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(Vox)   So, let's step away from the social media frenzy a moment and take an honest look at the legal theories and thinking of future Supreme Court Justice Amy Coney Barrett   (vox.com) divider line
    More: Interesting, Supreme Court of the United States, Originalism, Judge Amy Coney Barrett, Antonin Scalia, Supreme court, legal academic, Supreme Court, Supreme Court decisions  
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3905 clicks; posted to Politics » on 26 Sep 2020 at 11:05 AM (4 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2020-09-26 8:24:44 AM  
Well, we're hosed.
 
2020-09-26 8:34:20 AM  
Id rather not.  She represents everything i was taught not to be -- subservient to men.  So she can f*ck off, and then f*ck off some more.
 
2020-09-26 9:09:24 AM  
What we're getting is essentially Scalia. She clerked for him and hews to the same sophistic "originalism" argument used to give academic legitimacy to the imposition of Christian conservatism onto the law.

That's farking awful for a variety of obvious reasons, and it's not unlikely that you can say goodbye to Roe v. Wade with this configuration of the court, along with ACA and anything falling under the "religious liberty" heading.

The only bright spot is that Trump may have quite possibly farked himself with this pick. Barrett, in her twisted way, seems to have an actual grounding in the rule of law. The social conservatives see a guaranteed anti-choice vote and they're probably correct, but in throwing red meat to the theocrats Trump might have also put someone in that will not, in fact, rubber stamp an illegal seizure of power after he loses the election.

I don't know. Maybe I just don't want to think about what happens when the election is inevitably railroaded to the Supreme Court by the Republicans. I for sure know I don't like being at the mercy of this particular court and being stuck hoping that the ghost of Scalia will be reasonable. Christ. I need a drink.
 
2020-09-26 9:15:54 AM  

Cagey B: What we're getting is essentially Scalia. She clerked for him and hews to the same sophistic "originalism" argument used to give academic legitimacy to the imposition of Christian conservatism onto the law.

That's farking awful for a variety of obvious reasons, and it's not unlikely that you can say goodbye to Roe v. Wade with this configuration of the court, along with ACA and anything falling under the "religious liberty" heading.

The only bright spot is that Trump may have quite possibly farked himself with this pick. Barrett, in her twisted way, seems to have an actual grounding in the rule of law. The social conservatives see a guaranteed anti-choice vote and they're probably correct, but in throwing red meat to the theocrats Trump might have also put someone in that will not, in fact, rubber stamp an illegal seizure of power after he loses the election.

I don't know. Maybe I just don't want to think about what happens when the election is inevitably railroaded to the Supreme Court by the Republicans. I for sure know I don't like being at the mercy of this particular court and being stuck hoping that the ghost of Scalia will be reasonable. Christ. I need a drink.


Dude, i already hit the bong.  Its depressing AF.
 
2020-09-26 9:31:55 AM  
She's looneytunes.
 
2020-09-26 9:33:42 AM  
Well, the good news for me is that I'm a straight white male still.  Sorry for all the rest of you.
 
2020-09-26 9:54:16 AM  

Hoban Washburne: Well, the good news for me is that I'm a straight white male still.  Sorry for all the rest of you.


Are you a straight white male who likes to watch porn? Because they'll be coming after that too.
 
2020-09-26 10:00:39 AM  
I wish he'd chosen a more tin-foil-hat Qanon nutter type. Then there'd be more outrage to block the nomination.

This woman is just reasonable and qualified enough to squeak by without as much of a battle.
 
2020-09-26 10:04:43 AM  
I distrust Originalism. Those folks would argue the Bill of Rights is an irresponsible desecration of the original doucment.
 
2020-09-26 10:05:07 AM  

Calypsocookie: Hoban Washburne: Well, the good news for me is that I'm a straight white male still.  Sorry for all the rest of you.

Are you a straight white male who likes to watch porn? Because they'll be coming after that too.


My intent was sarcasm.  Sorry if it didn't come across.  I have women, including a wife and daughter that I care about more than myself. Porn is the least of my concerns.

Well, maybe not the LEAST, but still relatively low.
 
2020-09-26 10:06:12 AM  

MrBallou: I wish he'd chosen a more tin-foil-hat Qanon nutter type. Then there'd be more outrage to block the nomination.

This woman is just reasonable and qualified enough to squeak by without as much of a battle.


