The Stupidity of the ACB Hearing Questions

Mr_Neb

Really Experienced
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666
Once again, our politicians on both side, seem to take pride in outdoing each other on how embarrassing they can make themselves look to the American people and the rest of the world.

Since it is the blatant objective of the Democrats to disrupt the process as much as they can, I'll start with them.

First off, they know that there is little they can do to prevent ACB from being confirmed so what do they do? They decide to use their questioning time to campaign. I've watched several hours and with few exceptions, they spew out misleading if not completely false information about the ACA, LBGT rights, abortion, etc. etc.

Let's take the ACA issue. Several have gone down lists of people whom they say will lose insurance, surely die, go bankrupt, remain uncured, .... if ACA is struck down. First off, the issue to strike down or keep the ACA is not going before the court but even if it were, so the fuck what.

The legislature sets policy, e.g. the ACA. The court rules whether as the law as written is constitutional or not. Not if it were a good thing or a bad thing. It is the most fundamental tenant of being a judge. That's what keeps the three branches separate and different. The executive branch can't write law or spend money. The legislative branch does that. The courts can't write law or set policy either. You want the ACA, free education for all, legalized drugs, closed boarders, open boarders, access to unrestricted abortion, the criminalization of all abortions, warrantless arrests, free guns for all, no guns for anyone? Just write a law that avoids a constitutional challenge and it's yours.

Then they prattle on and on while ACB listens politely and then come a question. FINALLY. For example, "Will you pledge to recuse yourself from any issue that comes before the court that pertains to a challenge to the 2020 election results?"

WHAT! This is my second beef. The moron that asked that question should have known better. He's a fucking lawyer himself as well as a Senator. The process for recusing ones self is very well defined and has multiple steps. The very first step is that there has to be an actual case before the court before the process is to start. Then comes self examination, consultation, and then discussion with the other members of the court. Who was one of the most staunch advocates of this process? Why Judge Ginsburg and as it turns out, ACB is also a firm supporter of that process. So the correct and only answer would be, "No, I will not pledge to recuse myself from any case that may or may not come before me on the court."

If that doesn't tan your hide, how about this? She was asked how she would rule on the ACA issue that will be before the court in November. Judges are never, NEVER supposed to "signal" how they will treat or rule on any subject that is or will be before the court. If she had answered that question one way or the other, it would be the most egregious failure of her career and she should be kept off the court if she had done so.

Politics in this country is a disgusting business. The worst side effect of it is that there a lot of people defending their side while vilifying the other side. This is like arguing how you want to die. Cancer or starvation and defending how your way is better.
 
Well, the Democrats are not asking anything about whether she belongs to a cult.

Cults are really "in" right now. 43% of American voters belong to Cult-45.

Democrats are being very sensitive and considerate about that. So, at least they've got that going for them...
 
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OK armchair senator, what would you have asked her considering the circumstances???

Thought so.

STFU
 
Politics in this country is a disgusting business. The worst side effect of it is that there a lot of people defending their side while vilifying the other side. This is like arguing how you want to die. Cancer or starvation and defending how your way is better.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

case in point. you 'started' with the democrats, did anyone else notice that you didn't progress any further? go suck a helium balloon.
 
Shuddup, Rory.

:)


As usual Dem senators displayed their total ignorance of the law. Ted Cruz took dipshit Whitehouse to the woodshed for a good beating. Whitehouse using the Dems favorite tactic of projections was totally embarrassed, outclassed and exposed for the hypocrite he truly is right in front of the whole country. Whitehouse is an embarrassment to the senate judiciary.

What was really hilarious was Nancy having a sleepy Joe moment, she had a hissy fit on CNN questioning Wolf why he's always apologetic to republican policies, Me thinks Nancy forgot what media platform she was addressing, pound the floor funny. God she's an idiot!
 
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OK armchair senator, what would you have asked her considering the circumstances???

Thought so.

STFU
Well as rude as your attitude is, your question is perfectly legitimate. First off, given what little I do know about ACB, there is nothing to suggest that she isn't a legitimate candidate so I would treat her with the respect someone that has reached this point in her life and career.

As to questions, I would have prepared by reviewing some of her case histories. I would actually look for some of her past cases where she did or did not rule in line with what I perceive as her personal beliefs.

I would ask her how she personally goes through the process of maintaining impartiality. Which cases were particularly difficult for her. I would ask about how many of her cases were overturned by higher courts, on what grounds, and in retrospect, did she agree with the new decision.

I would ask if she has ruled on similar cases that were separated by a significant number of years to see if she ruled consistently on virtually the same subject.

I would ask her to name judges that she respected for their impartiality.

I would ask her to define the role of the Supreme Court and what her specific role is. (Can she communicate this briefly and effectively in language that the average citizen can understand. It is probably too much to ask a Senator to get it though.)

I would ask her how she handles having to rule against something that is in general a "good thing" because of the unconstitutionality of how the law was written.

I would ask if she was a literalist when it came to the constitution, meaning that 18th century perspective should be applied in the 21st century. If not, I would ask how she determines how far away from the literal reading of the Constitution she feels is acceptable and/or what is her process is for determining how far she should go. After all, the Court is dealing with issues and a country that is vastly different than what it was in the 18th century.

OK. Mr. Lazaran, your turn. What questions would you ask?
 
Well as rude as your attitude is, your question is perfectly legitimate. First off, given what little I do know about ACB, there is nothing to suggest that she isn't a legitimate candidate so I would treat her with the respect someone that has reached this point in her life and career.

Well that sir makes you a misogynist and a NAZI!!!!!

Didn't you know Orange Man Bad???:confused:

She doesn't support free, on demand, no questions asked abortion till the age of 12......that means she's not only a radical reich wing extremists but also a white nationalist and annihilator of women's rights.

