13 thoughts on “The New SCOTUS”

  1. I have somewhat mixed feelings on this. I’m a libertarian on most issues, and abortion is not an exception (I’m pro choice). However, I’m also constitutional conservative, and that matters more to me than abortion. So, while I hope the court doesn’t overturn Roe (Which I think would be a political disaster as well as the wrong thing to do) I’m willing to risk that, if it means getting more like Gorsuch and Kavenaugh.

    Oh, and if Ginsburg’s seat becomes vacant, I do hope Trump will pick a true rock-ribbed conservative to replace her, simply because so doing would make lefty heads explode.

    1. The big fight in recent years has been about restrictions on abortion that were explicitly allowed in Roe. Right now, in many states, it’s possible to get an abortion all the way to 40 weeks. This is impossible in almost any other western country. When restrictions are put on (to match those in say, France), Fed judges often slap them down for mysterious “health”issues.

      I believe that there is currently a 70-80% consensus on abortion in the US. Most pro-lifers don’t like it at all on moral grounds, but they will hold their noses if it is restricted to a time approaching viability (say 20 to 26 weeks). They definitely don’t want for Fed $ to pay for something that is almost always an elective surgery. Pro-choicers don’t want any restrictions, but will live with getting rid of at least 3rd trimester procedures.

      Only a few radical people won’t live at all with some compromise arrangement. The tragedy of Roe was that it took an essentially political issue and twisted it into a constitutional right. It will be tricky to slowly unravel.

      I saw a pre-screening of the movie Gosnell last week. Highly recommended and it will definitely change a lot of people’s minds about late term abortions.

    2. “Oh, and if Ginsburg’s seat becomes vacant, I do hope Trump will pick a true rock-ribbed conservative to replace her, simply because so doing would make lefty heads explode.”

      Yeah looking forward to that as well; especially if he picks Amy Comey. After that I understand that Sonia Sotomayor has health issues; diabetes I think. If she had to resign for reasons of health during Trump’s tenure; we could easily be looking at three SCOTUS appointments.

      1. Plus Amy Comey would be immune entirely from the MeToo crowd (not to say that MeToo would re-image themselves in order to find some measure of separation from that appointee)

        1. Oh, they will find something to complain about…that she’s white, a breeder, a religious zealot, etc.

          And then they will fabricate something heinous – another sex scandal, or maybe drugs. Or both.

          Hopefully by that time ChiFi will not be on the committee.

      2. Breyer is 80 and Ginsburg is 85 so, from an actuarial standpoint, the odds of at least one more vacancy due to the incumbent being carried out feet-first is pretty good.

        Trump would need two more to tie Reagan and three more to tie Jackson, Lincoln and Eisenhower. The record is 11 by Washington – who appointed the entire first SCOTUS. FDR appointed nine and had eight confirmed. I think the ninth was from his court-packing attempt. William Howard Taft, of all people, appointed six.

    3. If Roe were about any other issue, no man or woman who has any respect for the rule of law could fail to want it reversed at the first opportunity.

  2. Kavanaugh has gone on record saying that “assault rifle” bans are unconstitutional. Looking forward to the NRA lawyers going after the unconstitutional gun laws here in California.

  3. I am willing to bet that SCOTUS will strike down racial preferences except in very limited circumstances in the next two years.

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