SCOTUS Vacancy

January 28th, 2022 at 6:30:31 AM permalink
Mission146
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Member since: Oct 24, 2012
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Quote: ams288
Thoughts and prayers to any member who actually reads this entire post.


I read it all, any disagreements I would have with it would be very minor.
"War is the remedy that our enemies have chosen..let us give them all they want." William T. Sherman
January 28th, 2022 at 6:31:40 AM permalink
AZDuffman
Member since: Oct 24, 2012
Threads: 135
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Quote: Mission146
I'm going to agree with AZDuffman on the optic, but disagree with those (and I don't know if AZDuffman is one) who would suggest that Biden is passing over the, "Most qualified candidate."

Other than that which is specified by the Constitution, which isn't a whole lot, I don't know what the, 'Qualifications,' for SCOTUS are, but they seem to mostly just be having a clean judicial record at a federal level and the POTUS wanting to nominate you. With that, I'm not convinced that there is anyone out there who is vastly, 'More qualified,' than any other person, but maybe I'm surrounded by advanced judicial Constitutional scholars everywhere I go and I just don't know it.

The optic is pretty poor if he said, in advance, that he was looking for a black woman to nominate. I don't know if that's true, of course, but it probably is because he telegraphed that VPOTUS must be a woman.

Anyway, telegraphing it in advance lends the opportunity to make the argument and also unfairly sullies the reputation of that justice, in the eyes of some Americans, because it does create an opportunity to argue that the person was only nominated due to race/gender, even though many of the people making said complaint couldn't spell, "Judicial," on the first try.

My opinion is that Biden should not have telegraphed it and just quietly nominated a black woman. Again, I'm certain there are plenty who are qualified. If he had done that and you heard people say, "He only nominated her because she's a black woman!", then you could easily criticize those people, but any and all criticisms along those lines are gone when Biden himself tells you those are two of the criteria required to get the nomination.


"Qualified" would be like any other job interview. For example, dealer school qualifies you to a locals or break-in joint but not to The Strip. A year of dealing will probably let you be dual-rate but not yet the pit boss. A few years of pit boss probably gets you to shift manager. At each level HR will have "qualifications" but the best dealer might not be made for bossing the pit and thus stays a dealer.

The Constitution does not spell out qualifications for SCOTUS but really the person needs to have worked their way up the federal court system. Besides that the selection committee is going to want to see several years of published legal opinion in journals. Plus a clean personal life. They have probably been groomed along the way to some extent.

If he had not telegraphed it people might or might not still think it. Many would as his history shows skin color is a qualification to him. Any black female will not live that down and it is Biden's fault. But all affirmative action works this way. Until AA is ended every black will have to keep proving themself as not hired for skin color.
The President is a fink.
January 28th, 2022 at 6:33:33 AM permalink
SOOPOO
Member since: Feb 19, 2014
Threads: 22
Posts: 4175
Quote: rxwine
Multiple perspectives matter. For example, not that native Americans would have joined our early government or even been allowed, there certainly were lots of disadvantages as most existed outside the system.

Using your own position, it would be completely fair to have the court filled with 12 white liberals if they were the most highly qualified. Because we would only use the highly qualified.

That would make me happy. But that's the problem with your position.

Look at an international situation going on right how. Putin has said "Ukraine is not even a real country" You think being qualified is the only thing to worry about there?


I expect that an objective analysis would reveal a few highly qualified judges who look at the law through a liberal lens , and a few that look at it through a conservative lens. I expect that the President will choose one from the group that uses the same lens that he does. If by some chance the President stays liberal for the next few decades, then the court over time will become liberal. That’s one of the big powers of the President. I can’t make it clearer. I don’t like or dislike Clarence Thomas because of his race or gender. I don’t like or dislike Neil Gorsuch because of his race or gender. I want my President to evaluate a potential Supreme Court nominee on whatever criteria he wants, EXCEPT NOT race or gender, or sexual orientation. Probably a few more things I can’t think of right now.
January 28th, 2022 at 6:44:26 AM permalink
Mission146
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Quote: AZDuffman
"Qualified" would be like any other job interview. For example, dealer school qualifies you to a locals or break-in joint but not to The Strip. A year of dealing will probably let you be dual-rate but not yet the pit boss. A few years of pit boss probably gets you to shift manager. At each level HR will have "qualifications" but the best dealer might not be made for bossing the pit and thus stays a dealer.

