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L. Coyote

(51,129 posts)
Tue Oct 3, 2017, 09:48 PM Oct 2017

Ginsburg Slaps Gorsuch in Gerrymandering Case

Ginsburg Slaps Gorsuch in Gerrymandering Case
By Jeffrey Toobin

In one cutting remark, Justice Ruth Bader Ginsburg summed up how Justice Neil Gorsuch’s patronizing lecture on the Constitution omitted some of the Court’s most important precedents. ...................

The argument had gone on for nearly an hour when Gorsuch began a question as follows: “Maybe we can just for a second talk about the arcane matter of the Constitution.” There was a rich subtext to this query. Originalists and textualists such as Gorsuch, and his predecessor on the Court, Antonin Scalia, often criticize their colleagues for inventing rights that are not found in the nation’s founding document. Gorsuch’s statement that the Court should spare “a second” for the “arcane” subject of the document was thus a slap at his ideological adversaries; of course, they, too, believe that they are interpreting the Constitution, but, in Gorsuch’s view, only he cares about the document itself.

Gorsuch went on to give his colleagues a civics lecture about the text of the Constitution. “And where exactly do we get authority to revise state legislative lines? When the Constitution authorizes the federal government to step in on state legislative matters, it’s pretty clear—if you look at the Fifteenth Amendment, you look at the Nineteenth Amendment, the Twenty-sixth Amendment, and even the Fourteenth Amendment, Section 2.” In other words, Gorsuch was saying, why should the Court involve itself in the subject of redistricting at all—didn’t the Constitution fail to give the Court the authority to do so?

Ruth Bader Ginsburg, who is bent with age, can sometimes look disengaged or even sleepy during arguments, and she had that droopy look today as well. But, in this moment, she heard Gorsuch very clearly, and she didn’t even raise her head before offering a brisk and convincing dismissal. In her still Brooklyn-flecked drawl, she grumbled, “Where did ‘one person, one vote’ come from?” ....................
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Ginsburg Slaps Gorsuch in Gerrymandering Case (Original Post) L. Coyote Oct 2017 OP
Sounds as if he is trying to fill the Asshole Shoes left behind by Scalia. n/t spooky3 Oct 2017 #1
Of course he is... That's why Comrade McConnell made it possible. Raster Oct 2017 #5
Gorsuch is unctuous and entitled and madaboutharry Oct 2017 #2
Love her, love her, love her! mcar Oct 2017 #3
Shouldn't a point like his have been expressed BEFORE the Supremes agreed to hear the case? Gidney N Cloyd Oct 2017 #4
It probably was. former9thward Oct 2017 #10
As I assumed. So Gorsuch seems out of order here. Among other things... Gidney N Cloyd Oct 2017 #16
It the precedent wasn't extant, they likely wouldn't be hearing the case at all. L. Coyote Oct 2017 #22
He's as bad as it gets and she's.... well, wonderful. mountain grammy Oct 2017 #6
I hope everybody reads the whole article at the link SCantiGOP Oct 2017 #7
The new guy should just keep quiet for awhile FakeNoose Oct 2017 #8
As a counterpoint, Clarence Thomas is so quiet he can be confused for being asleep mythology Oct 2017 #9
Maybe that's grounds for revoking his appointment? FakeNoose Oct 2017 #11
He has to wait for direction from his wife and the other Tea Party loons first. TheBlackAdder Oct 2017 #25
The Notorious RBG -- long may she remain on the Court Hekate Oct 2017 #12
Yes! Poor (great) thing. Hillary expected her to be able to have a nice retirement. Hortensis Oct 2017 #18
Yes! To her health!! MsLeopard Oct 2017 #23
Looks like HDSam Oct 2017 #13
It looks like he has Scalia's award already locked up for this year! TheBlackAdder Oct 2017 #26
Hey illegitimate justice Gorsuch..............since your suppose to a learned individual turbinetree Oct 2017 #14
The Framer's Coup. Maybe it should be required Alice11111 Oct 2017 #39
RGB!!!!!!!!!!!!!!! TeamPooka Oct 2017 #15
The entire point of the census. joshcryer Oct 2017 #17
An article I read by a justice a while ago expressed dismay at Gorsuch's Hortensis Oct 2017 #19
The Bernie or Busters... Pugster Oct 2017 #20
+1 oasis Oct 2017 #29
You mean the republicans who would have voted for Bernie? onit2day Oct 2017 #31
The newest urban myth. Bernie is why HRC lost. mjvpi Oct 2017 #34
Post removed Post removed Oct 2017 #36
Exactly my point. Where is your research? How many Bernie or Busters were there in swing states? mjvpi Oct 2017 #37
Accepting something that doesn't belong to you is a crime... czarjak Oct 2017 #21
K&R Gothmog Oct 2017 #24
A stolen seat doesn't deserve any respect. usaf-vet Oct 2017 #27
good for her bdamomma Oct 2017 #28
He's a stooge bucolic_frolic Oct 2017 #30
A stolen seat doesn't deserve any respect. usaf-vet Oct 2017 #32
I think that someone in her position could give someone in his position milestogo Oct 2017 #33
All I know if when Trump is impeached or arrested or the vote is finally found to be fraudulent Maraya1969 Oct 2017 #35
Notorious RBG rules! Nitram Oct 2017 #38
May she continue to bitchslap him-- GoCubsGo Oct 2017 #40
Did Gorsuch Have a Respose? dlk Oct 2017 #41
Ooh, he got "Gins-burned!" TechNerd Oct 2017 #42
Good one! Rhiannon12866 Oct 2017 #43
Excellent first post. Welcome to DU. L. Coyote Oct 2017 #44
... geardaddy Oct 2017 #45