No women will have ANY rights if she's confirmed and you support that!!!!

/end CNN/NBC/NYT/Democrat mode

Tee hee :D
 
Well that sir makes you a misogynist and a NAZI!!!!!

Didn't you know Orange Man Bad???:confused:

She doesn't support free, on demand, no questions asked abortion till the age of 12......that means she's not only a radical reich wing extremists but also a white nationalist and annihilator of women's rights.

No women will have ANY rights if she's confirmed and you support that!!!!

/end CNN/NBC/NYT/Democrat mode

Tee hee :D
You started early today. Morning glory seeds for breakfast?
 
Well that sir makes you a misogynist and a NAZI!!!!!

Didn't you know Orange Man Bad???:confused:

She doesn't support free, on demand, no questions asked abortion till the age of 12......that means she's not only a radical reich wing extremists but also a white nationalist and annihilator of women's rights.

No women will have ANY rights if she's confirmed and you support that!!!!

/end CNN/NBC/NYT/Democrat mode

Tee hee :D

I do detect a note of sarcasm in your post :) (Well done.)

Just to drill even harder on my point...

"No women will have ANY rights if she's confirmed and you support that!!!! "

YES! I support that IF the law that granted those rights were unconstitutional.

I just don't understand how effed up our legislative branch has become. Let's just say for argument's sake that Roe v Wade is completely struck down. You (as in the collective "you") want a law that meets your standard as it relates to access to abortion? Get a legislator to write one and get it passed that is constitutional. You want abortion to be illegal under all circumstances in all states, get a law written and passed that is constitutional.

PS. If RvW is overturned, the federal government will have essentially punted it to the states and it will be up to the states to set more definitive laws. I am not saying it is right or wrong, just that is the way it will be.
 
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Mr_Neb

I love idealists who live in alternate realities.

Obviously ANY bill can be ruled constitutional or unconstitutional by going through a a series of painful legal contortions. The last vote on the ACA was 5-4 so obviously 4 or 5 Justices got it wrong, right??? So in theory, any party that controls the courts can keep striking down laws and force congress to go through the time consuming process of writing a new law that could again be ruled unconstitutional. See the problem here??? The court has been corrupted by partisan right wingers and due to the corrupt "Citizens United" ruling, the election system itself has been totally corrupted. Pretending there is a simple remedy for the courts partisan political rulings is laughable, but I'm sure some people think it's a convincing argument for tolerating an openly biased court.

ACB was going to be seated regardless of what she iwas asked or how she answered(or didn't answer). The Democratic Senetors DID ask her about her prior cases and her process, while also pointing out previous comments she has made. She deflected or demurred, and was never candid about her true motivations. Most notably was her avoidance of the comment she made about her judicial philosophy being in lockstep with Justice Scalia's. When asked about it she claimed she would bring her own judicial philosophy to the bench. The two statements can't both be true.

The main point is; the Democratic Senators asked plenty of poignant questions, but they also used their time to illustrate the impact another right wing partisan would have on the court, and thus the future well being of the country. They also laid the groundwork for expanding or contracting the court(if Biden and the Democrats control comgress), by highlighting the rushed process to seat ACB, and Republican hypocrisy. The Democrats can justifiably posit that the Republicans politicized the court first, and that expanding or contracting the court is an appropriate response.
 
Mr_Neb

I love idealists who live in alternate realities.

Laz loves himself!!

Obviously ANY bill can be ruled constitutional or unconstitutional by going through a a series of painful legal contortions. The last vote on the ACA was 5-4 so obviously 4 or 5 Justices got it wrong, right??? So in theory, any party that controls the courts can keep striking down laws and force congress to go through the time consuming process of writing a new law that could again be ruled unconstitutional. See the problem here???

No, that's their job.

You were fine with (D) partisan SCOTUS doing so for decades, time to get some!!!

The court has been corrupted by partisan right wingers

LOL...no, the country has been corrupted by partisan anti-American lefty SCOTUS.

Trump and the Senate are rectifying that mistake.

The main point is; the Democratic Senators asked plenty of poignant questions, but they also used their time to illustrate the impact another right wing partisan would have on the court, and thus the future well being of the country.

Oh noes!!! (D)'s won't be able to abuse the judicial system to circumvent democracy and push their anti-American garbage on everyone, how terrible for them.

For those of us who don't want the totalitarian (D) state.......that's a good thing.

They also laid the groundwork for expanding or contracting the court(if Biden and the Democrats control comgress), by highlighting the rushed process to seat ACB, and Republican hypocrisy. The Democrats can justifiably posit that the Republicans politicized the court first, and that expanding or contracting the court is an appropriate response.

I'm sure the ignorant will lap those lies up.

For those of us who paid attention in our civics/US History classes, it will be a funny joke to beat leftist up with for a long time.
 
Props to Diane Feinstein. Clearly a staunch Democrat, no fan of Trump, not thrilled that she is in the process of confirming yet another Trump nominee.

If you want to see how an opposition Senator should comport themselves in this hearing, watch Senator Feinstein. She was respectful, kept the grandstanding to a minimum, asked questions that actually didn't run afoul of grading pervious cases or judges, or signaling future rulings. She was even complementary when she was impressed with ACB's answer.

The discussion of severability as it relates to the ACA was especially informative. As was stated, through severability, the Court favors keeping the legislation as best it can and severs the offending part if possible. The house of cards and Jenga analogies are good ones. If the main legislation can remain standing if the unconstitutional part is removed, then the Court prefers to do that. Good for Feinstein. So all this alarming bullshit about how it is a sure fact that a zillion people will lose their insurance if ACB is confirmed has been exposed.

There are many things that I have issue with in regards to Feinstein's positions on many subjects but I respect the way she has conducted herself.
 
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