The Constitution does not spell out qualifications for SCOTUS but really the person needs to have worked their way up the federal court system. Besides that the selection committee is going to want to see several years of published legal opinion in journals. Plus a clean personal life. They have probably been groomed along the way to some extent.

If he had not telegraphed it people might or might not still think it. Many would as his history shows skin color is a qualification to him. Any black female will not live that down and it is Biden's fault. But all affirmative action works this way. Until AA is ended every black will have to keep proving themself as not hired for skin color.


I would say to the first paragraph that is what the confirmation process is meant to do, so I would think there would be some vetting. I seriously doubt that everyone will do this vetting impartially (speaking to both sides), but enough will, I should hope.

To the second paragraph, I'm certain that there are qualified African-American female candidates, probably quite a few, so I'm not really worried about that.

To the last paragraph, exactly my point. Just nominate the person without telegraphing it and, by way of the vetting process, it will become clear that the person is a good judge at the Federal level and all of the other mentioned criteria. Let the other side make it about race---why would you make it about race for them if you're Biden?
"War is the remedy that our enemies have chosen..let us give them all they want." William T. Sherman
January 28th, 2022 at 6:52:37 AM permalink
terapined
Member since: Aug 6, 2014
Threads: 73
Posts: 11791
Quote: Mission146
My main point is Asians and those of Asian descent, 5.7% of the population, by the way...should be royally ticked off.

I'm not ticked off
Far from it
Not even close
Where does this crap come from????????????????
I'm thrilled he is nominating a Black female
It's about time
The qualification is to be a good judge
There is no best judge
It's not a competition
Sometimes we live no particular way but our own - Grateful Dead "Eyes of the World"
January 28th, 2022 at 6:54:26 AM permalink
Mission146
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Member since: Oct 24, 2012
Threads: 23
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Quote: terapined
I'm not ticked off
Far from it
Not even close
Where does this crap come from????????????????
I'm thrilled he is nominating a Black female
It's about time
The qualification is to be a good judge
There is no best judge
It's not a competition


Well, I'll be...not ticked off...but mildly irritated on your behalf that if race-based decisions are being made that we can't get an Asian-American on SCOTUS since there has never been one. I don't think it should be about race either way, but if making it about race, I think it should be an Asian because there are not and have never been any Asians on SCOTUS.
"War is the remedy that our enemies have chosen..let us give them all they want." William T. Sherman
January 28th, 2022 at 6:56:21 AM permalink
terapined
Member since: Aug 6, 2014
Threads: 73
Posts: 11791
Quote: Mission146
Well, I'll be...not ticked off...but mildly irritated on your behalf that if race-based decisions are being made that we can't get an Asian-American on SCOTUS if there has never been one. I don't think it should be about race either way, but if making it about race, I think it should be an Asian because there are not and have never been any Asians on SCOTUS.

No even mildly irritated
Quite the opposite
THRILLED
Absolutely thrilled
Sometimes we live no particular way but our own - Grateful Dead "Eyes of the World"
January 28th, 2022 at 7:03:50 AM permalink
terapined
Member since: Aug 6, 2014
Threads: 73
Posts: 11791
I glanced at the news
From what I can determine
It's white men that are pissed off, not Asians
Everybody I see complaining are white men just like mission. I met Mission. White
I'm sure Mission sees the same thing but thinks Asian for some absurd reason. Weird
He must be taking lessons from AZ.
Sometimes we live no particular way but our own - Grateful Dead "Eyes of the World"
January 28th, 2022 at 7:10:49 AM permalink
rxwine
Member since: Oct 24, 2012
Threads: 189
Posts: 18762
One of the reasons we fought the Nazis is they were practicing diversity where they were making sure people of all races, ethnicity, gender, sexual preference, and class, all had seats in powerful position making roles in their society.

Had to crush that for the good of everything.

(Whatever you want to say about diversity, it's far from excluding whole groups of people by unqualified definitions of racism)
You believe in an invisible god, and dismiss people who say they are trans? Really?
January 28th, 2022 at 7:28:41 AM permalink
ams288
Member since: Apr 21, 2016
Threads: 29
Posts: 12532
Quote: Mission146
My main point is Asians and those of Asian descent, 5.7% of the population, by the way...should be royally ticked off. As long as we are basing nominations, at least in part, on race and/or gender, then it's probably time to get an Asian on SCOTUS before a black woman specifically. We already have women, one a minority, and a black man, but never an Asian.


Sounds like a good argument for expanding the court!
“A straight man will not go for kids.” - AZDuffman