Democratic Primaries
Related: About this forumprimary today, I would vote for: Undecided
BeyondGeography
(39,375 posts)Is he going to dress up as Joe Lieberman for Halloween?
primary today, I would vote for: Undecided
bluewater
(5,376 posts)primary today, I would vote for: Joe Biden
ritapria
(1,812 posts)Great Line
primary today, I would vote for: Undecided
Celerity
(43,422 posts)primary today, I would vote for: Joe Biden
BeyondGeography
(39,375 posts)Pete's trying to win the nomination for the Democratic Party. Invoking Anthony Kennedy as a symbol of a better era is tone deaf and lame.
primary today, I would vote for: Undecided
Celerity
(43,422 posts)see my reply (I gave you the link)
and also this from down-thread
Read Mayor Buttigiegs full response about how hed approach changes in the Supreme Court, below, from the article in Cosmo that this all got kicked off from:
https://www.cosmopolitan.com/politics/a29565248/pete-buttigieg-supreme-court-restructure-president/
Now, what Im proposing that we do in terms of reform is to stop the descent of the Supreme Court into becoming yet another political body. This is not about making sure that it agrees with me on everything. My appointments will definitely be people who share my values. But when Im talking about the structure of the Supreme Court, Im talking about something deeper. Im talking about depoliticizing the Supreme Court. Because right now, every time theres a vacancy, theres this apocalyptic ideological battle and it hurts the court and it hurts the country.
So Ive floated several ideas and deliberately kept some level of open-mindedness about which ones are going to work best. One of them would be to have 15 members, but 5 of them can only be seated if the other 10 unanimously agree. The idea here is you get more justices who think for themselves. Justices like Justice Kennedy or Justice Souter, and there are many legal scholars who think this could be done without a constitutional amendment under current law.
Another approach would be to have term limits. You know, Supreme Court justices, they used to just retire like everybody else. But now, we have these strange scenarios of people clinging, almost seeming to cling on for dear life because they want to make sure that they leave the bench under the right presidency. And this would help deal with that issue. Someone suggested that we rotate judges on and off the appellate bench.
The reason Im introducing these very bold ideas is to elevate our imagination about them. But Im not arriving in office saying I have the answer on this one. So the first step that Ill do is to appoint a commission with this mission: Make the Supreme Court less political. Give us a road map to do that. And then based on their recommendations, I will go to Congress with a proposal. If absolutely necessary, we might have to have a conversation about an amendment, but I believe most of these reforms could be achieved within the framework of the current constitution.
primary today, I would vote for: Joe Biden
BeyondGeography
(39,375 posts)It ignores a decades-long effort by the Republican Party to politicize the courts at every level, culminating with SC rulings that are seen as radical in a historical context like CU which Kennedy voted for.
primary today, I would vote for: Undecided
Celerity
(43,422 posts)still undoing the horrifically destructive systemic RW rigging (at all levels and arenas, not just the courts) that has taken place over the past 5 decades are mutually exclusive goals, nor actions.
primary today, I would vote for: Joe Biden
MBS
(9,688 posts)So important.
primary today, I would vote for: Joe Biden
dansolo
(5,376 posts)Just change the confirmation requirement for judges to 60 votes. This will eliminate the most controvertial judges, and take away the filibuster games. If all judges required 60 votes, then neither party can ram through judges based on a simple majority.
primary today, I would vote for: Joe Biden
Celerity
(43,422 posts)primary today, I would vote for: Joe Biden
dansolo
(5,376 posts)Unless you amend the Constitution, you can't have current members effectively veto a Supreme Court selection. The president nominates, and the Senate consents. It is very clearly spelled out in the Constitution. However, since the Senate can make it's own rules, they can change the number of votes required to be a supermajority. That will effectively do the same thing he is trying to accomplish.
primary today, I would vote for: Joe Biden
Celerity
(43,422 posts)I was not taking umbrage with the constitutionality of some of the suggestions (I do think having the other justices choose/vote on some IS unconstitutional, more than likely, as it appears to violate the Appointments Clause.My whole point is and what I was focusing on in terms of what is bullshit is that bloody pull quote and the false framing that has emanated out of it.
BTW, if you would like to see the actual reason behind the justice's voting on some of their fellow members, here is the paper itself.