That's why "he" chose her.
 
2020-09-26 10:07:36 AM  

edmo: I distrust Originalism. Those folks would argue the Bill of Rights is an irresponsible desecration of the original doucment.


Some think the constitution itself is invalid and the AoC is still in play.
 
2020-09-26 10:16:58 AM  

MrBallou: Then there'd be more outrage to block the nomination.


Democrats are powerless to block to the nomination. Period. Full stop.

Trump could nominate Satan, and the GOP senators would still approve his choice.
 
2020-09-26 10:20:31 AM  

Hoban Washburne: Calypsocookie: Hoban Washburne: Well, the good news for me is that I'm a straight white male still.  Sorry for all the rest of you.

Are you a straight white male who likes to watch porn? Because they'll be coming after that too.

My intent was sarcasm.  Sorry if it didn't come across.  I have women, including a wife and daughter that I care about more than myself. Porn is the least of my concerns.

Well, maybe not the LEAST, but still relatively low.


I'm a straight white man. I don't have a wife or a daughter.

But being somewhat of a normal person, I don't need to place women into those specific buckets. They can exist independently of being those things.

I know that wasn't what you were trying to do, but people who only see women as wives or daughters kind of annoy me with their narrow thinking.
 
2020-09-26 10:22:37 AM  

Calypsocookie: Hoban Washburne: Well, the good news for me is that I'm a straight white male still.  Sorry for all the rest of you.

Are you a straight white male who likes to watch porn? Because they'll be coming after that too.


Fark user imageView Full Size
 
vpb [TotalFark]
2020-09-26 10:25:22 AM  
She seems like someone who would find the idea of state governments canceling elections and appointing electors directly constitutional.
 
2020-09-26 10:36:53 AM  

Gubbo: Hoban Washburne: Calypsocookie: Hoban Washburne: Well, the good news for me is that I'm a straight white male still.  Sorry for all the rest of you.

Are you a straight white male who likes to watch porn? Because they'll be coming after that too.

My intent was sarcasm.  Sorry if it didn't come across.  I have women, including a wife and daughter that I care about more than myself. Porn is the least of my concerns.

Well, maybe not the LEAST, but still relatively low.

I'm a straight white man. I don't have a wife or a daughter.

But being somewhat of a normal person, I don't need to place women into those specific buckets. They can exist independently of being those things.

I know that wasn't what you were trying to do, but people who only see women as wives or daughters kind of annoy me with their narrow thinking.


You're right.  I wasn't trying to place women only in those buckets.  I care about all women's rights.  Those are just the two closest to me.  But I get your point.
 
2020-09-26 11:01:59 AM  

Man On A Mission: MrBallou: Then there'd be more outrage to block the nomination.

Democrats are powerless to block to the nomination. Period. Full stop.

Trump could nominate Satan, and the GOP senators would still approve his choice.


Stop with your Full stop. Dems need to fight anyway, any way they can.
 
2020-09-26 11:04:15 AM  

vpb: She seems like someone who would find the idea of state governments canceling elections and appointing electors directly constitutional.


Based on the article I disagree.
Based on the fact she will be Trumps nominee makes me pause however.
 
2020-09-26 11:05:38 AM  

MrBallou: Man On A Mission: MrBallou: Then there'd be more outrage to block the nomination.

Democrats are powerless to block to the nomination. Period. Full stop.

Trump could nominate Satan, and the GOP senators would still approve his choice.

Stop with your Full stop. Dems need to fight anyway, any way they can.


You need to get to the acceptance stage of the process. This is happening.

Dems do need to fight it. And oppose it.

But the only power you or they have to is to vote. Win back the white house and senate, and remedy it from a position of power.
 
2020-09-26 11:10:04 AM  

Calypsocookie: Hoban Washburne: Well, the good news for me is that I'm a straight white male still.  Sorry for all the rest of you.

Are you a straight white male who likes to watch porn? Because they'll be coming after that too.


Whelp. That's it. I'm getting a gun....right after I watch this short video.......
 
2020-09-26 11:10:54 AM  
the even worse thing is,as awful as she is,she might also be a placeholder for someone even more extreme.
 
2020-09-26 11:10:54 AM  

saywhonow: Calypsocookie: Hoban Washburne: Well, the good news for me is that I'm a straight white male still.  Sorry for all the rest of you.

