President Bush is NOT giving back her resignation!

52 posted on 03/14/2006 1:57:32 PM PST by Rummyfan
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To: Borges
The further away we get from the time a text is written the more slippage of signification there will be.

But you took it out of context and manifest has a precise meaning, namely, "Clearly apparent to the sight or understanding; obvious." The context makes it manifest. "The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex-post-facto laws, and the like. "

Limited also means limited even to the Judiciary. They have no right to imagine words into the "manifest tenor of the Constitution"

53 posted on 03/14/2006 4:53:51 PM PST by AndrewC (Darwinian logic -- It is just-so if it is just-so)
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To: OldFriend
"So her excuse to retire to stay home with her husband was just liberal pap!"

If she still wants to work, Bush make her ambassador to some quiet little country like Equador or Luxembourg.

54 posted on 03/14/2006 5:00:44 PM PST by BobS
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To: NinoFan

There's no doubt this old woman needs the spotlight. Hopefully it will be turned off before she curtsies (?)
on the stage once more.Never one to quibble except on the important issues....lead us not into the abyss with this one. She's been there, done that.


55 posted on 03/14/2006 5:08:10 PM PST by Bret
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To: BobS
If she still wants to work, Bush make her ambassador to some quiet little country like Equador or Luxembourg.

I suggest Antarctica. That way she gets a whole continent but can do little diplomatic damage.

56 posted on 03/14/2006 5:29:58 PM PST by AndrewC (Darwinian logic -- It is just-so if it is just-so)
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To: Rummyfan
Not without a presidential appointment I hope! And President Bush is NOT giving back her resignation!

Retired SCOTUS judges often sit on an occasional Court of Appeals panel. They are appointed to do so by, IIRC, the Chief Justice. When Thurgood Marshall resigned from the Supreme Court and returned to New York, he sat on a few Second Circuit panels. I expect Roberts will appoint her to some 9th Circuit panels.

57 posted on 03/14/2006 5:35:23 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: BobS

Ahh, old judges just seem to hang on and on and on.


58 posted on 03/14/2006 7:11:22 PM PST by OldFriend (HELL IS TOO GOOD FOR OUR MAINSTREAM MEDIA)
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To: Borges


No it isn't.


59 posted on 03/14/2006 11:39:46 PM PST by Tzimisce (How Would Mohammed Vote? Hillary for President! www.dndorks.com)
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To: AndrewC


Show me where Judicial Review exists IN THE CONSTITUTION OR DECLARATION OF INDEPENDENCE. Those are the legal documents.

There were a lot of ideas in the early Republic that were eventually thrown out or rejected.

I think the Constitution should matter - why don't you? And why don't these judges?


60 posted on 03/14/2006 11:42:29 PM PST by Tzimisce (How Would Mohammed Vote? Hillary for President! www.dndorks.com)
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