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The Fry Cook Rule for the Supreme Court
Special to FreeRepublic ^ | 22 July 2005 | John Armor (Congressman Billybob)

Posted on 07/14/2005 1:19:22 PM PDT by Congressman Billybob

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To: musanon
I think the entire Constitution is the "supreme Law" as it says, and all of it should be equally obeyed. Even the orphans of the document like the 2nd Amendment.

John / Billybob
21 posted on 07/15/2005 8:22:51 PM PDT by Congressman Billybob (Will President Bush appoint a Justice who obeys the Constitution? I give 85-15 odds on yes.)
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To: musanon
The definitive question, imo..

Do you agree that the 2nd Amendment is a Law of the Land, - and therefore must be supported, as written, by all judges & officials, -- notwithstanding any State laws to the contrary?

Another way of putting it:

"Mr. Protojustice, do you know the difference between a dependent clause and the subject of a sentence?"

"Of course, Senator."

"Then, would you please diagram the following and explain its meaning: 'A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.' ?"

22 posted on 07/15/2005 8:33:20 PM PDT by LexBaird (tyrannosaurus Lex, unapologetic carnivore)
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To: LexBaird
The definitive question, imo..
Do you agree that the 2nd Amendment is a Law of the Land, - and therefore must be supported, as written, by all judges & officials, -- notwithstanding any State laws to the contrary?

Another way of putting it:
"Mr. Protojustice, do you know the difference between a dependent clause and the subject of a sentence?"

"Of course, Senator."

"Then, would you please diagram the following and explain its meaning: 'A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.' ?"

"Certainly Senator. It means that the individual right can be severely regulated, & certain types of arms prohibited.
-- I cite as proof the recent Justice Dept report prepared by the current administration."

23 posted on 07/15/2005 9:10:56 PM PDT by musanon
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To: Congressman Billybob
I just found this. Where was my ping? Very nice.
24 posted on 07/16/2005 2:19:06 PM PDT by Pukin Dog (Sans Reproache)
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To: Congressman Billybob
This well qualified lady can answer those questions very clearly.
and she is a lawyer, but you all knew that. ;^)

Ann Coulter for SCOTUS!


25 posted on 07/16/2005 2:22:38 PM PDT by bill1952 ("All that we do is done with an eye towards something else.")
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To: William Tell

It's called (hyphen inserted for emphasis) pre-judice (prejudging the outcome of a specific case). When a decision has been made during the course of a previous case ("in the line of duty", as it were), the principle doesn't apply.


26 posted on 07/16/2005 2:24:10 PM PDT by MortMan (Mostly Harmless)
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To: Pukin Dog
Sad to say, I am a quasi-technophobe. I've never learned how to create a functional ping list. So, as a substitute, I put my latest column link in my signature, wherever I go on FR. That's been functional for a year now.

John / Billybob
27 posted on 07/16/2005 2:27:05 PM PDT by Congressman Billybob (Will President Bush appoint a Justice who obeys the Constitution? I give 85-15 odds on yes.)
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To: Congressman Billybob
Okay, I went through this last week. I created my first ping list in Word, and just paste it when I post. I still forget sometimes, though.
28 posted on 07/16/2005 2:28:31 PM PDT by Pukin Dog (Sans Reproache)
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To: Congressman Billybob
You make up a list of freeper names separated by semicolons, no spaces, stick it in a word or text file, and save it to file on your desktop.

Write your post, open your file, Select all, then copy and paste into the "To" field.

Bingo, instant ping list.
29 posted on 07/16/2005 2:34:19 PM PDT by bill1952 ("All that we do is done with an eye towards something else.")
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To: MortMan; barkeep
MortMan said: When a decision has been made during the course of a previous case ("in the line of duty", as it were), the principle doesn't apply.

That is why I don't think that commenting on Kelo would represent "prejudice". The case has been decided. There is no more information available for consideration nor is there any information hidden. A nominee's decision on such a case is no more an impediment to future fairness than the decisions reached by those on the court.

30 posted on 07/16/2005 3:02:46 PM PDT by William Tell
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To: William Tell; barkeep

But the commenter did not evaluate all of the evidence. When a justice looks at a case, they see the whole of the submitted evidence. Someone on the outside doesn't see near as much.

JMHO - I'm an engineer, not a lawyer.

Thanks for a reasoned response, BTW.


31 posted on 07/16/2005 3:09:30 PM PDT by MortMan (Mostly Harmless)
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To: Congressman Billybob

For life? Is a justice brain dead? No, only half dead. Can keep his (her) job. Pilots of jet airplanes get retested frequently. Reconfirm justices every decade or so. More frequently after 75.


32 posted on 07/16/2005 9:51:11 PM PDT by dr huer
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To: Congressman Billybob
>> throwing out one of the key protections of the Bill of Rights.

