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Old 07-07-2014, 03:00 PM  
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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 07-07-2014, 07:30 PM   #16
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Originally Posted by patteeu View Post
The left wing is full of fools who fall for this kind of argument. DU is full of them.
Let's see your argument and analysis showing that Obama's EOs have been "worse" than his predecessors.
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Old 07-07-2014, 07:48 PM   #17
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Originally Posted by cosmo20002 View Post
Let's see your argument and analysis showing that Obama's EOs have been "worse" than his predecessors.
Why? The quality of my analysis wouldn't have any bearing on the value of the analysis Suzzer posted.
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Old 07-07-2014, 07:57 PM   #18
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Originally Posted by patteeu View Post
Why? The quality of my analysis wouldn't have any bearing on the value of the analysis Suzzer posted.
Why? Because it seems to go to the heart of the matter. Obama is apparently this lawless thug who acts as a king.

One way to gauge that would be to compare his actions to others.
Another would be to examine each EO and explain how it is an abuse of power.
In any event, what is there to back up these assertions of his lawlessness? So far, the stats showing that he issues less than his predecessors is better than anything else I've seen presented.
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Old 07-07-2014, 08:03 PM   #19
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Quote:
Originally Posted by patteeu View Post
Obama's actions definitely put unnecessary and regrettable strain on our constitutional system.
Strain ? How about 'total disregard/ignoring the Constitution' ! I get your point but this is what Marxists do best is 'IGNORE the Constitution when it doesn't fit their Marxist/Progressive agenda and then "TOUT to all Hell" when it fits their agenda.
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Old 07-07-2014, 08:44 PM   #20
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Quote:
Originally Posted by cosmo20002 View Post
Why? Because it seems to go to the heart of the matter. Obama is apparently this lawless thug who acts as a king.

One way to gauge that would be to compare his actions to others.
Another would be to examine each EO and explain how it is an abuse of power.
In any event, what is there to back up these assertions of his lawlessness? So far, the stats showing that he issues less than his predecessors is better than anything else I've seen presented.
Quantity tells us nothing. So no, that's not even better than nothing.
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Old 07-07-2014, 09:00 PM   #21
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Originally Posted by patteeu View Post
Quantity tells us nothing. So no, that's not even better than nothing.
So...you have nothing to back up the assertion that Obama has acted improperly, or even improperly compared to others.
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Old 07-07-2014, 11:37 PM   #22
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Originally Posted by LiveSteam View Post
I have an outhouse. It has a pen & a phone in it
i always thought you were a little off, but a phone fetish?

coupled with a shit fetish?

wow, that steam stuff must be potent shit, can i have some?
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Old 07-07-2014, 11:43 PM   #23
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Originally Posted by patteeu View Post
I don't think he's saying the decision is wrong. I think he's looking at it through a more institutional lens, where the contentious social issues of the day ought to be setlled politically as much as possible before resorting to the heavy hand of 5 black-robed demigods.

Decisions like this, especially when they're 5-4 with bitter dissent, undermine the court's moral authority.
and those 5 black-robed demigods have in nearly all cases been the 5 republican appointees, and those 5 have been in the majority for 45 years now...

it does more than undermine the court's moral authority, i think it tends to put the state of the law in flux because someday there will be a liberal majority and all those cases could in theory be reversed...

and i think all of the expansions of corporate personhood will be scrapped, together with citizens united...

but then i'm sometimes an optimist...
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Old 07-07-2014, 11:50 PM   #24
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I'm having a real difficult time understanding the complaints on this one. This one was always obvious. The government has no authority to force religious organizations to provide services that break their faith. There is no "right" to have employers provide contraception. This whole idea was ill-conceived to begin with. It was never going to pass muster across the board.
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Old 07-07-2014, 11:51 PM   #25
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Originally Posted by go bowe View Post
it does more than undermine the court's moral authority, i think it tends to put the state of the law in flux because someday there will be a liberal majority and all those cases could in theory be reversed...
They won't be though. If such a thing were easy, Roe v. Wade would be history by now. None of this is going to be erased. It's all baked in...
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Old 07-08-2014, 12:02 AM   #26
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Originally Posted by LiveSteam View Post
I have an outhouse. It has a pen & a phone in it
Keep digging those ditches...work hard and one day you will reach that dream of in-home running water.
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Old 07-08-2014, 12:08 AM   #27
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Quote:
Originally Posted by Taco John View Post
I'm having a real difficult time understanding the complaints on this one. This one was always obvious. The government has no authority to force religious organizations to provide services that break their faith. There is no "right" to have employers provide contraception. This whole idea was ill-conceived to begin with. It was never going to pass muster across the board.
Hobby Lobby Stores, Inc., is a religious organization?
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Old 07-08-2014, 03:29 AM   #28
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Originally Posted by Taco John View Post
They won't be though. If such a thing were easy, Roe v. Wade would be history by now. None of this is going to be erased. It's all baked in...
roe v wade may be history already with the way the states have been restricting access to abortions and the supremes apparent willingness to restrict abortion rights themselves (the buffer zone case)...
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Old 07-08-2014, 06:08 AM   #29
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Quote:
Originally Posted by Taco John View Post
I'm having a real difficult time understanding the complaints on this one. This one was always obvious. The government has no authority to force religious organizations to provide services that break their faith. There is no "right" to have employers provide contraception. This whole idea was ill-conceived to begin with. It was never going to pass muster across the board.
The government has not business mandating the benefits any employer provides employees.
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Old 07-08-2014, 06:38 AM   #30
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Originally Posted by cosmo20002 View Post
So...you have nothing to back up the assertion that Obama has acted improperly, or even improperly compared to others.
Sorry, I'm just not going to let you change the subject.
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