Are you a straight white male who likes to watch porn? Because they'll be coming after that too.

Whelp. That's it. I'm getting a gun....right after I watch this short video.......


I need a nap
 
2020-09-26 11:11:04 AM  

MrBallou: Man On A Mission: MrBallou: Then there'd be more outrage to block the nomination.

Democrats are powerless to block to the nomination. Period. Full stop.

Trump could nominate Satan, and the GOP senators would still approve his choice.

Stop with your Full stop. Dems need to fight anyway, any way they can.


I choose to live in the real world. There is no (legal) way for the Democrats to stop the Senate from approving Trump's SCOTUS pick. The GOP senators have made it clear they are quite happy with party before country, and absent four of them doing the right thing (which would the first time for this current group), it's going to happen.

Let me make that clear. It's. Going. To. Happen.

Complaining that Democratic leadership isn't doing enough is pointless and counterproductive. Want to make a real difference? Vote. Encourage like-minded friends and neighbors to vote. Volunteer to be a poll-worker to help keep the election process honest from GOP-led shenanigans. These things can all make a difference. Complaining that "Dems need to fight" is not going to change anything.,
 
2020-09-26 11:13:05 AM  
The Senate needs to hear her husband's opinions.
 
2020-09-26 11:14:49 AM  

Gubbo: Hoban Washburne: Calypsocookie: Hoban Washburne: Well, the good news for me is that I'm a straight white male still.  Sorry for all the rest of you.

Are you a straight white male who likes to watch porn? Because they'll be coming after that too.

My intent was sarcasm.  Sorry if it didn't come across.  I have women, including a wife and daughter that I care about more than myself. Porn is the least of my concerns.

Well, maybe not the LEAST, but still relatively low.

I'm a straight white man. I don't have a wife or a daughter.

But being somewhat of a normal person, I don't need to place women into those specific buckets. They can exist independently of being those things.

I know that wasn't what you were trying to do, but people who only see women as wives or daughters kind of annoy me with their narrow thinking.


LOL you have a mother dont you? Or a niece? Or a cousin? Or a grandma?

Anyone who thinks women arent an equal part of society should be put 6 feet under since they dont give a fark about more than half the society they live in, including the person who brought him/her into this world and took care of them. Being kind to nazis only leads to genocides.
 
2020-09-26 11:16:51 AM  

Cagey B: What we're getting is essentially Scalia. She clerked for him and hews to the same sophistic "originalism" argument used to give academic legitimacy to the imposition of Christian conservatism onto the law.

That's farking awful for a variety of obvious reasons, and it's not unlikely that you can say goodbye to Roe v. Wade with this configuration of the court, along with ACA and anything falling under the "religious liberty" heading.

The only bright spot is that Trump may have quite possibly farked himself with this pick. Barrett, in her twisted way, seems to have an actual grounding in the rule of law. The social conservatives see a guaranteed anti-choice vote and they're probably correct, but in throwing red meat to the theocrats Trump might have also put someone in that will not, in fact, rubber stamp an illegal seizure of power after he loses the election.

I don't know. Maybe I just don't want to think about what happens when the election is inevitably railroaded to the Supreme Court by the Republicans. I for sure know I don't like being at the mercy of this particular court and being stuck hoping that the ghost of Scalia will be reasonable. Christ. I need a drink.


This scenario sounds vaguely familiar.  Something about a scorpion and a frog... and we're just about to reach mid-stream...
 
2020-09-26 11:16:53 AM  

johnny_vegas: Based on the fact she will be Trumps nominee makes me pause however.


All I can say is that I saw a glimmer of hope when Judge Fratboy sided against Trump in the tax case.
 
2020-09-26 11:17:55 AM  
The thing about originalism is that it doesn't seem to have been the original intent and so leaves a rather unstable foundation.

Oddly enough, that's been recognized by most of these nutters and so they have fled towards more of a literalism model unless they need to rationalize something different.
 
2020-09-26 11:18:28 AM  

Gubbo: MrBallou: Man On A Mission: MrBallou: Then there'd be more outrage to block the nomination.

Democrats are powerless to block to the nomination. Period. Full stop.

Trump could nominate Satan, and the GOP senators would still approve his choice.

Stop with your Full stop. Dems need to fight anyway, any way they can.

You need to get to the acceptance stage of the process. This is happening.

