Difference between revisions of "Talk:Nominees Supreme Court"

Revision as of 23:52, 26 January 2017

Thomas Hardiman

He "lacks a powerful sponsor"? Not exactly. According to Quin Hillyer, "Trump’s sister, Judge Maryanne Trump Barry, serves on the same circuit court as Hardiman and reportedly has recommended him quite highly to her brother. Personal connections matter a great deal to Trump."Andrew (talk) 22:15, 25 January 2017 (EST)

A recommendation is different from having a "strong sponsor." Strong sponsors are people like the new Attorney General, members of the Judiciary Committee, Mike Pence, or top advisers to Trump. It seems unlikely his sister is actively lobbying him to picked Hardiman.--Andy Schlafly (talk) 22:21, 26 January 2017 (EST)

Neil Gorsuch

• He "is an extreme supporter of stare decisis"? Actually, in the very case cited, United States v. Games-Perez, he urged the en banc court to overturn the precedent in question.Andrew (talk) 22:26, 25 January 2017 (EST)

He later joined other judges in unsuccessfully voting for a rehearing en banc. He did not dissent from the denial. In other statements Gorsuch has described adherence to stare decisis as being nearly a constitutional requirement, in his view. That's how the mistake of Roe v. Wade is perpetuated. It's a tenet of liberal judicial supremacy for judges to refuse to correct judicial mistakes.--Andy Schlafly (talk) 22:21, 26 January 2017 (EST)

The link I gave above says, "GORSUCH, J., joined by HOLMES, J., dissenting from the denial of rehearing

en banc...." Followed by a dissenting opinion.Andrew (talk) 23:52, 26 January 2017 (EST)

• He "sided with civil rights for 'gender identity' in 2009"? In that very case, he completely rejected the lawsuit brought by a transgender person. He did mention a prior case that had said "transgender individuals may state viable sex discrimination claims...." but there was no point in challenging that precedent (or endorsing it) since the plaintiff lost regardless of the precedent's validity.Andrew (talk) 23:11, 25 January 2017 (EST)

• He "belongs to the Episcopalian church that has publicly declared its 'unequivocal opposition' to pro-life laws." Correct, but that church has not banned members for opposing Roe v. Wade. See, for example, an interview in which Tucker Carlson says that he opposes that church's position on abortion but attends nevertheless.Andrew (talk) 00:48, 26 January 2017 (EST)

The difference, obviously, is that Tucker Carlson has expressed his disagreement. Gorsuch has not, which implies consent. Also, the particular church that Gorsuch is an usher in is stridently pro-choice and very liberal on other social issues.--Andy Schlafly (talk) 22:24, 26 January 2017 (EST)

• In Pino v. United States, is it true that "Rather than render a pro-life ruling, Gorsuch punted this issue to the Oklahoma Supreme Court for it to decide"? Actually, no. Gorsuch joined with the renowned scholar and judge Michael W. McConnell in contacting the Oklahoma Supreme Court, at the request of the mother who lost her child. And once the Oklahoma Supreme Court replied, Gorsuch promptly reversed the district court's summary judgment in favor of the hospital.Andrew (talk) 01:38, 26 January 2017 (EST)

Your Federalist Society-style praise of Michael McConnell is misplaced - he quit the U.S. Court of Appeals after being passed over for the Supreme Court, showing his lack of commitment. As to the decision, Gorsuch did punt the issue to the Oklahoma Supreme Court, and used pro-abortion rhetoric in doing so.--Andy Schlafly (talk) 22:30, 26 January 2017 (EST)

William Pryor

• "[H]e is very committed to stare decisis, which makes it less likely he would overturn Roe v. Wade"? It depends what you mean by "less likely." Sure, his devotion to precedent makes it less likely that he would overturn Roe than if he couldn't care less about precedent. But among Trump's 21 SCOTUS candidates, he seems as likely as any of them to overturn Roe. After all, he has said that Roe v. Wade is the "worst abomination in the history of constitutional law." Pryor co-authored a recent book which says: "The doctrine of stare decisis [i.e. precedent] applies less rigidly in constitutional cases than it does in statutory cases because the correction of erroneous constitutional decisions by the legislature is well-nigh impossible. Yet stare decisis does play a significant role in constitutional adjudication."Andrew (talk) 16:58, 26 January 2017 (EST)

Thomas Lee

He's my favorite. As you say, "he could become a consensus pick; his writings emphasize originalism and are considered most like Justice Scalia's." I agree.Andrew (talk) 23:48, 26 January 2017 (EST)