Favorite liberal sport, throwing out pieces of the Bill of Rights. Ranks behind throwing out God, but ahead of throwing out the Ten Commandments and about even with throwing out the Magna Carta.

33 posted on 07/17/2005 6:52:05 AM PDT by T'wit (If any liberals get to Heaven, they'll lecture God on what's wrong with it and reform it all to Hell)
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To: William Tell
From reading the Kelo decision, I can guar-on-d*mn-tee that clever lawyers for urban and rural areas will come up with new cases to push the envelope on what constitutes "public use" under the new permissions from the Court. You've heard the saying, "Nothing can be made foolproof, because fools are so ingenious." Well, the same applies to lawyers.

Besides, on a case that sharply and closely divided, there's always the chance that the Court will overrule the Kelo case. In either event, a potential Justice who expressed the opinion that he/she would uphold/reverse Kelo, would disqualify that Justice from serving on that future case.

Trust me, it's a huge no-no.

John / Billybob

34 posted on 07/17/2005 7:12:18 AM PDT by Congressman Billybob (Will President Bush appoint a Justice who obeys the Constitution? I give 85-15 odds on yes.)
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To: Congressman Billybob
Congressman Billybob said: "...a potential Justice who expressed the opinion that he/she would uphold/reverse Kelo, would disqualify that Justice from serving on that future case.
Trust me, it's a huge no-no.

My point is that there is a difference between answering a question regarding a hypothetical case (or a real one) which might reach the court in the future versus expressing an opinion in agreement with the dissent in a case already decided. We have over two hundred years of precedent by prior Supreme Court decisions. Is it the case that no opinion can be stated regarding the correctness of any such decisions without being bound to recuse oneself in a similar case?

The Dred Scott decision was a federal affirmation of the power to return a slave to his owner in a slave state. Is that decison out-of-bounds for comment? The issue of ownership of "property" having crossed state lines is still liable to come up.

From a practical point-of-view I can see where an appointee might use the claim that he wishes to avoid a future obligation to recuse in refusing to answer a question. Isn't a Supreme Court Justice the final arbiter of when he must recuse, short of impeachment? Are there any examples of a Justice recusing on the basis of opinions stated during confirmation, apart from some actual conflict-of-interest or prior direct involvement in a case?

And finally, thanks for taking your time to respond. My future degree from UFR (the University of FreeRepublic) will be highly prized.

35 posted on 07/17/2005 10:44:58 AM PDT by William Tell
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To: William Tell
For the first century, no nominees for the Supreme Court ever testified before Congress. Instead, they were nominated, and their Senate supporters presented their background on the floor of the Senate. Some reading from their opinions and writings were in oder. But that was it.

There is, of course, a major difference between "How would you vote on [BLANK] case?" And, "What is the role of a judge in the American system of government? (Please refer to the Constitution and the Federalist in your answer?"

The first question is always out of order. The second question should be mandatory for all who seek to be judges of Justices today.

John / Billybob

36 posted on 07/17/2005 10:59:35 AM PDT by Congressman Billybob (Will President Bush appoint a Justice who obeys the Constitution? I give 85-15 odds on yes.)
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To: Congressman Billybob

dat's funny!

justice ginzburg wanted to eliminate mother's day and father's day, yet she was over whelmingly approved by both libs and pubbies.


37 posted on 07/17/2005 7:00:53 PM PDT by ken21 (it takes a village to brainwash your child + to steal your property! /s)
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To: Congressman Billybob

Excellent!


38 posted on 07/18/2005 6:31:49 AM PDT by buffyt (Web Sites Let People Take News Into Their Own Hands ~ Thank YOU Jim Robinson!)
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To: Congressman Billybob; TaxRelief; Alia; 100%FEDUP; 2ndMostConservativeBrdMember; ~Vor~; A2J; ...

NC *Ping*

Please FRmail Constitution Day, TaxRelief OR Alia if you want to be added to or removed from this North Carolina ping list.
39 posted on 07/18/2005 6:57:56 AM PDT by Constitution Day
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To: Congressman Billybob
To make a long story very short, five Justices ruled that when the Constitution says your home can be taken only for “public use,” it really meant the government can take your house and turn it over to some other private owner who will build a bigger building and pay higher taxes.

No, to make a short story even shorter, five Justices ruled that the town of Kelo had this right and four Justices ruled as if the 14th Amendment somehow applied to the 5th, which it didn't until 1897. In any case, all nine Justices ignored the Constitution and the original intent of the document. It was not meant to apply to the states. If any of the four Justices that voted against Kelo would have used federalism as an argument then I may have had some respect for their decision

40 posted on 07/18/2005 7:08:34 AM PDT by billbears (Deo Vindice)
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