Pat Oliphant by Pat Oliphant

Pat Oliphant

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  1. Simon_Jester

    Simon_Jester said, almost 4 years ago

    I love Sotomayor….unless Rush Limbaugh tells me otherwise

  2. Jase99

    Jase99 said, almost 4 years ago

    I love only who Fox News tells me to with out question. Everyone else is the unyielding spawn of Satan. I must make cheep, snide remarks against anyone Fox News tells me too. Fox News talking points are the absolute words of God. I must not think for myself, lest I anger Fox News and hurt the troops.

  3. nomad2112

    nomad2112 said, almost 4 years ago

    Like it will matter.

  4. Adora68

    Adora68 said, almost 4 years ago

    I love the fact that I’ve been put into a position where I’ll be considered a racist if I don’t profess love for The Anointed One’s choice, even though she’s a bigoted judicial activist.

    Not.

  5. humormehere

    humormehere said, almost 4 years ago

    Hey, She’s alright. I’m sure I won’t agree with her most of the time, but if she will have some semblance of using the US Constitution to decide cases, I’m ok with that.

    These folks are out of control, anyway…

  6. Anthony 2816

    Anthony 2816 said, almost 4 years ago

    It’s so tiring hearing people use the term “judicial activist” without knowing what it means, or else just using it to refer to liberal justices but not the conservative ones.

    “Innocent until proven guilty” is a prime example of judicial activism, Adora. Doesn’t appear anywhere in the Constitution. So I take it you’re against that concept?

  7. parker for a minute

    parker for a minute said, almost 4 years ago

    activist as opposed to inertist

  8. Anthony 2816

    Anthony 2816 said, almost 4 years ago

    Where are the screams about judicial activism from people like Adora for this?

    “For all the talk of “modesty” and “restraint,” the right wing Justices of the Court have a striking record of ignoring precedent, overturning congressional statutes, limiting constitutional protections, and discovering new constitutional rights: the infamous Ledbetter decision, for instance; the Louisville and Seattle integration cases, for example; the first limitation on Roe v. Wade that outright disregards the woman’s health and safety; and the DC Heller decision, discovering a constitutional right to own guns that the Court had not previously noticed in 220 years. Over and over, news reporting discusses “fundamental changes in the law” wrought by the Roberts Court’s right wing flank.”

    http://tinyurl.com/lkm6co

  9. believecommonsense

    believecommonsense said, almost 4 years ago

    ^ ditto the thought behind your post, Anthony.

    Also, since Roe v. Wade is now established precedent, which even Chief Justice Roberts has acknowledged it now is, then seeking to overturn it is “judicial activism” by definition.

  10. Michael Morrin

    Michael Morrin said, almost 4 years ago

    Ah Ha, I see someone is up on their Heinlein. Perhaps I should change my user ID to Manny Davis, since I do the same kind of work with a similiar relationship to the client. Your thoughts on this please, and you know who you are.

    Bye the bye, Republicans quit supporting REAL conservative judges a long time ago, since a truly conservative judge tends to think the Constitution actually means what it says, which proves embarrassing for Republican ideas. Witness Chief Justice Earl Warren, one of the most conservative governors California ever had, who, try as Republicans wanted, could not find the word ‘seperate’, associated with ‘equal’ in the Constitution, resulting in the Brown v Board of Education ruling and those following after. Nor could he find the word ‘maybe’ in the fifth amendment, resulting in the Miranda decision. No, republicans want activist judges too, just right wing activists.

  11. GNWachs

    GNWachs said, almost 4 years ago

    There are two different definitions of “judicial activism” floating around. After the Warren court wrote the laws they wanted the country to have eg Roe v Wade, Death Penalty- Miranda etc etc the accusations began. Being very clever the liberals responded see above and totally redefined the term.

    By the new definition if Congress voted to close the NYT and the SCOTUS overturned that they would be called activist. ANY law that Congress passes that is in direct conflict with the words of the constitution must be overturned. That is not activism that is mandatory.

    The problem with the Anthony/BCS view of a living constitution is every new appointee can then rewrite it to be what he wants. If an umpire wants 4 strikes to be out that is OK until the next umpire decides something else.

    My favorite ploy of the left is to actively change the law through a ruling and then say you must follow stare decisis.

    Heller was so obvious I was amazed at the pathetic dissent. This was the 2nd A right after freedom of speech, press etc. not #10 or #11. The RKBA is so basic in our country and the reason it was written was self defense and fear of an overbearing big government.

  12. lalas

    lalas said, almost 4 years ago

    GNW – then how does yelling “FIRE!” in a crowded theater fit in? It should be covered by the 1st, but it has been carved out and declared illegal.

    This argument relates to her comments about legislating from the bench. Where the law is gray, the courts color it in.

  13. GNWachs

    GNWachs said, almost 4 years ago

    lalas: this I love. Something I actually know. Freedom of speech can be tempered by “time, place or manner” (that is the law).

    The RKBA can be tempered exactly the same way- read Scalia’s opinion. He said examples of when the right may be abridged (in the written opinion) convicts, mentally ill, school zones, courthouses.

    BTW, one of my pet peeves -one may definitely shout fire in a crowded movie theater, but one cannot “falsely” shout fire…

  14. believecommonsense

    believecommonsense said, almost 4 years ago

    GNW, actually the Roe v. Wade decision was handed down in Jan. 1973 under Chief Justice Warren Burger, a Nixon appointee who was considered a conservative and a strict constructionist.

    And I don’t think it’s a clever twist of words to say that concerted attempts to overturn Roe v. Wade, an established precedent, is to advocate “judicial activism.”

  15. Anthony 2816

    Anthony 2816 said, almost 4 years ago

    Wachs: “My favorite ploy of the left is to actively change the law through a ruling and then say you must follow stare decisis.”

    This brings up three thoughts. First, I take it when the right does this, it’s okay with you?

    Second, are you suggesting that stare decisis should be abandoned?

    Third, if an appellant judge is confronted with a case that the black-letter law, as written, doesn’t quite cover, or it isn’t clear how it covers it, what should happen? Should the case just be put in limbo until the legislature can make a more specific law for that particular case (writing new law to cover an existing case, in other words)? Or should the judge make a decision on the case, creating precedent, and then be subjected to howls of “judicial activism” from the right?

    If you’re against judicial activism, and choose the first option, explain given the sheer number of cases decided daily how our legislatures would deal with the workload.

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