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WHY SO MUCH TROUBLE NOMINATING RELIABLY CONSERVATIVE JUSTICES?
Powerlineblog ^ | June 17, 2020 | Paul Mirengoff

Posted on 06/16/2020 9:02:33 PM PDT by lasereye

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To: Trump Girl Kit Cat

This was about a so called transgender employee who insists on wearing women’s clothes at work. They applied a civil rights law that prohibits sex discrimination. This made no sense at all for several reasons.


41 posted on 06/16/2020 11:22:14 PM PDT by lasereye
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To: lasereye
SKcOTUS...

Supreme Keystone Court of the United States

NC SCOTUS The Ninth Circuit SCOTUS

42 posted on 06/16/2020 11:22:50 PM PDT by DoughtyOne (Some of the folks around these parts have been sniffing super flu.)
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To: Lurkinanloomin

>> I think they have Roberts by the short hairs.

That jackass is facilitating monumental advances by the Left beginning with no less than Obamacare.


43 posted on 06/16/2020 11:23:10 PM PDT by Gene Eric ( Don't be a statist!)
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To: lasereye

WHY SO MUCH TROUBLE NOMINATING RELIABLY CONSERVATIVE JUSTICES?

Because nobody believes in the conservative position. If they say they do chances are they are a crank or like John Roberts who could’t even say the oath correctly, let alone give proper rulings. He doesn’t believe in conservatism and is a phony. He as plastic as they get and probably believes the Constitution is plastic too, to mold how you see fit. He doesn’t fool anybody (except Bush, who was also fooled by Harriet Meir — which says a lot about his swift acumen). No. Most judges are traitorous bastards judged for the position by other traitorous bastards. Roberts sticks in a lot of Conservatives throats because underneath it all he is a nasty piece of work. And people sense it. His phoniness is as clear as the big blue sky on a summer day, and people (even some liberals) are sick to their stomachs. He just keeps on giving the worst decisions. It’s as if he first had to consult a family of drunken clowns just to be sure it’s the right decision; as if he was trying for a world record on absolute worst decisions. It’s terrible and it just keeps going and going and going... and people think maybe he’ll slow down on the bad decisions. But NO! There should be some expiry date like on bad milk: “Sorry, sir, that was your two thousand worst decision and we can now remove you from the bench, because the country doesn’t exist anymore due to you.”


44 posted on 06/16/2020 11:32:42 PM PDT by BEJ
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To: lasereye

With conservatives, the issue is always the issue. With the Left, the issue is never the issue, the issue is always the revolution. Their singleminded devotion to the revolution is why they win and we lose, even when we win.


45 posted on 06/16/2020 11:50:05 PM PDT by chajin ("There is no other name under heaven given among people by which we must be saved." Acts 4:12)
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To: pgyanke; campaignPete R-CT; Impy
>> Liberals have litmus tests and make sure their nominees are ideologically pure. Conservatives seeks judges who will “uphold the Constitution” and “rule on law.” That leaves a wide latitude when actual cases come before the Court. <<

Exactly my point WHY Clinton and Obama were far more successful in getting judges on SCOTUS who voted the way they wanted.

It's hard to imagine a RAT president picking some obscure low-key Democrat judge with no paper trail who attends an ultra-conservative Assembly of God church that preaches homosexuality is a sin, abortion is an abomination, with a Trump-loving pastor.... and the RAT base shrugging their shoulders and going "gosh, his personal life don't matter, all that matters is the White House told us his judicial philosophy is for a living, breathing constitution, so that means he will vote the way we want. Gaia bless President Obama for giving us a pro-choice judge!"

But reverse that scenario, and that was exactly the sitution we got with Gorsuch.

To be fair, other FReepers (campaignPete made a great point) have correctly pointed out a big problem is media bias... the media presents all RAT picks, no matter how far-left insane commies they are, of being "mainstream" SLIGHTLY left of center (Ruth Bader Ginsburg is touted as a moderate RAT, and the public actually buys that BS if they haven't looked at her record) and likewise paints any GOP judge as a hardliner right-wing Jesse Helms type... Kavanaugh was pretty much Anthony Kennedy 2.0, a bland slightly conservative guy, but the RATS painted him as Augusto Pinochet on steroids, and the media duly reported the "Kavanaugh is a bible thumping woman hating nazi who wants to send America back to the stone age" BS.

Also, I've said for years that the "GOP presidents keep appointing liberal judges but RAT presidents NEVER appoint conservative judges" argument is false. It's RARE that a RAT president "accidentally" appoints a SCOTUS judge who betrays them and ends up voting with conservatives on numerous "landmark" rulings, but it does happen. The two obvious examples from the last 100 years are Woodrow Wilson appointing James Clark McReynolds (who went on to oppose anything and everything in FDR's New Deal agenda, continuously striking it down as unconstitutional), and JFK appointing Byron White (who "evolved" into a decent right-of-center SCOTUS judge who often voted with the conservative bloc on social issues)

No system is foolproof.

