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#11
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OT Alito a Judicial Activist
NOYB wrote: "Harry Krause" wrote in message ... Bush is continuing the politicization of American politics. Huh? Not surprising that it went completely over YOUR head. |
#12
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OT Alito a Judicial Activist
On Tue, 1 Nov 2005 13:55:46 -0500, "P Fritz"
wrote: "NOYB" wrote in message link.net... "Bob" wrote in message ... On Tue, 01 Nov 2005 17:43:53 GMT, "NOYB" wrote: Ho hum. The man will be confirmed because there's not a thing the Democratic minority can do to stop it. more proof of the fact that the american middle class is virulently anti-middle class. That's right! I *am* middle class. Now if I could only convince the lawmakers in Congress and the folks at the IRS that I am *indeed* middle class... Smart people in the middle class aspire to be in the upper class someday.....which is why they oppose tax and other policies that would inhibit their goals. Morons (i.e. liebrals) wish for everyone to sink to their level. more pipe dreams. middle class income has not increased since 1975. you're just purveying a different version of the religious fundies who assert this life doesn't matter... upper class income is now, on average, over 400X that of middle class income. tax policies have overwhelmingly favored the rich. the new proposals now coming out of washington will eliminate the middle class tax deductions for mortages and for local/state taxes. they'll probably retain the cuts for the rich though. you guys hate yourself and your children so much it's pathetic. you live life in a cold sweat that somewhere in america a millionaire goes to bed unhappy. --------------------------- to see who "wf3h" is, go to "qrz.com" and enter 'wf3h' in the field |
#13
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OT Alito a Judicial Activist
OlBlueEyes wrote:
Harry Krause wrote in : My problem with this guy is that he is out of the mainstream. I think all judges should be more or less apolitical, and middle of the road. Like Ruth Buzzy Ginsburg, former legal counsel for the ACLU? May have seen her last night...riding that broom. Don't know for sure, they were all wearing black. -- Skipper |
#14
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OT Alito a Judicial Activist
"Harry Krause" wrote in message ... Skipper wrote: OlBlueEyes wrote: Harry Krause wrote in : My problem with this guy is that he is out of the mainstream. I think all judges should be more or less apolitical, and middle of the road. Like Ruth Buzzy Ginsburg, former legal counsel for the ACLU? May have seen her last night...riding that broom. Don't know for sure, they were all wearing black. -- Skipper Skippy's found himself another Jew-hating, black-hating soulmate. How appropriate. And with Smithers fronting, you've got an act worthy of the White Knights. So add Breyer and Stephens to the list. Are you saying they are *apolitical and middle of the road*? Judges should *enforce* the law, not make it......that is the legislators job. Unfortunately the liberal justices have deiced to do otherwise. The real question for any SC nominee is.........will you base your decisions on the Constitution of the United States (and Amendments) and what the founders originally intended? Yes, there are at times reasons for an amendment to the original Constitution, but that is not the job of the SC. |
#16
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OT Alito a Judicial Activist
On Wed, 02 Nov 2005 05:41:18 +0000, Bill McKee wrote:
But the guy is a qualified judge. That last statement is all that should be required. The POTUS in power at the time gets to nominate the judge. Ginsberg, is still an activist, but Congress approved her nomination. As one of the Senators I heard on the radio the other day said, it is the Presidents right to nominate, and as long as they are qualified, they should be confirmed. Except, the Constitution is clear on this. The President has the power, "by and with the Advice and Consent of the Senate". You wouldn't have our Senators abrogate their Constitutional duty, would you? |
#17
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OT Alito a Judicial Activist
Harry,
I love the way you group anyone who disagrees with you as a Jew Hating, RepubliTrash or whatever. When have I ever said anything remotely considered anti-Semitic? "Harry Krause" wrote in message ... Skipper wrote: OlBlueEyes wrote: Harry Krause wrote in : My problem with this guy is that he is out of the mainstream. I think all judges should be more or less apolitical, and middle of the road. Like Ruth Buzzy Ginsburg, former legal counsel for the ACLU? May have seen her last night...riding that broom. Don't know for sure, they were all wearing black. -- Skipper Skippy's found himself another Jew-hating, black-hating soulmate. How appropriate. And with Smithers fronting, you've got an act worthy of the White Knights. |
#18
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OT Alito a Judicial Activist
On Tue, 01 Nov 2005 19:09:10 -0500, *JimH* wrote:
So add Breyer and Stephens to the list. Are you saying they are *apolitical and middle of the road*? Take it up with Gerald Ford, he appointed Stevens. Oh, and if you don't like the behavior of the Supreme Court, don't vote Republican. Republicans have appointed seven of the nine Justices. Judges should *enforce* the law, not make it......that is the legislators job. Unfortunately the liberal justices have deiced to do otherwise. Liberal Justices? See above. The real question for any SC nominee is.........will you base your decisions on the Constitution of the United States (and Amendments) and what the founders originally intended? Cite please? How the hell do you know what the original founders intended? Yes, there are at times reasons for an amendment to the original Constitution, but that is not the job of the SC. |
#19
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OT Alito a Judicial Activist
On Tue, 01 Nov 2005 12:53:02 -0500, Harry Krause wrote:
