DSD on the Democratic Presidential Supreme Court picks……
I’m sure it’s my own blinders, but it seems as if Democratic Presidents appoint reasonable but rather spongy moderates (Breyer, Ginsburg, Sotomayor) while Republicans appoint true-believing ideologues (Roberts, Alito, Scalia, Thomas), with only Anthony Kennedy as more of a technical or non-ideological lawyer. I haven’t checked the sequence, but someone said that recent justices have always been replaced by someone more conservative or less liberal.
And as I’ve often said……
………..with the departure of Souter and O’Connor, there seems to be no one on the court who’s had regular experience, as a prosecutor, trial-level judge or public defender, with the way that motions are handled, testimony originally given and juries addressed at the pre-appellate level. This gives something of an unrealistic air to their theoretical expectations of (for example) what is an improper influence on a juror or an unreasonable burden on a defendant or plaintiff. A possible exception might be Thomas’s service in the Missouri Attorney General’s office, depending on what kind of work this involved (appeals or trial-level prosecutions and lawsuits).
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That was me, not Ill. Brand
Don’t brand him with my ill-informed views, or credit me for his well-informed ones.
With advanced thanks (no doubt from both of us).
Comment by Democratic Socialist Dave | May 16, 2010 |
Ooops!
I’ll make it right!
Comment by jamesb101 | May 16, 2010 |
[…] This post was mentioned on Twitter by James Finley. James Finley said: Illinois Brandon on the Democratic Presidential Supreme Court picks……: http://wp.me/pAL4p-2SH […]
Pingback by Tweets that mention Illinois Brandon on the Democratic Presidential Supreme Court picks…… « PoliticalDog101.com -- Topsy.com | May 16, 2010 |
Let’s look, as best we can, at that theory about more conservative successors (I haven’t taken the time to establish a clean starting year, because I want to go out tonight).
See:
http://en.wikipedia.org/wiki/List_of_Justices_of_the_Supreme_Court_of_the_United_States_by_seat
CJ: Warren > Burger > Rehnquist > Roberts
AJ 1: Wm Brennan > Souter > Sotomayor
AJ 2: Arthur Goldberg > Abe Fortas > Blackmun > Breyer
AJ 3: Wm O. Douglas > Stevens > [Kagan ?]
AJ 4: Hugo Black > Lewis Powell > Kennedy
AJ 6: Byron White > Ginsburg
AJ 8: Potter Stewart > O’Connor > Alito
AJ 9: John M. Harlan > Rehnquist > Scalia
AJ X: Tom Clark > Thurgood Marshall > Thomas
Comment by Democratic Socialist Dave | May 16, 2010 |
Remember that no Democratic President had a chance to nominate Justices between LBJ (who flubbed the nominations of Byron White as Chief Justice and Homer Thornberry to succeed White) and Bill Clinton, or from 1969 to 1993. The only Democratic Presidency during those 24 years was the 4 years of Jimmy Carter who had no chance (unlike Gerald Ford during his 2 1/2 years) to appoint a Justice. So no Democratic appointees between Thurgood Marshall in 1967 and Ruth Bader Ginsburg in 1993. It’s not surprising that the Republican Presidents of those years (Nixon, Ford, Reagan and G.H.W. Bush) would be likely to appoint Justices who were no more liberal, and probably less so, than those appointed by FDR, Truman, JFK and LBJ.
Comment by Democratic Socialist Dave | May 16, 2010 |
Let me correct that straightaway, Fortas not White:
Remember that no Democratic President had a chance to nominate Justices between LBJ (who flubbed the nominations of Abe Fortas as Chief Justice and Homer Thornberry to succeed Fortas) and Bill Clinton, or from 1969 to 1993.
Comment by Democratic Socialist Dave | May 16, 2010
And while some may remember the scandals or hints of scandal that torpedoed Fortas’s nomination to the Chief Justiciate, you should also note that he was the lawyer who successfully argued for an indigent prisoner’s right to counsel in Clarence Earl Gideon versus Wainwright (1963).
Comment by Democratic Socialist Dave | May 16, 2010 |
Kagan is a dangerous pick to liberty
she wants to suppress freedom of the press
Liberals & Conservatives
should be opposed to her nomination
http://thehill.com/blogs/blog-briefing-room/news/98067-new-gop-argument-against-kagan-she-could-ban-books
I know my comments are thrown to the wayside,,, but I am telling this gang something horrible is happening to this nation
The positions of power have been infiltrated by Nazis
this nation was always on the LOOKOUT to be attacked
but WE have no SAFEGUARDS against INFILTRATION
Comment by Timothy Leal | May 16, 2010 |
Elena Kagan would be ONE JUSTICE….
She maybe strong but cannot turn the whole court to a direction she had back in the past….
Comment by jamesb101 | May 17, 2010 |
never underestimate the influence of a female
Comment by Timothy Leal | May 17, 2010 |
Agreed…..
But this would a REAL HEAVY LIFT……
Comment by jamesb101 | May 17, 2010 |