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Court balance in play this election
Orange County Register ^ | April 27, 2012 | Brian Calle

Posted on 04/29/2012 6:40:28 AM PDT by Clintonfatigued

The stakes in this year's election are higher than normal because the next president may have the unusual opportunity to impact the ideological direction of the Supreme Court, untypical of any one presidential term.

During the next presidential term, starting in January 2013, of the nine Supreme Court justices, "three of the justices will be in their 80s," notes Clint Bolick, author of the new book, "Two-Fer: Electing a President and a Supreme Court."

"[W]hoever is elected in November may have the rare chance to reinforce or alter the courts balance," he said.

And with Supreme Court rulings like Citizens United in 2010 – and perhaps the upcoming decisions on Obamacare and the federal government's lawsuit against Arizona's illegal-immigration law – hinging on the opinion of a single justice and setting longstanding precedents, the court's balance ought to be top of mind for voters this year.

There is no guarantee when a justice will retire nor can they be forced to do so. Supreme Court justices are constitutionally guaranteed a life term and can serve for as long as they wish to.

Of those justices reaching their eighties in the next presidential term, two of the three are regarded as being on the conservative side of the court. Among the liberals, Justice Ruth Bader Ginsburg turns 80 in 2013. Conservative Antonin Scalia, 76, turns 80 in 2016. Anthony Kennedy, often portrayed as the swing vote on the typically divided court, turns 77 this summer and 80 in 2015.

(Excerpt) Read more at ocregister.com ...


TOPICS: Government; Politics/Elections; US: District of Columbia
KEYWORDS: scotus
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1 posted on 04/29/2012 6:40:34 AM PDT by Clintonfatigued
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To: fieldmarshaldj; AuH2ORepublican; Impy; GOPsterinMA; randita; afraidfortherepublic; BillyBoy; ...

This is an issue that few Americans are paying attention to, being preoccupied with the economiy, but one which has enormous consequences for the nation.


2 posted on 04/29/2012 6:42:37 AM PDT by Clintonfatigued (A liberal's compassion is limited to the size of other peoples' paychecks)
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To: Clintonfatigued

Maybe, maybe not. If Obama loses on November 6, look for Ginsberg to resign on November 7 so Obama can replace her with another communist.


3 posted on 04/29/2012 6:42:57 AM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: jiggyboy

“If Obama loses on November 6, look for Ginsberg to resign on November 7 so Obama can replace her with another communist.”

Confirmation hearings take months. There wouldn’t be enough time to confirm such a judge.


4 posted on 04/29/2012 6:44:30 AM PDT by Clintonfatigued (A liberal's compassion is limited to the size of other peoples' paychecks)
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To: jiggyboy

Would the Senate confirm a lame-duck appointment like that? I would think the GOP would do everthing possible to not let that go forward.


5 posted on 04/29/2012 6:46:04 AM PDT by Dagnabitt (If I had a failed one-term President, he'd look like Obama.)
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To: Clintonfatigued

And this article doesn’t account for an unexpected, breitbart-like death.


6 posted on 04/29/2012 6:47:54 AM PDT by Josa
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To: Clintonfatigued
How is it set in stone that an 0bama defeat would bring a more conservative supreme court appointment?

After all, where is the conservative history behind Romney to guarantee this?

7 posted on 04/29/2012 6:48:05 AM PDT by EGPWS (Trust in God, question everyone else)
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To: Dagnabitt; Kaslin; SunkenCiv; Lazlo in PA; SJackson; neverdem; traviskicks

If Obama wins a second term, this will be a big part of his legacy.


8 posted on 04/29/2012 6:49:18 AM PDT by Clintonfatigued (A liberal's compassion is limited to the size of other peoples' paychecks)
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To: EGPWS; EternalVigilance

Romney’s nomination isn’t set in stone. What is set in stone is what kind of judges Obama would appoint.


9 posted on 04/29/2012 6:50:37 AM PDT by Clintonfatigued (A liberal's compassion is limited to the size of other peoples' paychecks)
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To: EGPWS
We know what Obama will do....I would rather take a chance with Romney
10 posted on 04/29/2012 7:06:54 AM PDT by southphilly (Every State should be a right to work State)
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To: Clintonfatigued

I’d say at this point that Romney’s nomination is set in slightly moist concrete.