former9thward

(32,081 posts)
10. It probably was.
Tue Oct 3, 2017, 10:59 PM
Oct 2017

The SC needs four out of the nine Justices to agree to hear a case. We don't know what the vote was to hear the case, only that at least four of them voted to hear it. They debate and give their opinions on whether to take a case before that vote is taken.

L. Coyote

(51,129 posts)
22. It the precedent wasn't extant, they likely wouldn't be hearing the case at all.
Wed Oct 4, 2017, 11:31 AM
Oct 2017

One reason Gorsuch's useless verbiage needed a good put down. He fails to understand how the case made it to the court in the first place.

mountain grammy

(26,650 posts)
6. He's as bad as it gets and she's.... well, wonderful.
Tue Oct 3, 2017, 10:25 PM
Oct 2017
In short, Ginsburg was saying to Gorsuch that he and his allies might control the future of the Supreme Court, but she wasn’t going to let them rewrite the history of it—at least not without a fight.

FakeNoose

(32,751 posts)
8. The new guy should just keep quiet for awhile
Tue Oct 3, 2017, 10:53 PM
Oct 2017

...just like every other guy's "first time on the job."

Maybe he'll learn something from the people who have been doing it for a lot longer.

Just sayin'

 

mythology

(9,527 posts)
9. As a counterpoint, Clarence Thomas is so quiet he can be confused for being asleep
Tue Oct 3, 2017, 10:58 PM
Oct 2017

and he has learned roughly speaking nothing about his job.

Hortensis

(58,785 posts)
18. Yes! Poor (great) thing. Hillary expected her to be able to have a nice retirement.
Wed Oct 4, 2017, 01:23 AM
Oct 2017

Now she's hoping RBG can hang on for as many years as needed. As we all are.

MsLeopard

(1,265 posts)
23. Yes! To her health!!
Wed Oct 4, 2017, 11:56 AM
Oct 2017

May she live long and stay on the court for years to come, we need her desperately. Here's to you RBG!!!

HDSam

(251 posts)
13. Looks like
Tue Oct 3, 2017, 11:38 PM
Oct 2017

Gorsuch is going to miss out on getting the Supreme Court’s ‘Entry Level Employee of the Year’ award.

turbinetree

(24,720 posts)
14. Hey illegitimate justice Gorsuch..............since your suppose to a learned individual
Tue Oct 3, 2017, 11:42 PM
Oct 2017

how many conventions were there in the Constitutional conventions process on making of the constitution and how many Bill of Rights were discussed, or as they are known now as Amendments..............just maybe jerk, you should get a book called, hold on to your right wing seat, just like you did in the trucker drivers freezing seat...............

