Supreme Court Justice Scalia has passed away

“We also recognize another important limitation on the right to keep and carry arms. ‘Miller’ said, as we have explained, that the sorts of weapons protected were those ‘in common use at the time.’ 307 U.S., at 179, 59 S.Ct. 816. We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons.’”

I was incorrect, he did not use the term assault weapons, but he did support the ban on "dangerous and unusual weapons."

I'm not sure if you ever do any reading, but there was a book written some time back called "Unintended Consequences" that kind of dug into the Miller Case. And the author made a fair point that it might have been gone the other way as well as making the NFA 1934 null and void had it been argued at the SCOTUS level.

The remainder of the book leaves a lot to be desired IMO, but the historical portions are eye opening.

ETA: By argued, I mean the legal counsel actually showing up and arguing against the US's case.
 
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I honestly don't know anything about most of this "list" but I figure some of our legal types would know a few of the names and possibly shed some insight:

Supreme Court Short List? Deep bench of potential nominees to succeed Scalia | Fox News

TL;DR list:

  • Loretta Lynch, attorney general
  • Judge Patricia Millett, U.S. Court of Appeals for the District of Columbia Circuit
  • Judge Sri Srinivasan, U.S. Court of Appeals for the District of Columbia Circuit
  • Judge Paul Watford, 9th Circuit U.S. Court of Appeals
  • Judge Jacqueline Hong-Ngoc Nguyen, 9th Circuit U.S. Court of Appeals
  • Kamala Harris, California attorney general
  • Kathryn Ruemmler, former Obama White House Counsel
  • Judge Jane Kelly, 8th Circuit U.S. Court of Appeals
  • Judge David Barron, 1st Circuit U.S. Court of Appeals
  • Judge Diane Wood, 7th Circuit U.S. Court of Appeals
  • Judge Merrick Garland, D.C. Circuit U.S. Court of Appeals
  • Paul Clement, former U.S. solicitor general
  • Judge Brett Kavanaugh, D.C. Circuit U.S. Court of Appeals
  • Judge Diane Sykes, 7th Circuit U.S. Court of Appeals
  • Sen. Mike Lee, Republican from Utah
 
I'm not sure if you ever do any reading, but there was a book written some time back called "Unintended Consequences" that kind of dug into the Miller Case. And the author made a fair point that it might have been gone the other way as well as making the NFA 1934 null and void had it been argued at the SCOTUS level.

The remainder of the book leaves a lot to be desired IMO, but the historical portions are eye opening.

ETA: By argued, I mean the legal counsel actually showing up and arguing against the US's case.

My life is reading and writing, sir. Who wrote the book you are speaking of, so I can check it out?


Space Coast - It is gray language, but it's difficult to write a 100 pages and not have something that will not be perfectly clear.
 
The Republicans must block anyone this far left hack puts up. If they allow his nominee to go through and the morons in the country elect hillary, the court will be far far left for a very long time.
 
I honestly don't know anything about most of this "list" but I figure some of our legal types would know a few of the names and possibly shed some insight:

Supreme Court Short List? Deep bench of potential nominees to succeed Scalia | Fox News

TL;DR list:

  • Loretta Lynch, attorney general
  • Judge Patricia Millett, U.S. Court of Appeals for the District of Columbia Circuit
  • Judge Sri Srinivasan, U.S. Court of Appeals for the District of Columbia Circuit
  • Judge Paul Watford, 9th Circuit U.S. Court of Appeals
  • Judge Jacqueline Hong-Ngoc Nguyen, 9th Circuit U.S. Court of Appeals
  • Kamala Harris, California attorney general
  • Kathryn Ruemmler, former Obama White House Counsel
  • Judge Jane Kelly, 8th Circuit U.S. Court of Appeals
  • Judge David Barron, 1st Circuit U.S. Court of Appeals
  • Judge Diane Wood, 7th Circuit U.S. Court of Appeals
  • Judge Merrick Garland, D.C. Circuit U.S. Court of Appeals
  • Paul Clement, former U.S. solicitor general
  • Judge Brett Kavanaugh, D.C. Circuit U.S. Court of Appeals
  • Judge Diane Sykes, 7th Circuit U.S. Court of Appeals
  • Sen. Mike Lee, Republican from Utah

