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Old 07-07-2014, 04:00 PM  
Cave Johnson Cave Johnson is offline
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H.W. Appointee: SCOTUS Should STFU

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Richard George Kopf is a federal judge in Nebraska's U.S. District Court. He was appointed by George H.W. Bush in 1992, and he's been running a personal blog called Hercules and the Umpire for about a year. In one recent post, he told the Supreme Court to shut the **** up.

The closing of the post, titled "Remembering Alexander Bickel's passive virtues and the Hobby Lobby cases," reads:

Next term is the time for the Supreme Court to go quiescent–this term and several past terms has proven that the Court is now causing more harm (division) to our democracy than good by deciding hot button cases that the Court has the power to avoid. As the kids says, it is time for the Court to stfu.

Kopf links to an Urban Dictionary definition in case his meaning isn't clear.

1) Acronym used for the phrase "shut the **** up" for efficiency reasons.

Please stfu because I am trying to read.

The judge takes issue with the Court's decision to hear the Hobby Lobby case at all, arguing that it should ignore very controversial cases when it can. He elaborates:

The Hobby Lobby cases illustrate why the Court ought to care more about Alexander Bickel's "passive virtues"–that is, not deciding highly controversial cases (most of the time) if the Court can avoid the dispute.** What would have happened if the Supreme Court simply decided not to take the Hobby Lobby cases? What harm would have befallen the nation? What harm would have befallen Hobby Lobby family members who would have been free to express their religious beliefs as real persons? Had the Court sat on the sidelines, I don't think any significant harm would have occurred. The most likely result is that one or more of the political branches of government would have worked something out. Or not. In any event, out of well over 300 million people, who would have cared if the law in different Circuits was different or the ACA's contraception mandate was up in the air?

Anyone who disagrees can gtfo, tbh.
http://gawker.com/federal-judge-tell...bby-1601146318
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Old 07-08-2014, 10:59 AM   #46
cosmo20002 cosmo20002 is offline
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Originally Posted by patteeu View Post
Sorry, I'm just not going answer your very reasonable and relevant question to let you change the subject.
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Old 07-08-2014, 11:51 AM   #47
BucEyedPea BucEyedPea is offline
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Originally Posted by patteeu View Post
"Moral authority" might not mean what you seem to think it means. The court doesn't have an army at it's disposal. The only authority it has, even if it's basing it's decisions on the conservative fundamentals set forth in the constitution, is that which people are willing to agree that it has. To the extent that it comes to be perceived as just another political body that makes decisions based on the personal political beliefs of it's Justices, that authority is undermined.
None of that disputes the words "moral authority." I think you don't know what it means. The law may not always be fair or good is what I am referring too. It just is. So you can have a decision you think is bad for the country (morals) but it is correct based on the law. That means another mechanism is needed to change it, to bring something into alignment as to what people think is good/bad or right/wrong. Amendments and/or a change in a law. Only thing is that religious freedom restoration act is not unConstitutional but reinforces the inalienable right to the free exercise of religion. So I don't see how changing any law or amendment effectively does what the left wants here, as this is an inalienable right.
An amendment would be a dangerous curb on freedom of religion.

What is really needed, more than anything, is an Amendment to reinforce the property rights in the Constitution. I consider that to be a type of morals.
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Last edited by BucEyedPea; 07-08-2014 at 11:56 AM..
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Old 07-08-2014, 11:57 AM   #48
Bambi Bambi is offline
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Originally Posted by Cochise View Post
When you have an executive branch that continually disregards the separation of powers, the judiciary has the unfortunate responsibility of checking them. It's not the court's fault that the constitutional lecturer doesn't know the constitution...
lol, dumb ass post is dumb
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Old 07-08-2014, 12:03 PM   #49
vailpass vailpass is offline
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Originally Posted by Bambi View Post
lol, dumb ass post is dumb
As you have so aptly illustrated with this post...
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Old 07-08-2014, 01:28 PM   #50
Cave Johnson Cave Johnson is offline
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Quote:
Originally Posted by patteeu View Post
My concern with this is that conservative judges seem to me to be more self-constrained by precedent than liberal judges. But I hope you're right.

Even more, I hope we don't have to experience a majority liberal court any time soon. 2016 is important.
This may be the most horseshit thing you've ever posted, and that's saying a lot.
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Old 07-08-2014, 01:44 PM   #51
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Quote:
Originally Posted by cosmo20002 View Post
Let's see your argument and analysis showing that Obama's EOs have been "worse" than his predecessors.
So next term a Republican is elected president. He signs Executive orders cancelling the right to free speech, and the right to own property. He then signs an Executive order outlawing abortion. Those are the only 3 executive orders he signs. Would he still be okay because he only signed 3 executive orders?

Quantity doesn't mean a thing. A president can sign 500 executive orders and not have it mean a thing if they are administrative orders that fall under his jurisdiction. I thought you were at least a little smarter than falling prey to an email chain type graph. Guess not.
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Old 07-08-2014, 01:46 PM   #52
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Sounds like this judge is just as retarded as the 4 SCJ's that made up the dissent.
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Old 07-08-2014, 02:38 PM   #53
cosmo20002 cosmo20002 is offline
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Quote:
Originally Posted by jjjayb View Post
So next term a Republican is elected president. He signs Executive orders cancelling the right to free speech, and the right to own property. He then signs an Executive order outlawing abortion. Those are the only 3 executive orders he signs. Would he still be okay because he only signed 3 executive orders?

Quantity doesn't mean a thing. A president can sign 500 executive orders and not have it mean a thing if they are administrative orders that fall under his jurisdiction. I thought you were at least a little smarter than falling prey to an email chain type graph. Guess not.
Thanks, but I fully understand the quantity argument, even if your examples are preposterous. I've asked several times for another way to demonstrate Obamas alleged lawlessness with these EOs. No one has stepped up.
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