11 posted on 04/29/2012 7:08:52 AM PDT by Dagnabitt (If I had a failed one-term President, he'd look like Obama.)
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To: EGPWS
After all, where is the conservative history behind Romney to guarantee this?

All you Romney bashers on FR need to put on your big boy pants and consider what a Eric Holder nomination to the Supreme Court would mean.

12 posted on 04/29/2012 7:35:36 AM PDT by Last Dakotan
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To: Clintonfatigued; wagglebee; Steve Schulin; BlackElk; Gelato; Jim Robinson
Not a single sitting justice of the Supreme Court recognizes the personhood of the child in the womb and their protection by the explicit, imperative requirements of the Fifth and the Fourteenth Amendments.

"No person shall be deprived of life without due process of law."

"No State shall deprive any person of life without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Not even one of the majority of the justices who were picked by Republican presidents, members of a party whose platform HAS recognized the personhood of the chld and their protection by our Constitution for the last 28 years.

So, what do you think are the chances that a "president Romney" (it makes me sick just typing that) would pick a judge who is more conservative than Thomas or Scalia?

I say the chances of that are for all intents and purposes ZERO.

Especially since Mitt Romney himself is a pro-choice democrat. He thinks God-given rights can be decided by a majority vote.

He thinks courts make our laws, and that only they get to decide what is constitutional. In other words, he supports the abortion on demand status quo, the destruction of the checks and balances that make our form of government possible, and the erasure of the legitimate lines of authority granted to the various branches and departments of our government.

He thinks states can alienate unalienable rights if they want. A Stephen A. Douglas Democrat position if there ever was one.

In other words, even in this shape-shifter’s current incarnation, his views are anti-republican.

No matter how you cut it, Obama or Romney, all the babies continue to die, and so does the republic whose founding premise was the equal protection of the rights of all.

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men..."

Frankly, at this point in history, all the Romney Republican fear-mongering about judges does is disgust and anger me.

13 posted on 04/29/2012 7:40:07 AM PDT by EternalVigilance (You can be a Romney Republican or you can be a conservative. You can’t be both. Pick one.)
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To: Last Dakotan

Name one conservative Mitt Romney named to the courts in Massachusetts.


14 posted on 04/29/2012 7:41:49 AM PDT by EternalVigilance (You can be a Romney Republican or you can be a conservative. You can’t be both. Pick one.)
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To: Clintonfatigued
No matter....there are only 2 Candidates, and both a Liberal (one possibly more Liberal than the Other Liberal).

There's no opportunity nor will it happen that Conservatives/Constitutionalist Appointments will occur in our lifetime. The Constitution will only be restored via We The People, in a Revolution or CWII.

15 posted on 04/29/2012 7:43:26 AM PDT by traditional1 (Don't gotsta worry 'bout no mo'gage, don't gotsta worry 'bout no gas; Obama gonna take care o' me!)
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To: Last Dakotan
Yes, we need to idolize a known socialist liberal hack liar, back him as a "conservative" party saviour, toss all conviction out the window to save us from a known socialist liberal hack liar from a "liberal party" for the good of the country.

It's worked so far....

Welcome to 4 more years of 0bama.

16 posted on 04/29/2012 7:46:42 AM PDT by EGPWS (Trust in God, question everyone else)
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To: Clintonfatigued
the court's balance ought to be top of mind for voters this year.

Bump...re Bump and Bump again!!!

17 posted on 04/29/2012 7:51:54 AM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: Don Corleone

Name one conservative Mitt Romney named to the courts in Massachusetts.


18 posted on 04/29/2012 7:58:18 AM PDT by EternalVigilance (You can be a Romney Republican or you can be a conservative. You can’t be both. Pick one.)
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To: EternalVigilance
Name one conservative Mitt Romney named to the courts in Massachusetts.

Let's say for the sake of argument we tag him with a conservative VP and other advisers (very possible). Can you then prove to me he won't appoint a conservative constitutionalist?