But I think we'd have a much BETTER track record of getting ACTUAL conservatives if GOP presidents grew a spine and tried appointing some.

I'm sad to see FR seems to have the "only RINOs are electable" mindset on here, except applying that "logic" to SCOTUS appointments instead of Senate, House, and Gubernatorial races.

Bork wasn't electable, Alito was. If we took the advice of the Gorsuch apologists back in 2005, we'd have Justice Harriet Miers now. You'll never know if you don't try.

46 posted on 06/16/2020 11:55:50 PM PDT by BillyBoy ('States Rights' is NOT a suicide pact.)
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To: Aria; Impy; campaignPete R-CT
>> I wonder if there was anything in Gorsuch’s opinions that could have predicted this. <<

There was, Gorsuch quickly broke ranks and was the "lone GOP appointee" voting with the four RAT judges in a 5-4 ruling on a minor case, early in his tenure:

https://www.freerepublic.com/focus/f-news/3750753/posts

The few of us who doubted Gorsuch from the start noted it was a warning sign, but it was laughed off around here and immediately dismissed. They even tried to spin his treason with "SCALIA VOTED THE SAME WAY!" on a similar case, even though the decision Scalia handed down was a unanimous 9-0 and NONE of the four conservatives who joined in the Scalia decision at that time felt the earlier ruling had anything to do with the current one.

47 posted on 06/17/2020 12:03:01 AM PDT by BillyBoy ('States Rights' is NOT a suicide pact.)
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To: BillyBoy

I think the question is about whether there were any Gorsuch rulings before he was nominated to SCOTUS that would have predicted this.


48 posted on 06/17/2020 12:13:41 AM PDT by lasereye
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To: Lurkinanloomin

I’m not convinced that Roberts has short hairs for them to have him by.


49 posted on 06/17/2020 12:29:29 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: lasereye

Give nominees an fMRI. As a side benefit, liberal heads explode.


50 posted on 06/17/2020 12:31:59 AM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: conservative98
Because it is like Trump says with Congressmen, they get in there, then they see the marble columns and statues and say wow I really made it and then to appease the uniparty and the press they stop being conservative and the longer they stay the worse they get.
Example: John Cornyn He might as well be a 'rat.
51 posted on 06/17/2020 12:40:44 AM PDT by SanchoP (We're passed the biological softening up and beginning the open warfare strategy. WAKE UP!!)
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To: lasereye

No Conservative activists judges are allowed.
(can be nominated)
By ideological principle a Conservative cannot be an activist anyway.
So what do we get?
Erosion of truth/deconstruction...this leads to the way of sin/perversion of natural law, law backed by God and the basis of western civilization.
The Constitution has been turned into an obamanation of it’s original intent.
The Constitution was created for moral men who carefully considered God in it’s creation.
This is heart breaking.
But see tag.


52 posted on 06/17/2020 1:18:25 AM PDT by right way right (May we remain sober over mere men, for God really is our only true hope.)
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To: kiryandil

Oh the whole adoption thing being illegal would not matter now even if true. The kids practically get social security. Ha! But seriously this reason is tired and can’t possibly be a problem decades later.


53 posted on 06/17/2020 3:04:55 AM PDT by napscoordinator (Trump/Hunter, jr for President/Vice President 2016)
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To: algore

Clearly the problem is that a majority of USSC justices thought it was fine to re-define the terms of a piece of legislation written 60 years ago to achieve a social goal without having to go through the constitutional process. The Congress in 1964 did not intend that “Sex” or “Gender” is something that could be redefined. Perhaps we’ve reached the ragged-edge of Originalist thinking — or maybe Justice Gorsuch just horse-traded away his vote on this case and we have yet to see what he got in return.


54 posted on 06/17/2020 3:12:32 AM PDT by Tallguy (Facts be d@mned! The narrative must be protected at all costs!)
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To: lasereye

Is that a rhetorical question?


55 posted on 06/17/2020 4:28:17 AM PDT by SMARTY ("Nobility is defined by the demands it makes on us - by obligations, not by rights".)
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To: lasereye

Two words: blackmail


56 posted on 06/17/2020 4:45:30 AM PDT by Old Yeller (Systemic racism doesn't exist, but systemic stupidity is thriving.)
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To: lasereye

Because “reliably conservative” judges will NEVER get past the democrats or the RINO’s unless they’re easily comprised.

Case in point Chief INjustice Judge Dredd Roberts.


57 posted on 06/17/2020 5:53:31 AM PDT by 2CAVTrooper (Political Science degrees, so easy Obama has one.)
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To: BillyBoy; fieldmarshaldj; Impy

I’ve concluded Gorsuch is a lost cause. On the big cases.

We need a big win on Nov & 2 more judges. Never give up the fight.


58 posted on 06/17/2020 6:43:17 AM PDT by campaignPete R-CT (Committee to Re-Elect the President ( CREEP ))
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