On that list I prefer Sri Srinivason. I think he is the most likely nominee and the one that the Republicans would have the least fodder to object to out of a realistic Obama nominees. He worked as the Deputy Solicitor General in the Obama administration. He worked in the Office of the Deputy Solicitor General in the Bush administration. He clerked for O'Connor, a Reagan appointee. He also did a clerkship for another federal judge who was a Reagan appointee. He has significant legal and judicial experience and has argued several cases before SCOTUS. He has been a lecturer at Harvard Law. By all accounts, a very smart man with the correct temperament for the job.
 
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My life is reading and writing, sir. Who wrote the book you are speaking of, so I can check it out?

I'm not even sure it's in print any more. It's out there on the hairy fringe in a lot of places and wildly one sided in the rest.

Edit to keep Space from sending me noodes
 
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I honestly don't know anything about most of this "list" but I figure some of our legal types would know a few of the names and possibly shed some insight:

Supreme Court Short List? Deep bench of potential nominees to succeed Scalia | Fox News

TL;DR list:

  • Loretta Lynch, attorney general
  • Judge Patricia Millett, U.S. Court of Appeals for the District of Columbia Circuit
  • Judge Sri Srinivasan, U.S. Court of Appeals for the District of Columbia Circuit
  • Judge Paul Watford, 9th Circuit U.S. Court of Appeals
  • Judge Jacqueline Hong-Ngoc Nguyen, 9th Circuit U.S. Court of Appeals
  • Kamala Harris, California attorney general
  • Kathryn Ruemmler, former Obama White House Counsel
  • Judge Jane Kelly, 8th Circuit U.S. Court of Appeals
  • Judge David Barron, 1st Circuit U.S. Court of Appeals
  • Judge Diane Wood, 7th Circuit U.S. Court of Appeals
  • Judge Merrick Garland, D.C. Circuit U.S. Court of Appeals
  • Paul Clement, former U.S. solicitor general
  • Judge Brett Kavanaugh, D.C. Circuit U.S. Court of Appeals
  • Judge Diane Sykes, 7th Circuit U.S. Court of Appeals
  • Sen. Mike Lee, Republican from Utah



I've seen the list and am not familiar with any of them. I've had cases in the court of appeals, the 11th Circuit, but none with these folks or their courts.

The common wisdom now is that, because there is zero chance of a confirmation, Obama will appoint someone that appeals to a significant voting block. An Hispanic male, for example. The GOP nominee will have to be against him, and that will hurt in the general.

A sacrificial lamb, so to speak.
 
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In 2007, Schumer said they should block any nominee Bush put up for the SC because he only had 1.5 year left in his term, I am sure Chucky will keep that same message for barry since he only has 11 months left
 
On that list I prefer Sri Srinivason. I think he is the most likely nominee and the one that the Republicans would have the least fodder to object to out of a realistic Obama nominees. He worked as the Deputy Solicitor General in the Obama administration. He worked in the Office of the Deputy Solicitor General in the Bush administration. He clerked for O'Connor, a Reagan appointee. He also did a clerkship for another federal judge who was a Reagan appointee. He has significant legal and judicial experience and has argued several cases before SCOTUS. He has been a lecturer at Harvard Law. By all accounts, a very smart man with the correct temperament for the job.

I've seen the list and am not familiar with any of them. I've had cases in the court of appeals, the 11th Circuit, but none with these folks or their courts.

The common wisdom now is that, because there is zero chance of a confirmation, Obama will appoint someone that appeals to a significant voting block. An Hispanic male, for example. The GOP nominee will have to be against him, and that will hurt in the general.

A sacrificial lamb, so to speak.

So between the two of you, anyone on this list that should have been added? In your opinion of course.