Going beyond the more traditional and reasonable political division that have long existed, and raising the splits to a higher level. Poor choice of word on my part. Oh well. Harry, I'm also very concerned with the direction of the Court, but personally, even if Alito is confirmed, I think it may be a wash. Rehnquist was, himself, quite conservative, and I'm actually expecting Roberts may be more like O'Conner than some would expect. Either way, I'd rather have a competent Justice, than a numbnut like Thomas. |
#20
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OT Alito a Judicial Activist
"Bill McKee" wrote in message ink.net... "Harry Krause" wrote in message ... wrote: Alito The Judicial Activist Supreme Court nominee Samuel Alito has captured the hearts of the right wing. President Bush introduced him to the American people as a man who has "a deep understanding of the proper role of judges in our society [and] that judges are to interpret the laws, not to impose their preferences or priorities on the people." Sen. Bill Frist (R-TN) said on Fox News that Alito has "shown judicial restraint in the past," and the Heritage Foundation's Ed Meese noted that this nominee has "shown careful and consistent fidelity to the Constitution and laws as written." But the right wing's spin won't hold up for long. Lawrence Lustberg, a New Jersey criminal defense lawyer who has known Alito since 1981, described him as "an activist conservatist judge. He's very prosecutorial from the bench. He has looked to be creative in his conservatism." Legal scholar Jeffrey Rosen asserted that Alito has been a "conservative activist" whose "lack of deference to Congress is unsettling." Alito's past decisions show that as a Supreme Court justice, he will not hesitate to actively overstep judicial boundaries to further right-wing ideology, just like Supreme Court Justices Clarence Thomas and Antonin Scalia have done. ALITO TOOK CONGRESS'S COMMERCE POWER, GAVE PUBLIC MACHINE GUNS: In 1996, Judge Alito was the sole dissenter on the Third Circuit Court of Appeals in U.S. v. Rybar where his colleagues upheld Congress's right to ban fully automatic machine guns. Alito argued that Congress had no power under the Commerce Clause to enact such a law. But he did not stop there. He further demanded that "Congress be required to make findings showing a link between the regulation and its effect on interstate commerce, or that Congress or the president document such a link with empirical evidence." The majority sharply disagreed with Alito: "We know of no authority to support such a demand on Congress" and the requirement would essentially require the federal government to "play Show and Tell with the federal courts." Alito is willing to overstep the separation of powers and actively limit Congress's interstate commerce power, which is at "the heart of a vast number of civil rights laws, discrimination laws and worker protections." ALITO STRUCK DOWN FAMILY MEDICAL LEAVE ACT: The Family Medical Leave Act (FMLA) "guarantees most workers up to 12 weeks of unpaid leave to care for a loved one." In the 2000 case Chittister v. Department of Community and Economic Development, Alito used his judicial position to "prevent the federal government from enforcing civil rights protections." Alito held that Congress overstepped its authority under the Fourteenth Amendment and therefore had no power to require employers to comply with the FMLA. But the only one who overstepped authority was Alito. In 2003, the late Chief Justice William Rehnquist led the majority that overturned Alito's reasoning. "The Supreme Court decided that even its own path down the road of limiting Congress's power would not go so far," said Goodwin Liu, a law professor at the University of California, Berkeley. ALITO WEAKENED EXISTING ANTITRUST AND DISCRIMINATION LAWS: Alito has shown a willingness to push the boundaries of the law for the benefit of corporate interests. In the 2001 case, LePage's v. 3M Corp. Alito sided with the 3M Corp, arguing that its bundling techniques did not violate the Sherman Antitrust Act. Judge Sloviter, the sole dissenter on the 3-person panel, argued that Alito's decision would "weaken Section 2 of the Sherman Act to the point of impotence," in addition to weakening marketplace competition. (The Third Court eventually heard the case en banc and sided with Sloviter, in a 7-3 decision.) In Bray v. Marriott Hotels (1996), Marriott sought to deny the plaintiff, an African-American woman, the right to present her case of racial discrimination. Alito sided with Marriott, while the majority siding with Bray criticized Alito for overstepping his judicial role and "acting as a factfinder [and] taking it upon himself to interpret the meaning of the deposition testimony of one of the defendants." "Title VII would be eviscerated if our analysis were to halt where the dissent suggests," wrote the majority. Alito's willingness to change legislation at all levels of government show "that there's a real chance that he will, like Justice Scalia, choose to make law rather than interpret law," said Sen. Charles Schumer (D-NY). My problem with this guy is that he is out of the mainstream. I think all judges should be more or less apolitical, and middle of the road. By naming a well-known right-winger, Bush is continuing the politicization of American politics. In the long run, this is simply not the way to go. But the guy is a qualified judge. That last statement is all that should be required. The POTUS in power at the time gets to nominate the judge. Ginsberg, is still an activist, but Congress approved her nomination. As one of the Senators I heard on the radio the other day said, it is the Presidents right to nominate, and as long as they are qualified, they should be confirmed. He brought up Ginsberg as an example. Their political leanings are not part of the qualification. The fact that a President normally gets to appoint one judge at most, keeps a balanced court. Screwed up maybe, but a balanced bunch of screwups. Since the election of 2000 the main stream of the US has been right of center so Harry's claim that Judge Alito is out of the main stream is false. |
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