How to Save the Supreme Court
Vanderbilt Law Research Paper 18-65
Washington University in St. Louis Legal Studies Research Paper
37 Pages Posted: 27 Nov 2018 Last revised: 3 Apr 2019
Daniel Epps
Washington University in St. Louis - School of Law
Ganesh Sitaraman
Vanderbilt Law School
Date Written: April 1, 2019
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3288958
Abstract
The consequences of Brett Kavanaughs confirmation to replace Justice Anthony Kennedy on the Supreme Court are seismic. The new conservative majority that Kavanaugh completes represents a stunning victory for the Republican party after decades of effort by the conservative legal movement. The result is a Supreme Court whose justiceson both sidesare likely to vote along party lines more consistently than ever before in American history. That development presents a grave threat to the Courts legitimacy. If in the future roughly half of Americans lack confidence in the Supreme Court to render impartial justice, the Courts ability to reach settlements of important questions that all Americans can live with is serious jeopardy. Raising the stakes even higher, many Democrats are already calling for changes like court-packing to prevent the new conservative majority from blocking progressive reforms. Even if justified, such moves could provoke further tit-for-tat escalation that would leave the Courts image, and the rule of law, badly damaged.
The coming crisis can be stopped. But preserving the Courts legitimacy as an institution above politics will require a complete rethinking of how the Court works and how the Justices are chosen. To save what is good about the Court, we must reject and rethink much of how the Court has operated for more than two centuries. In this Essay, we outline a framework for thinking about saving the Supreme Court, evaluate existing proposals, and offer two distinct reform proposals of our own, which we call the Supreme Court Lottery and the Balanced Court. Whether policymakers adopt these precise proposals or not, however, it is imperative that they search for some kind of reforms along these lines. Saving the Courtby transforming the Courtis our best hope.
download/view link
https://www.dropbox.com/l/scl/AAARMucEQ0ddC57cDtM-KyNmDFGmncbuI4Y
primary today, I would vote for: Joe Biden
dansolo
(5,376 posts)I mistakenly replied to your post, instead of the original post. I didn't mean to suggest your post was bullshit. I was referring to Pete's suggestion.
primary today, I would vote for: Joe Biden
Celerity
(43,422 posts)primary today, I would vote for: Joe Biden
InAbLuEsTaTe
(24,122 posts)Bernie/Elizabeth or Elizabeth/Bernie 2020!!
Either way, they're stronger together!!
Welcome to the revolution!!!
primary today, I would vote for: Undecided
Tiggeroshii
(11,088 posts)Souter was a Republican appointed justice who ended up voting with liberals on most key issues. Kennedy was the swing vote on roe vs wade, despite being a Republican appointed justice...
primary today, I would vote for: Undecided
crazytown
(7,277 posts)That kind of swing vote?
primary today, I would vote for: Undecided
Tiggeroshii
(11,088 posts)I don't think "thinking for himself" necessarily means thinking in the best interest of the vast majority of people. But it does beg the question if the votes for citizens united was actually an independent decision, and not one motivated through other corruptions.
primary today, I would vote for: Undecided
Hassin Bin Sober
(26,330 posts)primary today, I would vote for: Undecided
crazytown
(7,277 posts)primary today, I would vote for: Undecided
Hassin Bin Sober
(26,330 posts)Guys like Roberts will side with us on some social issues but when it comes to money, forget about it.
primary today, I would vote for: Undecided
redqueen
(115,103 posts)primary today, I would vote for: Undecided
crazytown
(7,277 posts)primary today, I would vote for: Undecided
jezebel321
(278 posts)values.
The taken out of context and then distorted quote is about the 5 justices who would be picked by the other 10.
primary today, I would vote for: Undecided
StevieM
(10,500 posts)We need something much more aggressive.
primary today, I would vote for: Joe Biden
jezebel321
(278 posts)which he obviously didn't to run with it as clickbait
primary today, I would vote for: Undecided
kcr
(15,317 posts)He may appoint justices who share his views. But, he says he's proposing the idea because he wants justices like Kennedy because he thinks Kennedy is a free thinker. "The idea here is you get more justices who think for themselves. Justices like Justice Kennedy or Justice Souter" How does that read as anything other than he wants justices like Kennedy and Souter on the bench and that's why he's designing his proposal that way?
primary today, I would vote for: Joe Biden
dem4decades
(11,297 posts)primary today, I would vote for: Joe Biden
redqueen
(115,103 posts)is right wing in others, I'd say that's pretty much unavoidable, objectively speaking.
primary today, I would vote for: Undecided
emmaverybo
(8,144 posts)in the Dem party by people calling themselves progressives are actually liberals.
primary today, I would vote for: Joe Biden
The_Counsel
(1,660 posts)Of course, we ALL want that, don't we?