(for other than political reasons LG, realistic nominee)
 
In 2007, Schumer said they should block any nominee Bush put up for the SC because he only had 1.5 year left in his term, I am sure Chucky will keep that same message for barry since he only has 11 months left


I see someone got their talking points email/facebook/Drudge Report today.
 
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So between the two of you, anyone on this list that should have been added? In your opinion of course.

(for other than political reasons LG, realistic nominee)


Not really.

I do know of one judge on the 11th circuit who is rumored to be on some short lists, but just a rumor.
 
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Since we had a liberal President and he was replacing a liberal justice he probably lobbied for her (taking your word for it) because he respected her within the context of still being ideologically so different. However, now we have the same liberal President wanting to replace a conservative seat during an election year drastically altering the make-up of the court. Two different scenarios. You can surely see that.
 
On that list I prefer Sri Srinivason. I think he is the most likely nominee and the one that the Republicans would have the least fodder to object to out of a realistic Obama nominees. He worked as the Deputy Solicitor General in the Obama administration. He worked in the Office of the Deputy Solicitor General in the Bush administration. He clerked for O'Connor, a Reagan appointee. He also did a clerkship for another federal judge who was a Reagan appointee. He has significant legal and judicial experience and has argued several cases before SCOTUS. He has been a lecturer at Harvard Law. By all accounts, a very smart man with the correct temperament for the job.

Replacing a conservative with a left leaning moderate would not be acceptable.
 
Obama- self appointee

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I honestly don't know anything about most of this "list" but I figure some of our legal types would know a few of the names and possibly shed some insight:

Supreme Court Short List? Deep bench of potential nominees to succeed Scalia | Fox News

TL;DR list:

  • Loretta Lynch, attorney general
  • Judge Patricia Millett, U.S. Court of Appeals for the District of Columbia Circuit
  • Judge Sri Srinivasan, U.S. Court of Appeals for the District of Columbia Circuit
  • Judge Paul Watford, 9th Circuit U.S. Court of Appeals
  • Judge Jacqueline Hong-Ngoc Nguyen, 9th Circuit U.S. Court of Appeals
  • Kamala Harris, California attorney general
  • Kathryn Ruemmler, former Obama White House Counsel
  • Judge Jane Kelly, 8th Circuit U.S. Court of Appeals
  • Judge David Barron, 1st Circuit U.S. Court of Appeals
  • Judge Diane Wood, 7th Circuit U.S. Court of Appeals
  • Judge Merrick Garland, D.C. Circuit U.S. Court of Appeals
  • Paul Clement, former U.S. solicitor general
  • Judge Brett Kavanaugh, D.C. Circuit U.S. Court of Appeals
  • Judge Diane Sykes, 7th Circuit U.S. Court of Appeals
  • Sen. Mike Lee, Republican from Utah

These three would be the only ones potentially acceptable.
 
None of the ones on the list are even close to a Scalia. Where is someone close to a Scalia? Someone like a Bork.
 
“We also recognize another important limitation on the right to keep and carry arms. ‘Miller’ said, as we have explained, that the sorts of weapons protected were those ‘in common use at the time.’ 307 U.S., at 179, 59 S.Ct. 816. We think that limitation is fairly supported by the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons.’”

I was incorrect, he did not use the term assault weapons, but he did support the ban on "dangerous and unusual weapons."

When we have to over throw our tyrannical government are you going to use a muzzleloader?
 
Since we had a liberal President and he was replacing a liberal justice he probably lobbied for her (taking your word for it) because he respected her within the context of still being ideologically so different. However, now we have the same liberal President wanting to replace a conservative seat during an election year drastically altering the make-up of the court. Two different scenarios. You can surely see that.

So...

Assuming that Trump get the WH and a liberal justice retires, would you lobby for Trump to appoint a liberal judge?

And why should the court stay in its present makeup? right now there are 4 republican appointees and 4 dem appointees. It is hardly a lopsided court.
 
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