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Thread: The Supreme Court, bastion of conservatism

  1. #121
    It is NOT a monkey! creekster's Avatar
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    Quote Originally Posted by old_gregg View Post
    shocking conclusion from a bunch of upper middle class white males that the issue is a lack of market predominance.
    Shocking response from someone who likes to imply he makes more than anyone else and is smarter than us all, while rarely saying what he thinks.
    PLesa excuse the tpyos.

  2. #122
    Striving for mediocrity Art Vandelay's Avatar
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    I really enjoyed (and agree) with SU’s post. Though not as fun as the Mormon or basketball takes. It’s good to be reminded how smart of cat(blue) the gentleman from the Emerald City is.

  3. #123

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    Quote Originally Posted by Art Vandelay View Post
    I really enjoyed (and agree) with SU’s post. Though not as fun as the Mormon or basketball takes. It’s good to be reminded how smart of cat(blue) the gentleman from the Emerald City is.
    Weird post, typo notwithstanding; if you want to peg (or be pegged by) SU, just send him a PM. No need to beat around the bush.
    Prepare to put mustard on those words, for you will soon be consuming them, along with this slice of humble pie that comes direct from the oven of shame set at gas mark “egg on your face”! -- Moss

    There are three rules that I live by: never get less than twelve hours sleep; never play cards with a guy who has the same first name as a city; and never get involved with a woman with a tattoo of a dagger on her body. Now you stick to that, and everything else is cream cheese. --Coach Finstock

  4. #124
    Striving for mediocrity Art Vandelay's Avatar
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    Quote Originally Posted by Donuthole View Post
    Weird post, typo notwithstanding; if you want to peg (or be pegged by) SU, just send him a PM. No need to beat around the bush.
    I tried. I bought him dinner and (sorry mpf, I don’t recall what) and I didn’t get so much as a goodnight kiss. It felt like prom all over again

  5. #125
    Bald not naked Pelado's Avatar
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    Quote Originally Posted by Art Vandelay View Post
    I tried. I bought him dinner and (sorry mpf, I don’t recall what) and I didn’t get so much as a goodnight kiss. It felt like prom all over again
    He must have thought you were too easy. SU likes to play the game.
    "I think it was King Benjamin who said 'you sorry ass shitbags who have no skills that the market values also have an obligation to have the attitude that if one day you do in fact win the PowerBall Lottery that you will then impart of your substance to those without.'"
    - Goatnapper'96

  6. #126

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    Quote Originally Posted by creekster View Post
    Shocking response from someone who likes to imply he makes more than anyone else and is smarter than us all, while rarely saying what he thinks.
    i never implied i made more than anyone and i believe i just said what i was thinking. sorry you’re self conscious bro, but it’s normal for for your t levels to go down with age. maybe ask your dr for some of those new supplements?
    Te Occidere Possunt Sed Te Edere Non Possunt Nefas Est.

  7. #127
    Faith crisis consultant SeattleUte's Avatar
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    Quote Originally Posted by old_gregg View Post
    shocking conclusion from a bunch of upper middle class white males that the issue is a lack of market predominance.
    Here in Seattle we have capitalists from all colors of the rainbow. But radical leftists, most of them white, spew invective against the immigrants who work for tech. The irony and hypocrisy is shocking, their kinship with Trump people in Texas and Arizona who say the same things about Latin Americans—taking our jobs, filling up our schools, driving up housing prices.

    Of course Bernie Sanders was just the left’s Trump. Fortunately, Trump’s nativism and protectionism has made Sanders seem passé. But then the radical left is blind to such nuance.
    When a true genius appears, you can know him by this sign: that all the dunces are in a confederacy against him.

    --Jonathan Swift

  8. #128
    My Mic Sounds Nice falafel's Avatar
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    Quote Originally Posted by old_gregg View Post
    i never implied i made more than anyone and i believe i just said what i was thinking. sorry you’re self conscious bro, but it’s normal for for your t levels to go down with age. maybe ask your dr for some of those new supplements?
    You don't need a prescription. Just send a text!
    Ain't it like most people, I'm no different. We love to talk on things we don't know about.