The Framers' Coup ,The Making of the United States Constitution , by Michael J. Klarman, Oxford University Press 2016

And just maybe you can see the "notes" how the thinking was presented by all of the participates that left "notes" when it came to the individual right of VOTING for the individual person having that "one" vote

Ginsberg ......................I love her, I really like a "woman" who smacks down a punk, and they don't even know it's coming....

Hortensis

(58,785 posts)
19. An article I read by a justice a while ago expressed dismay at Gorsuch's
Wed Oct 4, 2017, 01:30 AM
Oct 2017

arrogance, and concern. These are my words since I can't even think of who the justice is.

But he or she explained that he and other justices normally had taken up to 2-3 years of learning on the court to find their feet, that the enormity and complexity of the job instilled humility in all of them. Not Gorsuch. Apparently this isn't the first time, or the second, that this newbie has instructed his colleagues on the constitution, his version of course. He immediately started writing assents and dissents on cases to put his own special opinions on them. He doesn't ask questions of other justices and apparently feels no particular need to trade thoughts or consult on legal reasoning and precedents.

This is going to be a bad one.

 

Pugster

(229 posts)
20. The Bernie or Busters...
Wed Oct 4, 2017, 04:22 AM
Oct 2017

Didn't vote for Hillary, becoming an important factor in the rise of Gorsuth to the Supreme Court.

mjvpi

(1,389 posts)
34. The newest urban myth. Bernie is why HRC lost.
Wed Oct 4, 2017, 09:05 PM
Oct 2017

Every Bernie supporter I know voted whole heartedly for Clinton for exactly this reason. Posts like this make me believe that the Russians are still driving descent. I have not seen any research that backs up what you say.

Response to mjvpi (Reply #34)

mjvpi

(1,389 posts)
37. Exactly my point. Where is your research? How many Bernie or Busters were there in swing states?
Wed Oct 4, 2017, 10:37 PM
Oct 2017

I have seen no exit polling to support your statement. From the number of first time voters that the Saunders campaign brought in, you probably have a better chance of arguing that Hillary only won the popular vote because of Saunders. I haven't seen research either way. My unscientific statement was based on people I know and all of the news that I read. What are you basing your statement on?

usaf-vet

(6,207 posts)
27. A stolen seat doesn't deserve any respect.
Wed Oct 4, 2017, 02:37 PM
Oct 2017

This seat is part of the long term rightwing plan to disassemble our democracy. The country is clearly under attack and it seems at this time in our history that the attack is from a domestic threat.

Whether it is the attack on the Constitution by right wing judges or a home grown terrorist attack in Las Vegas. Killing 58 and injuring 500+. The current threats are from within borders.

bucolic_frolic

(43,287 posts)
30. He's a stooge
Wed Oct 4, 2017, 04:26 PM
Oct 2017

that they have spent 30 years planning and scheming for his SCOTUS install.

But be of good cheer. Obviously a slow dogmatic wit, and illegitimate, and one never knows what political winds will play that out.

usaf-vet

(6,207 posts)
32. A stolen seat doesn't deserve any respect.
Wed Oct 4, 2017, 08:24 PM
Oct 2017

This seat is part of the long term rightwing plan to disassemble our democracy. The country is clearly under attack and it seems at this time in our history that the attack is from a domestic threat.

Whether it is the attack on the Constitution by right wing judges or a home grown terrorist attack in Las Vegas. Killing 58 and injuring 500+. The current threats are from within borders.

milestogo

(16,829 posts)
33. I think that someone in her position could give someone in his position
Wed Oct 4, 2017, 08:25 PM
Oct 2017

an actual slap, for the good of the country.

Maraya1969

(22,497 posts)
35. All I know if when Trump is impeached or arrested or the vote is finally found to be fraudulent
Wed Oct 4, 2017, 09:40 PM
Oct 2017

THIS GUY needs to go! He is illegitimate and he should n't be there.

I'm sure someone with a lot more knowledge than me can find a rationalization for removing him because he was put there under illegitimate circumstances.

GoCubsGo

(32,093 posts)
40. May she continue to bitchslap him--
Fri Oct 6, 2017, 02:09 PM
Oct 2017

to the point where he can't take it anymore, and he resigns from the Court. Or, does/says something so stupid that he is forced off.

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