What will last of Trump?

[Dill]

(07-19-2018, 01:29 PM)michaelsean Wrote: Why wouldn't the Democrats want a Souter repeat?  Or do you mean they don't want their own Souter?

I don't believe in trying to predict how someone will vote when on the bench.  Considering Roe V Wade or any case settled law should not be a requirement.  The Supreme Court has reversed itself before, and we shouldn't hand pick special cases that are off limits.  That being said,  Roe has been around 45 years, and none of the crazies seems to have managed to overturn it despite all the dire predictions.

And you'll forgive if i'm not convinced that a 7-2 liberal lean on the court would bother you.

Each side wants the other side to nominate a Souter, neither wants to nominate one.

Determining judicial philosophy isn't so far from predicting how someone will vote. And NO ONE is going to nominate someone or vote for him/her without considering both philosophy and past rulings by that person--even if no one can really predict/control what an individual will do once nominated.

My concern here is that the Federalist Society has put together a list of nominees with the goal of, among other things, undoing R v Wade. So a special interest group will be assuming a responsibility for nomination which the president has abdicated.  It is probably in his power to so abdicate the responsibility, but again that is the problem with giving this type of person that kind of power.

Also, the reference to "settled law" is not about picking cases to be off limits. It is about respect for precedent and resisting special interests.

Let's just say that a 5-4 liberal lean would not bother me. And yes, quite a lot could go wrong with a 7-2 liberal court. I have lots of great ideas about what should be law, but some would produce great resistance and problems if enacted, and so, great as they are, are unrealistic. Resistance and accountability are important to crafting workable laws. It's not clear a 7-2 court would have that. Further, a court which appears to represent a party de-legitimizes a branch of government. I take checks and balances seriously.