19 posted on 04/29/2012 8:08:35 AM PDT by Last Dakotan
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To: Last Dakotan

I have to agree Dakota..., it is what comes to mind every time says they are staying home come November because Obama is what we deserve over the centrist Romney..... that will become a regret as our children and grandchild for generations get ruled on by Obama lasting court appointees.


20 posted on 04/29/2012 8:11:48 AM PDT by Republic Rocker
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To: Last Dakotan

Not even the finest wine could induce me to drink what I already know to be cyanide.

And you should quit fooling yourself. Romney is already jerking the GOP hard to the left, a process that is only going to grow more acute as they gain more power. You can take that to the bank.


21 posted on 04/29/2012 8:12:17 AM PDT by EternalVigilance (You can be a Romney Republican or you can be a conservative. You can’t be both. Pick one.)
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To: Last Dakotan

I take it from your response that you can’t name a single conservative Romney named to the courts in Massachusetts.


22 posted on 04/29/2012 8:13:37 AM PDT by EternalVigilance (You can be a Romney Republican or you can be a conservative. You can’t be both. Pick one.)
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To: Clintonfatigued; dagnabbit
A few years ago, the situation was reversed. Long story short, there was some discussion that, Constitutionally, judges didn't require a vote, just "advice and consent"; therefore, GWB should just announce that some Senators "gave advice" and "consented" to the appointment of the Supreme Court Judge (Alito?), who will now taking his place at the S.C. Rush Limbaugh was beating that drum for about a week.

It didn't come to that of course, but that was some serious discussion for a while.

You better believe that Obama would interpret "advice and consent" in whatever way he needs it to, despite whatever Democrats were saying at the time. When has the Constitution ever mattered to him before?

BTW, I found this little gem as I was trying to figure out which Justice was the subject of my hazy recollection:

“As we all know, there’s been a lot of discussion in the country about how the Senate should approach this confirmation process. There are some who believe that the President, having won the election, should have the complete authority to appoint his nominee, and the Senate should only examine whether or not the Justice is intellectually capable and an all-around nice guy. That once you get beyond intellect and personal character, there should be no further question whether the judge should be confirmed.

I disagree with this view. I believe firmly that the Constitution calls for the Senate to advise and consent. I believe that it calls for meaningful advice and consent that includes an examination of a judge’s philosophy, ideology, and record.”

Guess who said that?

23 posted on 04/29/2012 8:15:06 AM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: traditional1; EternalVigilance

Romney isn’t the nominee yet. But if he is elected President, he’ll do what he thinks is best for his career.


24 posted on 04/29/2012 8:29:18 AM PDT by Clintonfatigued (A liberal's compassion is limited to the size of other peoples' paychecks)
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To: Last Dakotan

“All you Romney bashers on FR need to put on your big boy pants and consider what a Eric Holder nomination to the Supreme Court would mean.”

And you Rino loving bullies need to can the insults and work on persuading people. You act as arrogant as the libs.


25 posted on 04/29/2012 8:32:45 AM PDT by Luke21
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To: Luke21

“you Rino loving bullies need to can the insults and work on persuading people. You act as arrogant as the libs.”

As someone who doesn’t engage in personal attacks, give me a shot at persuading you.

I don’t like Mitt Romney and won’t vote for him in the primary (May 8 in my home state). I still hope for a brokered convention, though I’m becoming resigned to Romney’s nomination. But if Romney is the nominee, we will have a choice. We can either elect an ambitous political weathervane who essentiall governs by opinion poll, or we can reelect a President who is a willing tool of people who want to destroy the United States and its people. I know it’s a bad choice. But we can survive a President Romney. A second Obama term will cause irreversable damage.


26 posted on 04/29/2012 8:40:36 AM PDT by Clintonfatigued (A liberal's compassion is limited to the size of other peoples' paychecks)
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To: Last Dakotan
All you Romney bashers on FR need to put on your big boy pants and consider what a Eric Holder nomination to the Supreme Court would mean.

I can't be fear-mongered into giving up my faith, self-evident truth, or the principles upon which American liberty depends.

27 posted on 04/29/2012 8:40:42 AM PDT by EternalVigilance (You can be a Romney Republican or you can be a conservative. You can’t be both. Pick one.)
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To: Clintonfatigued
We lost the Supreme Court beyond recovery the second Romney became the nominee.