Too bad we aren't all shady as hell, though...
primary today, I would vote for: Joe Biden
Cha
(297,323 posts)primary today, I would vote for: Joe Biden
StevieM
(10,500 posts)primary today, I would vote for: Joe Biden
demmiblue
(36,865 posts)So this is something thats very important to me in terms of the independence and the integrity of the Supreme Court. As you know, its especially important for LGBTQ rights, but its important for access to abortion and many other issues too. When I look at the Supreme Court, I cant help but remember that my marriage only exists by the grace of a single vote in that body.
Now, what Im proposing that we do in terms of reform is to stop the descent of the Supreme Court into becoming yet another political body. This is not about making sure that it agrees with me on everything. My appointments will definitely be people who share my values. But when Im talking about the structure of the Supreme Court, Im talking about something deeper. Im talking about depoliticizing the Supreme Court. Because right now, every time theres a vacancy, theres this apocalyptic ideological battle and it hurts the court and it hurts the country.
So Ive floated several ideas and deliberately kept some level of open-mindedness about which ones are going to work best. One of them would be to have 15 members, but 5 of them can only be seated if the other 10 unanimously agree. The idea here is you get more justices who think for themselves. Justices like Justice Kennedy or Justice Souter, and there are many legal scholars who think this could be done without a constitutional amendment under current law.
Another approach would be to have term limits. You know, Supreme Court justices, they used to just retire like everybody else. But now, we have these strange scenarios of people clinging, almost seeming to cling on for dear life because they want to make sure that they leave the bench under the right presidency. And this would help deal with that issue. Someone suggested that we rotate judges on and off the appellate bench.
The reason Im introducing these very bold ideas is to elevate our imagination about them. But Im not arriving in office saying I have the answer on this one. So the first step that Ill do is to appoint a commission with this mission: Make the Supreme Court less political. Give us a road map to do that. And then based on their recommendations, I will go to Congress with a proposal. If absolutely necessary, we might have to have a conversation about an amendment, but I believe most of these reforms could be achieved within the framework of the current constitution.
https://www.cosmopolitan.com/politics/a29565248/pete-buttigieg-supreme-court-restructure-president/
primary today, I would vote for: Undecided
SharonClark
(10,014 posts)primary today, I would vote for: Joe Biden
Celerity
(43,422 posts)primary today, I would vote for: Joe Biden
Sherman A1
(38,958 posts)18 YEAR TERM LIMIT FOR SUPREME COURT JUSTICES
Our Founding Fathers intended the judicial branch of government to be free of political pressures, interpreting and applying the Constitution to the laws passed by Congress in order to ensure that no violations were found.
Today, the Supreme Court is increasingly polarized around political lines, and the selection of a new Justice is a bitter fight that divides the country. The process has become increasingly contentious, and very few Americans believe that the Supreme Court is impartial.
The first step in ensuring that the Supreme Court doesnt lose the faith of the American people is to establish a clear code of ethics that applies to the Justices. Currently, all inferior courts have a Code of Ethics applied to them, and violations can be litigated. However, as the Supreme Court of the land, theres no applicable Code that applies to its members.
Congress has put a few requirements on Justices recusement requirements and financial disclosure requirements that the Justices have abided by. Its time that a full Code of Ethics is established, ensuring that people know our Supreme Court Justices are acting ethically.
Additionally, the stakes involved in the appointment of Supreme Court justices are creating partisan battles that divide our country, create bitter resentment, and allow individuals to delegitimize later decisions with which they disagree.
The stats largely back up that we do have a partisan problem on the Supreme Court. The number of 5-4 decisions, reflecting the line between Republican-appointed and Democrat-appointed Justices, has increased in recent years. When a new seat opens up, lifetime appointments incentivize finding the youngest, most partisan jurist who can gain confirmation in order to ensure a particular bent on the Court for as long as possible. Current Justices can expect to serve for 40 or more years. For historical context, the average Justice has served for 15 years, though Justices appointed since 1970 have served for an average of 26 years.
This isnt the way it was envisioned at the founding of our country, when life expectancy was shorter and Justices would often retire or resign well ahead of their deaths. We need to return some level of sanity and balance to the Supreme Court.
