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Trump’s Supreme Court justice should be shunned
The Hill ^ | 11/14/16 | J. STEPHEN CLARK, CONTRIBUTOR

Posted on 11/14/2016 1:41:45 PM PST by bobk3

This shunning could entail anything lawful that denies the appointee’s legitimacy. Treating the appointee as persona non grata is one example. Justice Clarence Thomas has experienced a bit of that shunning among some who credit Anita Hill's accusations of sexual harassment. High regard is not an entitlement.

Neither is a pay raise. While the compensation of justices cannot be "diminished during their Continuance in Office," nothing prescribes increases. Future Congresses might even try to freeze the salary of the appointee who owes his or her seat to this ideological grab, although concern for judicial independence may caution against starting down the path of varying salaries by justice.

Most importantly, the appointee’s illegitimate vote can be shunned. Because the appointee’s presence on the Court will be illegitimate, so too will be any 5-to-4 decision with the appointee in the majority. While people must obviously comply with such decisions, the legal community need not internalize them as legitimate additions to the law. Instead, they should be regarded as merely provisional, lacking precedential force and subject to overruling without constraint. Commentators should carefully designate and quarantine them.

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TOPICS: Government; News/Current Events; Politics/Elections
KEYWORDS: shunning; trump2016; trumpscotus
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The Establishment, MSM and Democrats will follow a scorched earth policy on everything.

Trump and his administration need to actively fight them.

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1 posted on 11/14/2016 1:41:45 PM PST by bobk3
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To: bobk3

“Shunning” is fine, as long as he or she is confirmed...


2 posted on 11/14/2016 1:43:17 PM PST by WayneS (An appeaser is one who feeds a crocodile, hoping it will eat him last. - Winston Churchill)
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To: bobk3

The Left simply is not taking Trump’s victory all that well.


3 posted on 11/14/2016 1:45:17 PM PST by allendale
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To: bobk3

“Progressives” really do live in a fantasy world.


4 posted on 11/14/2016 1:45:18 PM PST by WayneS (An appeaser is one who feeds a crocodile, hoping it will eat him last. - Winston Churchill)
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To: bobk3
Is J. Stephen Clark a homo?

He sure writes and "thinks" like an angry, bitchy faggot.

5 posted on 11/14/2016 1:45:37 PM PST by NorthMountain (My help cometh from the LORD, which made heaven and earth.)
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To: bobk3

When he appoints his fifth justice into the second term, the shunning can go the other way!


6 posted on 11/14/2016 1:45:38 PM PST by Dr. Sivana (There is no salvation in politics.)
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To: bobk3

Change the Senate rules like Harry Reid did, get rid of 60 vote rule and ram these through just like the Democrats did.


7 posted on 11/14/2016 1:45:41 PM PST by ThePatriotsFlag ( Anything FREELY-GIVEN by the government was TAKEN from someone else.)
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To: bobk3

After the mess they made of covering the election ...the Hill should be shunned.


8 posted on 11/14/2016 1:45:46 PM PST by BookmanTheJanitor
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To: bobk3

Agreed, the battle is not over; anti-Constitutionalists will fight tooth and nail in the lowest, most underhanded ways they can find.


9 posted on 11/14/2016 1:45:49 PM PST by \/\/ayne (I regret that I have but one subscription cancellation notice to give to my local newspaper.)
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To: bobk3

Translation: Our wet work people dedicated their lives to ensure there was an opening on the court for Obama or hillary to fill. It’s awful for the elected president to fill it with anyone who is not a confirmed leftist fanatic willing to ignore the constitution and fulfill our wishes.


10 posted on 11/14/2016 1:46:37 PM PST by FateAmenableToChange
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To: bobk3
Trump and his administration need to actively fight them.

As well as a little 3-D chess.

At base, leftists are rock stupid. They operate on emotion and give their sense of reason weeks off at a time.

11 posted on 11/14/2016 1:47:08 PM PST by fwdude (Stronger, To Get Her)
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To: bobk3
....Justice Clarence Thomas has experienced a bit of that shunning ...

Huh ? You mean high-tech lynching ?
12 posted on 11/14/2016 1:47:15 PM PST by stylin19a (obama = Fredo smart)
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To: bobk3

Senator Jeff Merkley(OR) said Trump would get off on the right foot by letting Merrick Garland be appointed to SCOTUS.

I kid you not.

Trumps nominee better be JAMMED thru by the Turtle no matter what.


13 posted on 11/14/2016 1:47:20 PM PST by LeonardFMason (LanceyHoward would AGREE)
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To: bobk3
To be clear, disapproval of Donald Trump is not the reason for this shunning, and it would not apply to his subsequent appointees.

Liar, liar, pants on fire.

Who is this bozo?

14 posted on 11/14/2016 1:47:32 PM PST by OldSmaj (We need to get to the White House and hide the silverware and crystal, before Wookie pawns it.)
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To: ThePatriotsFlag

When did the 60-vote rule come back?


15 posted on 11/14/2016 1:47:44 PM PST by fwdude (Stronger, To Get Her)
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To: bobk3
"The Establishment, MSM and Democrats will follow a scorched earth policy on everything. will follow a scorched earth policy on everything."

The Establishment, MSM and Democrats should be mocked and ridiculed and, as evidence of their crimes is uncovered, prosecuted, without plea-bargaining, to the fullest extent of the law.

16 posted on 11/14/2016 1:47:58 PM PST by Carl Vehse
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To: bobk3

Leftists are proving to the world that they’re every bit as small minded and petulant as we always said they were.


17 posted on 11/14/2016 1:48:00 PM PST by pgkdan (The Silent Majority Stands With TRUMP!)
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To: bobk3

Yep. As I’ve been saying on other threads, we’re in for 8 years of this B.S. Personally, I ain’t worried. The MSM has become largely irrelevant, and if Trump does as good a job as I believe he will, no one will pay attention to the Dems anyway. And with all the Dems senators up for reelection in 2018, I think we’re gonna be in excellent shape come the midterms.


18 posted on 11/14/2016 1:48:02 PM PST by LIConFem ( III)
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To: All

Trump should pick the African-American on his list of 20 possibles.

Liberal heads will explode.

He can call it a ‘high tech lynching’ if they go after his guy.

Pick Cruz second and he can play the Latino card.

White libs melt when the race card is played on them. This is 3D chess.

Trump will win!


19 posted on 11/14/2016 1:48:12 PM PST by TigerClaws
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To: bobk3
The Senate refused to confirm John Rutledge, George Washington's nominee to be Chief Justice. Rutledge was a signer of the US Constitution.

Obama is more special than George Washington?

20 posted on 11/14/2016 1:48:17 PM PST by Verginius Rufus
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