Sad, but that's the truth.
28 posted on 04/29/2012 8:42:32 AM PDT by Antoninus (Sorry, gone rogue.)
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To: EternalVigilance

You’ve convinced me. I’ve seen the light.

I’m voting for Obama in the general election so we don’t get any Mitt appointments to the Supreme Court.


29 posted on 04/29/2012 8:44:10 AM PDT by PeteB570 ( Islam is the sea in which the Terrorist Shark swims. The deeper the sea the larger the shark.)
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To: Clintonfatigued
But we can survive a President Romney.

In order to support Mitt Romney you have to leave your principles at the door.

Good luck surviving without your principles.

And God help a country in which the people at large have abandoned all principle.

30 posted on 04/29/2012 8:44:27 AM PDT by EternalVigilance (You can be a Romney Republican or you can be a conservative. You can’t be both. Pick one.)
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To: PeteB570

Ludicrous.


31 posted on 04/29/2012 8:45:50 AM PDT by EternalVigilance (You can be a Romney Republican or you can be a conservative. You can’t be both. Pick one.)
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To: Last Dakotan
All you Romney bashers on FR need to put on your big boy pants and consider what a Eric Holder nomination to the Supreme Court would mean.

Stop pissing down my back and telling me is raining. Romney has no history of nominating conservatives to the bench. Quite the opposite. A David Souter type is the best we can hope for from Romney.

In other words, we have lost the Supreme Court -- probably for good.
32 posted on 04/29/2012 8:46:15 AM PDT by Antoninus (Sorry, gone rogue.)
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To: Republic Rocker
Part of being a rational, mature being is accepting those things you can't change and and actively looking for those areas where you can have an effect.

Mitt Romney will be the Republican nominee and only a fool would think otherwise.

Given that Romney has been political chameleon his whole career were we can have an effect is the background he plays against. VP, platform, Cabinet - even the House and Senate are all in play and ripe for conservative agitation.

It is the opposite of this can do spirit that I cannot accept. The crying, whining, screaming and kicking that because my guy didn't win I'm taking my toys and running home. Grow up people.

33 posted on 04/29/2012 8:48:29 AM PDT by Last Dakotan
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To: EternalVigilance

Why? I’m just agreeing with you.

No need to vote for Mitt - we don’t want him picking any SC Justices.

So I’ll vote for Obama to be sure Mitt don’t get in. It’s what you want isn’t it? Mitt defeated?


34 posted on 04/29/2012 8:50:07 AM PDT by PeteB570 ( Islam is the sea in which the Terrorist Shark swims. The deeper the sea the larger the shark.)
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To: PeteB570

No you’re not.


35 posted on 04/29/2012 8:51:21 AM PDT by EternalVigilance (You can be a Romney Republican or you can be a conservative. You can’t be both. Pick one.)
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To: EternalVigilance

There are the down-ballot races. A number of Republican primaries for Senate and House feature establishment RINO’s and TEA Party conservatives. I’m working to defeat my home state RINO U.S. Senator. If a Romney nomination is inevitable, concentrate on electing strong conservative Constitutionalists for the other offices.


36 posted on 04/29/2012 8:52:08 AM PDT by Clintonfatigued (A liberal's compassion is limited to the size of other peoples' paychecks)
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To: EternalVigilance

Do you want Mitt, as the Republican candidate, elected to the office of President?

A simple Yes or No will do.


37 posted on 04/29/2012 8:52:33 AM PDT by PeteB570 ( Islam is the sea in which the Terrorist Shark swims. The deeper the sea the larger the shark.)
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To: PeteB570
Truly.

Let's see,

Sotomeyer,

Kagen,

Holder,

Clinton (either or both),

Ooh, Michelle?

Valerie Jarret,

Maybe someone cerebral, like Ried, or pelosi?

The possibilities are endless, and who is to stop him? Bohner? Mcconnel? Anyone out there?

Principle number one is to stay alive,

Number two is to flush liberals down the toilet, permanently.

38 posted on 04/29/2012 8:54:12 AM PDT by going hot (Happiness is a momma deuce)
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To: PeteB570

No, I don’t support pro-choice democrats.


