Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

octoberlib

(14,971 posts)
Mon Jul 7, 2014, 11:09 AM Jul 2014

Federal judge to Supreme Court following Hobby Lobby decision: ‘STFU’

Writing on his personal blog, a federal judge appointed to the bench by President George H. W. Bush, advised the Supreme Court to avoid “divisive cases” in the future that do more harm good — such as the recent Hobby Lobby decision – before offering a more blunt suggestion: shut the f*ck up.


Citing the late Constitutional Law Professor Alexander Bickel’s advice regarding the “passive virtues” of judicial decision-making –- refusing to decide cases on substantive grounds if narrower grounds exist to decide the case — Kopf wrote that the Hobby Lobby case could have been resolved in less controversial ways.


Kopf wrote:

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?

He then added, “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.”
http://www.rawstory.com/rs/2014/07/07/federal-judge-to-supreme-court-following-hobby-lobby-decision-stfu/

12 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

samsingh

(17,599 posts)
1. 5 members of the supreme court appear to be thumbing
Mon Jul 7, 2014, 11:23 AM
Jul 2014

their nose at Democrats, the law, America, and all decency.

they appear to be drunk with power

 

Heather MC

(8,084 posts)
6. Either Drunk with power or very well paid-off. There has to be a money trail somewhere
Mon Jul 7, 2014, 01:53 PM
Jul 2014

My Personal Opinion I have no Proof, but Money Rules these people

riqster

(13,986 posts)
3. A less drastic proposal;
Mon Jul 7, 2014, 01:23 PM
Jul 2014
http://www.politicususa.com/2013/08/03/democrats-introduce-bill-impeach-scotus-justices-thomas-scalia.html

On Thursday, a group of Democratic lawmakers proposed a law to establish a Code of Conduct for the Supreme Court.

It’s surely to have Supreme Court Justices Thomas and Scalia quaking in their Tea Party boots because it would mean they would actually have to be independent of political and other influences. They would also have to have the appearance of independence. They would have to stay away from political activity. That part would be really hard.

As it stands, this law would help guarantee that Supreme Court Justices are held to the same ethical standards we expect of other judges.


 

LanternWaste

(37,748 posts)
7. I'd guess the less-than-clever may indeed, see yours as the only other choice available.
Mon Jul 7, 2014, 01:55 PM
Jul 2014

I'd guess the less-than-clever may indeed, see yours as the only other choice available.

former9thward

(32,029 posts)
5. Legally the blog comments are nonsensical.
Mon Jul 7, 2014, 01:43 PM
Jul 2014

The reason for the Supreme court's existence is to take on controversial cases. If cases were easy they never would have made it to the SC. You can make the argument the federal judge is making about any case. What would have happened if the SC did not take on the ACA case? Or any other case? Would the country come to a halt? No. So, the SC should not take on any controversial cases? It makes no sense.

tymorial

(3,433 posts)
9. I have a problem with this
Mon Jul 7, 2014, 02:02 PM
Jul 2014

Where is the line on divisive cases? If the court during the middle to early latter half of the 20th century followed this practice, how long would Jim Crow and Segregation have continued? Would it have even ended in some areas? Certainly without RVW many states would still have abortion bans in place. My sister and sister in law would still be required to file taxes as single and be unable to claim dependency status for both of their children. Hell, my sister was forced to adopt her daughter because under federal law she was not married to her wife. I understand what this justice is attempting to state based upon the Hobby Lobby decision but its short sighted.

UTUSN

(70,714 posts)
10. R#31 & K for, you beat me to it. Here's Gawker's humorous version:
Mon Jul 7, 2014, 02:34 PM
Jul 2014

*********QUOTE********

http://gawker.com/federal-judge-tells-supreme-court-to-stfu-after-hobby-1601146318

[font size=5]Federal Judge Tells Supreme Court to "STFU" After Hobby Lobby[/font]

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 fuck 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. ....


***** 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.

*************UNQUOTE*************

Latest Discussions»General Discussion»Federal judge to Supreme ...