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Tom
Big Wall climber
San Luis Obispo CA
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"George Mason University President Ángel Cabrera told the community in an email today that its law school will be renamed the Antonin Scalia School of Law in honor of the recently deceased justice."
Maybe, just maybe, they should have checked the acronym ..........or maybe they did.
Antonin Scalia School for Highly Opinionated Law Exposition
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JEleazarian
Trad climber
Fresno CA
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Apr 11, 2016 - 10:54am PT
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[15 former ABA presidents said]. . . the Republicans' stance is injecting politics into the judiciary.
That's pretty cheeky, considering what became of the Robert Bork nomination, but then that's why I quit the ABA twenty years ago. For many years, I was a member of the secured lending subcommitte of the Business Bankruptcy Committee of the ABA Business Law section. When we raised issues concerning needed changes in Article 9 and bankruptcy law, we got nowhere within the ABA as a whole. Their attitude was "Oh, that's business law. How boring!"
They had long since become just another cog in the Democrats' machine. I was a conservative holdout, but it got to the point where my retention of ABA membership sent the wrong signal to those who knew what was up. It's no coincidence that Lois Lerner tried to use the ABA to sanitize her and the Service's illegal vendetta against conservatives.
I also found it interesting that Tom used the example of Justice Brennan's nomination. Brennan was a great liberal jurist appointed by Eisenhower. I'm sure if Obama had appointed a conservative (i.e. someone who thinks the text matters), it would be the Democrats that would be in stall mode.
John
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Norton
Social climber
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Apr 11, 2016 - 11:05am PT
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Blah Blah tried:
Oh, and Norton--you're even more out of it than you usually are by suggesting that the Repubs refusing to confirm Garland is somehow hurting them on cases before SCOTUS. True, they will now have 4-4 ties (which is a win or loss, depending on the lower court ruling). When Scalia was alive, they would win 5-4. When a lib's on the court, they'll lose 5-4.
wow, do you not understand that last week's case was a "union" appeal?
and that a "liberal" 5th justice would have only further upheld the union?
a 5th justice would at least made it more possible to overturn the lower court
instead the court deadlocked at 4-4, leaving the lower court ruling in favor of the union in place
really, blah blah, make a better effort to understand before posting....
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Fat Dad
Trad climber
Los Angeles, CA
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Apr 11, 2016 - 11:06am PT
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That's pretty cheeky, considering what became of the Robert Bork nomination You'll have to refresh my recollection on this one John. I don't remember the ABA having any involvement in that process. My understanding was that Bork did himself in my taking such a remote, deistic view of the court's role, calling it an "intellectual feast".
Also, I would disagree that the ABA is a partisan organization. For every liberal consumer attorney there is a conservative tax or business attorney, etc.
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JEleazarian
Trad climber
Fresno CA
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Apr 11, 2016 - 11:21am PT
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My response was in calling what the Republicans are doing "injecting" politics into the confirmation process, implying that they are the first to do so. Bork was highly qualified, and calling the position "an intellectual feast" always sounded, to me, like a fairly accurate job description.
And the ABA as a whole did not take particularly partisan positions on judicial nominations, or political issues generally, until the 1980's, when the left took over the organization. It's not dissimilar to what happened to the New England Journal of Medicine, although I'm sure Ken will vehemently disagree.
John
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JEleazarian
Trad climber
Fresno CA
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Apr 11, 2016 - 11:29am PT
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Amen, DMT. That was my point. Incidentally, the expression is to hoist on your own petard, a petard being a type of sword.
john
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healyje
Trad climber
Portland, Oregon
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Apr 11, 2016 - 11:32am PT
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The difference is Bork got an up/down vote in a dem-controlled senate within four months of being nominated.
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Toker Villain
Big Wall climber
Toquerville, Utah
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Apr 11, 2016 - 11:35am PT
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I think DMT was making a joke, and a petard was an early type of grenade.
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Fat Dad
Trad climber
Los Angeles, CA
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Apr 11, 2016 - 11:44am PT
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And the ABA as a whole did not take particularly partisan positions on judicial nominations, or political issues generally, until the 1980's, when the left took over the organization. So if the ABA has not previously gotten involved in the confirmation process to your knowledge, I don't understand why that would undercut their standing to ask that the Senate to avoid partisanship in this instance? Even if we accept your representations that the organization took a left turn in the 80s, it seems to have avoided participation in the political process.