39 posted on 04/29/2012 8:55:07 AM PDT by EternalVigilance (You can be a Romney Republican or you can be a conservative. You can’t be both. Pick one.)
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To: Luke21
And you Rino loving bullies....

I didn't vote for him - nor did Romney even win our state's primary.

This election was lost for Conservatives way back when Ryan declined and no electable alternative was found.

40 posted on 04/29/2012 8:56:36 AM PDT by Last Dakotan
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To: Clintonfatigued
TEA Party conservatives

Well, I guess one can always hope that they vetted them a little better this time.

41 posted on 04/29/2012 8:57:05 AM PDT by EternalVigilance (You can be a Romney Republican or you can be a conservative. You can’t be both. Pick one.)
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To: EternalVigilance

See we do agree.

Best if Obama is reelected.

Obama thanks you for your support.


42 posted on 04/29/2012 8:57:41 AM PDT by PeteB570 ( Islam is the sea in which the Terrorist Shark swims. The deeper the sea the larger the shark.)
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To: PeteB570
See we do agree.

You shouldn't lie so obviously. It just makes you look bad.

43 posted on 04/29/2012 8:58:46 AM PDT by EternalVigilance (You can be a Romney Republican or you can be a conservative. You can’t be both. Pick one.)
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To: Antoninus
In other words, we have lost the Supreme Court -- probably for good.

No, we've only lost you.

44 posted on 04/29/2012 8:58:59 AM PDT by Last Dakotan
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To: Clintonfatigued
Hear hear:

if Romney is the nominee, we will have a choice. We can either elect an ambitous political weathervane who essentiall governs by opinion poll, or we can reelect a President who is a willing tool of people who want to destroy the United States and its people. I know it’s a bad choice. But we can survive a President Romney. A second Obama term will cause irreversable damage.

Being in California gives me the "luxury" of not really having to care about who I would vote for in our primary, as it will be pretty much done by then. But we MUST vote for the Republican nominee in the general election.

45 posted on 04/29/2012 8:58:59 AM PDT by jiggyboy (Ten percent of poll respondents are either lying or insane)
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To: Clintonfatigued

Supreme Court appointments were the only reason I voted for Bush. As bad as Bush was he was better than Gore or Kerry. It would be a disaster to let Obama make any more appointments. Romney might nominate a conservative leaning judge Obama never will. I will take “might” over “never” any day.


46 posted on 04/29/2012 9:00:26 AM PDT by jpsb
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To: PeteB570

Creating false dilemmas and trying to foist them off on thinking conservatives, in support of the most liberal governor in the history of the republic, is so silly.


47 posted on 04/29/2012 9:00:31 AM PDT by EternalVigilance (You can be a Romney Republican or you can be a conservative. You can’t be both. Pick one.)
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To: EternalVigilance

We have a week to go before our primary here in NC. Early voting is open.

I will be casting my anti-Mitt vote on primary day. I was going to vote for any of the Conservatives but since they’ve all dropped out I’ll hold my nose and vote for Ron Paul.

I’ll hold my nose again on election day and vote for the Republican nominee - whoever he is.

In the general elections I vote to win - not feel good.

If Obama gets a second term I don’t want to have helped him by voting third party, write in or staying home.


48 posted on 04/29/2012 9:04:54 AM PDT by PeteB570 ( Islam is the sea in which the Terrorist Shark swims. The deeper the sea the larger the shark.)
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To: PeteB570

It’s a free country. If you’re willing to leave your supposed principles at the door and support a pro-choice democrat there’s nothing I can do about it.


49 posted on 04/29/2012 9:07:01 AM PDT by EternalVigilance (You can be a Romney Republican or you can be a conservative. You can’t be both. Pick one.)
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To: Last Dakotan
All you Romney bashers on FR need to put on your big boy pants and consider what a Eric Holder nomination to the Supreme Court would mean.

That should make anyone with doubts about defeating Obama sh&t their pants.
50 posted on 04/29/2012 9:07:42 AM PDT by Oceander (TINSTAAFL - Mother Nature Abhors a Free Lunch almost as much as She Abhors a Vacuum)
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