Dems do need to fight it. And oppose it.

But the only power you or they have to is to vote. Win back the white house and senate, and remedy it from a position of power.


Voting is vitally, crucially, existentially important, but it's not the only arrow in the quiver. The vote is the main way people in a democracy make themselves heard, but it's not the only way to raise your voice.

You say we can't stop the confirmation, and you're probably right, but we can protest enough to let the bastards know we're not going to take the bullshiat anymore.

People need to start taking to the streets outside the Capitol, outside Senator's offices, outside Senator's homes, outside the White House, on the Nation Mall, in your hometown, and every goddamn place people can gather.

Your way is capitulation. We can do more. Rage against the dying of democracy.

/soapbox mode off
 
2020-09-26 11:18:31 AM  
Wouldn't she need her husband's permission to take the job?  I think we're going after the wrong person here.
 
2020-09-26 11:19:58 AM  

Jake Havechek: She's looneytunes.


Yep, devoting large portions of your life and fortune to practicing medieval religions is definitely looneytunes.

Although it would be interesting to see an artist rendering of her handling a rattlesnake and speaking gibberish during a SC hearing.
 
2020-09-26 11:20:11 AM  
This woman is gonna kill a lot of people with her crazy ass views. The majority of those victims will be women.

Remember what happened when abortion was banned in Romania?

https://foreignpolicy.com/2019/05/16/​w​hat-actually-happens-when-a-country-ba​ns-abortion-romania-alabama/
Romania under Ceausescu created a dystopian horror of overcrowded, filthy orphanages, and thousands died from back-alley abortions.

Truly a GOP dream... and for everybody sane, a nightmare.
 
2020-09-26 11:22:40 AM  
Why the fark would I want a close look at her views? She's an originalist. We've already had and have originalists on the court. I have a pretty good idea of what to expect. I don't need to hear her views being normalized. She'll be there for decades, pulling the court even farther to the right. Fark off with anything that tells me it's not all bad.
 
2020-09-26 11:22:55 AM  

Jake Havechek: She's looneytunes.


Ayup. She cray. Like nuttier than a backed up sewer in Squirreltown the day after NutFest kind of nutty. And she will replace RBG. Let that sink in.

*deep sigh*

Thank FSM for legal weed is my point here.
 
2020-09-26 11:23:20 AM  

MrBallou: You say we can't stop the confirmation, and you're probably right, but we can protest enough to let the bastards know we're not going to take the bullshiat anymore. People need to start taking to the streets outside the Capitol, outside Senator's offices, outside Senator's homes, outside the White House, on the Nation Mall, in your hometown, and every goddamn place people can gather.


Have you watched the news lately? People have been doing just that all across the country. And it won't make a damn bit of difference to the Mitch McConnel's of the world who only care about one thing: power. They believe the protestors have no power. The only way to change that is by voting. Voting is power, and that's the only thing politicians respect and respond to.

If making a sign, heading to a rally, and protesting all day makes you feel good, then by all means go for it. Just understand that your actions mean nothing to those you are protesting against as long as they believe they will remain in power.
 
2020-09-26 11:25:03 AM  
The trouble with originalists is that they know better, they just decide to disregard the very good reasons we stopped doing things the original way, and simply want to argue from authority and without any other good reason, that we should return to it. They also seem to think no one can or will simply look up why we stopped.

They're dishonest is what I'm saying.
 
2020-09-26 11:25:07 AM  

lolmao500: This woman is gonna kill a lot of people with her crazy ass views. The majority of those victims will be women.

Remember what happened when abortion was banned in Romania?

https://foreignpolicy.com/2019/05/16/w​hat-actually-happens-when-a-country-ba​ns-abortion-romania-alabama/
Romania under Ceausescu created a dystopian horror of overcrowded, filthy orphanages, and thousands died from back-alley abortions.

Truly a GOP dream... and for everybody sane, a nightmare.


Well yeah, but it is not like wealthy people will have to worry about it. They will just keep doing what they have always done, have their women travel to get an abortion, make shopping trip out of it.
 
2020-09-26 11:25:15 AM  
I think the original intent of the founders was to create a system of checks and balances and this court would tend to throw things out of balance.
 
2020-09-26 11:25:20 AM  
If she's a true originalist, she shouldn't be allowed to make decisions that affect men.
 