For what it's worth, this is the first instance I've seen since becoming a lawyer in 1990 where the ABA has spoken on the confirmation process. I don't think that's a sign that they've gone left. I think it's a sign the a Senate has gone that far right.
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ontheedgeandscaredtodeath
Social climber
SLO, Ca
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Apr 11, 2016 - 12:00pm PT
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Bork was given a hearing and vote and was voted down by a majority that included Republicans. Kennedy was subsequently unanimously confirmed.
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blahblah
Gym climber
Boulder
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Apr 11, 2016 - 01:14pm PT
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instead the court deadlocked at 4-4, leaving the lower court ruling in favor of the union in place
really, blah blah, make a better effort to understand before posting....
Norton I hope you're just trolling by pretending to be an idiot, but I'm not getting the sense that you are.
I will not waste further time trying to explain to you that adding a liberal to the Supreme Court is not likely to increase the number of conservative decisions rendered by the Court, rather it is likely to increase the number of liberal decisions rendered by the Court.
Again Norton, some things in life are sort of complicated, some things in life are ambiguous, but this situation is neither: it is very simple, and if you can't understand it, you should probably spend time trying to figure out what's wrong with your brain rather than even thinking about what the Supreme Court is or isn't doing.
(But query whether someone who is showing signs of significant cognitive impairment is capable of meaningfully addressing that impairment.)
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Fat Dad
Trad climber
Los Angeles, CA
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Apr 11, 2016 - 01:15pm PT
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it is very simple, and if you can't understand it, you should probably spend time trying to figure out what's wrong with your brain rather than even thinking about what the Supreme Court is or isn't doing. Ah, the irony of this statement...
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blahblah
Gym climber
Boulder
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Apr 11, 2016 - 01:24pm PT
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Ah, the irony of this statement...
Hehe--this coming from someone whose ignorance is exceeded only by his whinyness--both of which I suppose could be good qualifications for downmarket, commodity legal work.
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jstan
climber
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Apr 11, 2016 - 01:48pm PT
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http://www.phrases.org.uk/meanings/hoist-by-your-own-petard.html
A petard is, or rather was, as they have long since fallen out of use, a small engine of war used to blow breaches in gates or walls. They were originally metallic and bell-shaped but later cubical wooden boxes. Whatever the shape, the significant feature was that they were full of gunpowder - basically what we would now call a bomb.
In the sixteenth century a petard might better have consisted of a wooden box with a thick layer of mud behind the gun powder. Explosive energy is directed today by what are called shaped charges. So petards, or the idea behind them are still in use today.
When quite young I helped my father construct such a shaped charge using one hundred sticks of 40% nitro. It went off with a hell of a bang. Never since have I felt as powerful as I felt that day. It turned a boulder weighing thirteen tons
Into gravel.
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JEleazarian
Trad climber
Fresno CA
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Apr 11, 2016 - 02:51pm PT
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it is very simple, and if you can't understand it, you should probably spend time trying to figure out what's wrong with your brain rather than even thinking about what the Supreme Court is or isn't doing.
Ah, the irony of this statement...
Hehe--this coming from someone whose ignorance is exceeded only by his whinyness--both of which I suppose could be good qualifications for downmarket, commodity legal work.
Can we get rid of the personal attacks of ST posters and stick with behind-their-back insults of politicians and court nominees? Fat Dad and blah-blah are two of my favorite posters, and neither has a second-rate mind.
Now candidates for public office, on the other hand, . . .
John
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Jaybro
Social climber
Wolf City, Wyoming
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Apr 11, 2016 - 03:52pm PT
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Petard was the captain of the Enterprise; a French bloke with an English accent....
Though he did say "Merde" once when the Feringi(klingon for ears bigger than Bridwell's)'s showed up
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apogee
climber
Technically expert, safe belayer, can lead if easy
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Oct 21, 2016 - 01:39pm PT
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Boy, it sure likes the Repubs have miscalculated on waiting for the next POTUS...if they had half a brain, they'd concede the election now to Hillary, and confirm Garland before Inauguration Day.
Garland is sure to be far more acceptable to Republicans than anything Hillary is going to put forth (probably replace Garland, too), and with the odds are with Dems on the Senate (maybe the House), they'd be far better off to take this 'bird in the hand'.
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Rollover
climber
Gross Vegas
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Oct 21, 2016 - 01:57pm PT
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