The answer to this is to impose term limits on Justices, and set their terms at regular intervals. Each President should be allowed to appoint two Justices per term served, in their first and third years in office.
https://www.yang2020.com/policies/scotustermlimits/
primary today, I would vote for: Undecided
dsc
(52,163 posts)Breyer and Ginsburg and Thomas which would give us a 7 to 2 court in the GOP's favor, dumbest idea ever.
primary today, I would vote for: Joe Biden
Sherman A1
(38,958 posts)The court needs to be reformed in a fundamental way and while you would certainly need to start somewhere that start point would be after this reform is implemented at a date decided within the reforming act. As stated very clearly in the proposal each presidential term would appoint 2 justices to the court. Some would be liberal and some would not depending upon the office holder.
And just how much longer do you really believe Ginsberg can continue to serve on the court?
primary today, I would vote for: Undecided
MarcA
(2,195 posts)A Congress willing to override their decisions, a President willing to
effectively dismantle them and a populace with civil disobedience.
The Constitution did not give the USSC this power, the USSC gave it
to itself. Of course it's doubtful this will change considering most
of the Structural Changes will require Super Majorities of Congress or
the States and with most of the populace trained to be "law" abiding.
primary today, I would vote for: Joe Biden
Sherman A1
(38,958 posts)with the plan suggested by Yang.
primary today, I would vote for: Undecided
alwaysinasnit
(5,066 posts)primary today, I would vote for: Undecided
ritapria
(1,812 posts)Mayor Pete wants Kennedy-types on The Supreme Court ...
primary today, I would vote for: Undecided
InAbLuEsTaTe
(24,122 posts)Bernie/Elizabeth or Elizabeth/Bernie 2020!!
Either way, they're stronger together!!
Welcome to the revolution!!!
primary today, I would vote for: Undecided
Me.
(35,454 posts)why do only men come to mind, how about Janet Napolitano?
primary today, I would vote for: Joe Biden
dsc
(52,163 posts)but not the OP.
primary today, I would vote for: Joe Biden
thanks
primary today, I would vote for: Joe Biden
nini
(16,672 posts)of many of the candidates lately.
They can all go away now.
primary today, I would vote for: Joe Biden
Hassin Bin Sober
(26,330 posts)primary today, I would vote for: Undecided
Voltaire2
(13,078 posts)primary today, I would vote for: Undecided
PDittie
(8,322 posts)Citizens United, IIRC.
primary today, I would vote for: Undecided
CaliforniaPeggy
(149,641 posts)primary today, I would vote for: Joe Biden
rzemanfl
(29,565 posts)primary today, I would vote for: Joe Biden
Celerity
(43,422 posts)primary today, I would vote for: Joe Biden
nycbos
(6,034 posts)primary today, I would vote for: Joe Biden
InAbLuEsTaTe
(24,122 posts)Bernie/Elizabeth or Elizabeth/Bernie 2020!!
Either way, they're stronger together!!
Welcome to the revolution!!!
primary today, I would vote for: Undecided
Meadowoak
(5,551 posts)primary today, I would vote for: Undecided
Celerity
(43,422 posts)his appointments would "definitely be people who share my values," and how depoliticizing SCOTUS is personal to him because his marriage exists by a single vote on the court.
Link to tweet
These chop quote hit jobs or outright misrepresentations (like the outright bullshit lie that Zuckerberg was closely advising his campaign) are almost almost always pushed HARD (and often started, even if not started in this case) by the Sanderite social media sphere, to the point where the shit gets into a trending position, then the mainstream media helps spreads the distortion.
This whole repetitive modus operandi and the Sanderite smear job artists (NON DU) who are the masters of the it are becoming so tiresome. They do it to Pete, Warren, Harris, Biden, etc etc, basically anyone not named Sanders or Gabbard.
primary today, I would vote for: Joe Biden
Otto Lidenbrock
(581 posts)primary today, I would vote for: Joe Biden
mr_lebowski
(33,643 posts)primary today, I would vote for: Joe Biden
Kurt V.
