@Dan_Ramos @adam @Johncdvorak You know what the true tragedy is? It shouldn't fucking matter who is nominated for a supreme court judge, so long as they follow the god damn law. The fact that you can guess exactly the way a Federal Court judge can rule based on the president that appointed them is super fucked.

The courts and the laws have been weaponized.

Politics ruins everything.

#VivaFrei

@djsumdog @Dan_Ramos @adam @Johncdvorak well, at the level of the supreme court, it is not as simple as 'following the law'. SCOTUS gets involved when it isn't clear how the constitution applies to an ambiguous case in the real world. They use what they know about the founders' intent to try to interpret the text. Black and white cases don't make it to SCOTUS.

@thoughtcriminal
@djsumdog @Dan_Ramos @adam @Johncdvorak

yes but some nominees get confirmed by overwhelming margins, including Scalia on the right and Ginsburg on the left. those are what we should want, where Senate control is irrelevant.

@thoughtcriminal @Dan_Ramos @adam @Johncdvorak

> founders' intent

Well, not always. This is the classic debate about constitutionality and originalism. Is the constitution a living document, or should it be foundational? How strong is the weight of precedent in the alterability of court decisions (stare decisis).

Senators use to ask the important questions at confirmation hearings. Unqualified people like Harriet Miers would get confirmed today if the right party endorsed her.

C'mon, man, I'm gonna give you the whole load: Republicans aren't exactly known for being non-hypocritical on this subject either. Then again, they're politicians, which means they are hypocrites by definition.

@Ariesian1 @Dan_Ramos @adam @Johncdvorak

@Dan_Ramos @adam @Johncdvorak ok wait. Second take. These are “representatives” right? Representatives represent constituencies. I just realized why politicians are how they are. They’re just representing the hypocrisy of the majority of their voters. Most of their voters don’t want Trump to nominate someone. Back then they did. They have to represent their views. Not truth or consistency. I suppose this is the drawback of a representative government.

@Dan_Ramos @adam @Johncdvorak Ha! That’s pretty much what it is. The contortion is real!

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