    "The only one of us who is so significant that Jeff owes us something simply because he decided to grace us with his presence is falafel." -- All-American

    GIVE 'EM HELL, BRIGHAM!

  9. #129

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    Quote Originally Posted by falafel View Post
    You don't need a prescription. Just send a text!
    forhims.com: boner pills from vietnam on your doorstep within a week or they’ll refund your bitcoin
    Te Occidere Possunt Sed Te Edere Non Possunt Nefas Est.

  10. #130
    Princeps Inter Pares
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    Quote Originally Posted by SeattleUte View Post
    This is not interesting, as far as it goes. Of course he’s resigning so that Trump and not a Democratic President can appoint his successor. Ginsburg should have resigned during Obama for a similar reason.

    What’s interesting is to read the subtext of his resignation at this time—what it tells you about how he reads the direction of a future Supreme Court with a Trump apointee replacing him. Here is what almost everyone is missing. The great issues of the day are business related issues, not social issues.

    Justice Kennedy is as radical as any judge gets about social issues. He wrote the same sex marriages opinions. But he’s very libertarian as to the business related issues. He’s not worried that Trump appointees will overturn Roe or undoe same sex marriage as a Constitutional right. Yes, they will restrict abortion at the margins, and balance same sex liberty against religious liberty and property rights as they recently did. But the landmark civil rights opinions will stand.

    Undoing these, whether Brown v. Board, Roe, or same sex, is a pipe dream. There are two reasons for this. First, these conservative justices are bred in the bone members of the federal judiciary priesthood. They care more about that than their Catholic faith. They understand stare deciis and they aren’gt going go make case law that upends established case law and around which societal expections and norms have been developed. Stare decisis is important to blue bloods like these guys.

    Second, the Court is super sensitive to the political will. I regard this restraint its saving grace more than any strict construction of the Constitution. The fact is that an overwhelming majority of Americans don’t watn the iconic civil rights cases overturned, including Roe. That’s why that case law exists.

    Now, to me its a supreme irony that the business related issues are almost ignored. The biggest threat to our liberty right now is the radical left’s overt hostility to our business communities. Every country that cares about civil rights became that way after economic prosperity. Economic prosperity is a precondition to a decent, free society. Just look at Europe and more recently China. We hear all the time the original, unamended Constitution disparaged for its preoccupation with property rights. This was a part of its genius. America is great because of capitalism, the most successful ideology in the history of the world.

    This musn’t be taken for granted. At a more concrete level, see how the radical left cares nothing about the working class and poor, who are most directly hurt by their extreme opposition to fossils fuels and growth. They care more about a theoretical risk to trees than the current suffering of humans. But guess what, if we’re gong to be saved from climate change, that marriage of business and science we call technology, not sustainability, is going to do it. Who gets hurt most if a pipeline terminal in Bellingham Washington doesn’t get built? Not liberal Seattle elites. It’s people who spend a greater share of their income on consumer goods including gasoline, and laborers who would build such things.

    Here in Seattle we received an object lesson. The City Council, which includes a couple of avowed socialists (clueless to the 100 million people murdered in the 20th century in the name of National SOCIALISM (NAZI) and USSOCIALISTR), last month passed a “head tax”, a tax on jobs ostensibly to fund “affordable housing”. Seattle essentially has no unemployment, but Amazon is being blamed for the homeless crisis (homelessness is caused by drug additional and mental illness, not rising rents that are occurring apace wiht rising wages and job creation, but that’s a topic for another thread). The City Council heald a rally in support of the head tax at Amazon’s glass orbs. THE IRONWORKERS’ UNION members showed up and drowned out the rally with shouts, “NO Head tax!” They passed the ordinance anyway, then repealed it after 45,000 signatures were collected in a week to put it on the ballot.