(5,624 posts)primary today, I would vote for: Undecided
dalton99a
(81,526 posts)primary today, I would vote for: Joe Biden
Hassin Bin Sober
(26,330 posts)primary today, I would vote for: Undecided
YOHABLO
(7,358 posts)The Establishment is pushing for Biden, and like all things "establishment'', you know the money, the power, the backing of corporate America, more than likely Biden will be our candidate. That's the way things work here in the good ole U.S.A. I'd love to see a fresh face, a different focus, Buttigieg would make a fine President, as would Elizabeth, Kamala and Beto. on and on. But the establishment says that we want Biden because he's our best shot at defeating Trump. Although polls say any of the top 3 or 4 could beat Trump. And so on and so on. I don't think we want a ''Justice Kennedy'' turn coat, who resigned so that Brett Kavanaugh could weasel his way in to the Supreme Court. That was pretty much the deal wasn't it now.
primary today, I would vote for: Undecided
mr_lebowski
(33,643 posts)In fact, I'd be happy if this forum itself were eliminated.
It scarcely serves a good purpose, IMHO, other than giving our political enemies a perfect roadmap on exactly how to divide Democrats, in real time.
Not a fan.
primary today, I would vote for: Joe Biden
Celerity
(43,422 posts)primary today, I would vote for: Joe Biden
Response to DURHAM D (Original post)
Name removed Message auto-removed
Celerity
(43,422 posts)same old shite that is done to most all of our candidates
see
https://www.democraticunderground.com/1287323118#post29
https://www.democraticunderground.com/1287323118#post39
welcome to DU btw
primary today, I would vote for: Joe Biden
Response to Celerity (Reply #66)
Name removed Message auto-removed
Celerity
(43,422 posts)You are conflating parts of the security model with the odious settlement policy, which Buttigieg does NOT support.
primary today, I would vote for: Joe Biden
Response to Celerity (Reply #72)
Name removed Message auto-removed
emmaverybo
(8,144 posts)surprising that he endorses Justices Kennedy and Souter, believing they think for themselves.
primary today, I would vote for: Joe Biden
brooklynite
(94,607 posts)He was making the point that he wanted independent centrists like Kennedy AND Souter.
primary today, I would vote for: Joe Biden
Celerity
(43,422 posts)https://www.democraticunderground.com/1287323118#post39
primary today, I would vote for: Joe Biden
MBS
(9,688 posts)For obvious reasons, this would be a consequential vote for Pete's life, and a stance that would earn for Kennedy in Pete's mind some credit as someone "who thinks for himself." I have no doubt that Pete was not fooled at all by Kennedy's lesser moments, most especially the craven way that Kennedy resigned. But certainly you can see where Pete might be coming from in remembering the role of "that single vote on the Supreme Court" (something to which he refers in almost every public appearance) that provided a means for him to have a full personal life.
Also please see Celerity's post #39 for link not only to the written summary article but also (embedded within the article) the link to the FULL 20-minute video interview. For convenience, I'll repost here the link to the full article, and to the embedded video: https://www.cosmopolitan.com/politics/a29565248/pete-buttigieg-supreme-court-restructure-president/
Please, guys - it's already a long and exhausting election, and it's still 3 months before the first primary vote is even going to be cast. In the meantime, let's please try to keep snap judgments to a minimum, and strive for facts and full context as much as possible.
primary today, I would vote for: Joe Biden
RLG
(314 posts)Whether or not it was taken of out context, why did he mention Kennedy in the first place?
This is not the first time he has either said something or done something and his supporters have alibis for him.
If he keeps this up, it makes it easier for his opponents on both to use this against him as being to smart for his own good.
primary today, I would vote for: Undecided
Celerity
(43,422 posts)is hardly
It is not just Buttigieg (the same has happened to Biden, Harris, Warren, Beto, Klobuchar, etc) that this modus operandi is often used against, and more likely than not, at the end of the cookie crumb trail, there are many elements of the far left NON DU Sanderite social media and website penumbra. Think TYT, The Jacobin, Justice Democrats, David Sirota, Jill Stein, DSA, Nena Turner and hundreds of anonymous (or not) busy bees on Twitter, FB etc, all marching in coordinated and amplifying lockstep to smear any candidate not named Sanders or on occasion, Gabbard.
primary today, I would vote for: Joe Biden
Gothmog
(145,344 posts)primary today, I would vote for: Joe Biden
Gothmog
(145,344 posts)primary today, I would vote for: Joe Biden
DesertRat
(27,995 posts)primary today, I would vote for: Joe Biden
Tarc
(10,476 posts)Oh well.
primary today, I would vote for: Joe Biden