2020-09-26 11:27:49 AM  

raerae1980: Id rather not.  She represents everything i was taught not to be -- subservient to men.  So she can f*ck off, and then f*ck off some more.


Nothing wrong with being subservient to men... as long as it is consensual and you have an agreed upon safety word.
 
2020-09-26 11:28:50 AM  
ok but why tho
 
2020-09-26 11:30:47 AM  

Hoban Washburne: Calypsocookie: Hoban Washburne: Well, the good news for me is that I'm a straight white male still.  Sorry for all the rest of you.

Are you a straight white male who likes to watch porn? Because they'll be coming after that too.

My intent was sarcasm.  Sorry if it didn't come across.  I have women, including a wife and daughter that I care about more than myself. Porn is the least of my concerns.

Well, maybe not the LEAST, but still relatively low.


I'm sure you didn't mean it, but it's probably best to avoid phrases like "I have women" when defending jokes about being a straight man.
 
2020-09-26 11:31:42 AM  
Can Kamala Harris take a little time off to lead the questioning?
 
2020-09-26 11:31:50 AM  

Cagey B: What we're getting is essentially Scalia. She clerked for him and hews to the same sophistic "originalism" argument used to give academic legitimacy to the imposition of Christian conservatism onto the law.

That's farking awful for a variety of obvious reasons, and it's not unlikely that you can say goodbye to Roe v. Wade with this configuration of the court, along with ACA and anything falling under the "religious liberty" heading.

The only bright spot is that Trump may have quite possibly farked himself with this pick. Barrett, in her twisted way, seems to have an actual grounding in the rule of law. The social conservatives see a guaranteed anti-choice vote and they're probably correct, but in throwing red meat to the theocrats Trump might have also put someone in that will not, in fact, rubber stamp an illegal seizure of power after he loses the election.

I don't know. Maybe I just don't want to think about what happens when the election is inevitably railroaded to the Supreme Court by the Republicans. I for sure know I don't like being at the mercy of this particular court and being stuck hoping that the ghost of Scalia will be reasonable. Christ. I need a drink.


People thought Barr would be lawful as well so...
 
2020-09-26 11:32:29 AM  

Hoban Washburne: Well, the good news for me is that I'm a straight white male still.  Sorry for all the rest of you.


I tell people this quite frequently, not in a "ha ha" standpoint, but from a standpoint that is basically saying, look, I don't have to fight for any of this because I'm not affected, but I am fighting for this because my country is affected. It's an acknowledgment of my privilege as a white male and my empathy for what others are about to be subjected to. I have a wife and kids and it incenses me the degree of control that a bunch of conservative, mostly white, mostly male individuals want to exert on my family.
 
2020-09-26 11:32:34 AM  

Man On A Mission: MrBallou: You say we can't stop the confirmation, and you're probably right, but we can protest enough to let the bastards know we're not going to take the bullshiat anymore. People need to start taking to the streets outside the Capitol, outside Senator's offices, outside Senator's homes, outside the White House, on the Nation Mall, in your hometown, and every goddamn place people can gather.

Have you watched the news lately? People have been doing just that all across the country. And it won't make a damn bit of difference to the Mitch McConnel's of the world who only care about one thing: power. They believe the protestors have no power. The only way to change that is by voting. Voting is power, and that's the only thing politicians respect and respond to.

If making a sign, heading to a rally, and protesting all day makes you feel good, then by all means go for it. Just understand that your actions mean nothing to those you are protesting against as long as they believe they will remain in power.


This^^^

McConnel and Trump will have the National Guard shoot its way through your protest so they can get the senate seated and cast confirmation votes.

Book it, They will not pass up this chance to set up a ultra conservative SC.
 
2020-09-26 11:33:02 AM  

raerae1980: Id rather not.  She represents everything i was taught not to be -- subservient to men.  So she can f*ck off, and then f*ck off some more.


Not that subservient. She has a career and leaves her kids in care.
 
2020-09-26 11:33:18 AM  

Calypsocookie: Hoban Washburne: Well, the good news for me is that I'm a straight white male still.  Sorry for all the rest of you.

Are you a straight white male who likes to watch porn? Because they'll be coming after that too.


Honestly I would be very curious about how they will put that horse back in the barn.
 
2020-09-26 11:33:47 AM  
Nothing "originalist" about having corporations exist as legal people.
 
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