    Now, back to Kennedy. He realizes that the boring business related issues are the issue fo the day. The crazy attacks on tech, that has done nothing but made our lives better, the scapegoating of facebook for Trump’s victory etc. Tax and environmental issue. He feels that the social issues he cares deeply about are safe; he’ll let the conservative court nibble away at the edges of those. Gay couples have plenty of options for wedding cake bakers. Clearly he feels that as to the social issues, the key civil rights issues have been won and settled for good. But in the interest of America and liberty, he wants to insure that the a conserviate court continues to decide the issues of the day that truly matter to ordinary Americans’ health and and prosperity and even liberty.
    All of which goes to show how badly liberals misunderstood his legacy, thinking he was one of them because he signed off on a few social issues.

    In fact, he was not much of an ally even on the social issues. The hallmark of his opinions were that they were poorly written, poorly reasoned, and scoped so as to move the needle hardly at all on any other issue, or even any other case, than the one at hand. The recent Masterpiece Cakeshop case is a classic example: though he cobbled together an ostensible 7-2 majority, his opinion depended upon so many arcane, unrepeatable facts that the decision decided essentially nothing and left no reasoning or precedent for the next generation of cases to follow. The gay marriage decisions are hardly different. It took three bites at the apple for the Court to finally arrive at its predestined outcome, and when it did, Justice Kennedy's opinion-- so badly written, as Justice Scalia described it, that if he were ever to join a similarly worded opinion, "even as the price to be paid for a fifth vote," he "would hide [his] head in a bag"-- rather than base his reasoning on the at least marginally defensible equal rights arguments most of the left adopted, he found the right to marriage to independently spring from the due process clause, effectively showing the basis of the Court's opinion to be that this is what it felt like doing that day and ensuring that it would move the ball in almost no other circumstances. Some commentators are wondering if this was intentional: by deciding the issue on the least broad, mostly unpersuasive, and all-around sui generis basis available, he rendered decisions that were popular as to outcome, risible as to reasoning ("descended," as Scalia put it, "from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie"), and thus helpful to no other social cause whatsoever. Stupid like a fox? Perhaps.

    Whether his social decisions stand is an open question, though I agree the gay marriage cases almost certainly will. The beauty of a discretionary docket is that the Court gets to pick its battles, and it is unlikely to pick a fight with a one-off issue of so little consequence beyond the question of gay marriage itself (and thus the tepid scope of Kennedy's opinions may be their saving grace). I suspect the abortion question is more ripe for the taking. But these are, as SU notes, tangential to the more important questions. Justice Scalia often reminded his audiences that the Bill of Rights, though the focus of many students of the constitution and of the public at large, was a mere afterthought, and not worth much without a robust governmental structure able to give it effect. When you get the structural questions right, the rights questions will sort themselves out in the long run. Justice Kennedy may have disappointed conservatives on some of the rights questions, but he was an conservative ally on the structural questions, and his decision to make way for Justice Kavanaugh to replace him confirms it.
    τὸν ἥλιον ἀνατέλλοντα πλείονες ἢ δυόμενον προσκυνοῦσιν

  11. #131
    Adventurer Walter Sobchak's Avatar
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    This is some serious bullshit:

    But when it came to food, the future Supreme Court pick found hardly anything palatable, Christmas said. Kavanaugh was a “bland eater,” his roommate explained, who never ate his pasta with anything more exotic than tomato sauce or ketchup on top.
    You're actually pretty funny when you aren't being a complete a-hole....so basically like 5% of the time. --Art Vandelay

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  12. #132
    Pre-Historic Man
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    Quote Originally Posted by Walter Sobchak View Post
    Who has ever eaten pasta with ketchup? That is preposterous and makes regurgitation desirable.
    "Guitar groups are on their way out, Mr Epstein."

    Upon rejecting the Beatles, Dick Rowe told Brian Epstein of the January 1, 1962 audition for Decca, which signed Brian Poole and the Tremeloes instead.

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