Author Topic: If you were a Supreme Court Justice  (Read 897 times)

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fatman

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If you were a Supreme Court Justice
« on: August 08, 2008, 09:15:30 AM »
Which one would you be?

An iconoclast like Stevens, a prickly, no holds barred conservative like Scalia, a tempered and mild mannered conservative in the mold of Alito or Roberts etc etc.

I tend to think of myself more as the bland, milquetoast moderate like Kennedy.


Amianthus

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Re: If you were a Supreme Court Justice
« Reply #1 on: August 08, 2008, 09:40:15 AM »
I'd probably be more like Thomas - spend more time reading and listening than talking before making a decision.
Do not anticipate trouble, or worry about what may never happen. Keep in the sunlight. (Benjamin Franklin)

fatman

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Re: If you were a Supreme Court Justice
« Reply #2 on: August 09, 2008, 08:24:32 AM »
I can see that

sirs

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Re: If you were a Supreme Court Justice
« Reply #3 on: August 09, 2008, 01:33:00 PM »
Scalia, with his solid reputation of being a strict constructionist & interpretor of the Constitution, albeit it, I concede, with a Conservative bent
"The worst form of inequality is to try to make unequal things equal." -- Aristotle

fatman

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Re: If you were a Supreme Court Justice
« Reply #4 on: August 09, 2008, 09:28:16 PM »
I'm a bit surprised sirs, I saw you personally as more of a Rehnquist.

sirs

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Re: If you were a Supreme Court Justice
« Reply #5 on: August 10, 2008, 02:55:21 AM »
I guess I didn't see myself as deceased, in my resume'     ;)
"The worst form of inequality is to try to make unequal things equal." -- Aristotle

Stray Pooch

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Re: If you were a Supreme Court Justice
« Reply #6 on: August 10, 2008, 11:00:50 PM »
I'm not sure who I would be like in terms of an individual.  I realize that each justice is unique and driven by their own political, ethical and legal mindsets.  But I tend to think of the court itself as an entity, even when it is split as it often is today.

Having said that, I think I would like to be a bit like Sandra Day O'Connor (if not built similarly).  It seems to me that Justice O'Connor was more concerned about the law than the political landscape.  Even when I disagreed with her opinions, I respected her reasoning.

My view of the law is based on the ideal that we are in a common-law rather than a civil law society, and that is a good thing.  I would want to view each decision from a fresh-start perspective, rather than a preconceived notion of "what-I-think-is-right."  As a judge, I would view it as my role to determine what the law said - not what ought to be.  That law includes first the Constitution, second the intent of the legislature, and third the interpretation of the courts.  I would not take lightly the idea of dismissing jurisprudence which has endured the the test of time, especially precedents built on precedents.  I would, when absolutely justified by the situation, vote to correct what I thought was improper interpretation of law or inappropriate application of precedent, but only to the extent necessary to bring the law back to its proper place. I would take even more care when making judgements concerning the Constitutionality of legislation.  I would never vote to overturn a law with which I disagreed unless it clearly and directly violated the supreme law of the land.  At the same time, I would vote without hesitation to overturn laws that did violate that law.

To the extent possible for any person, I would never allow my personal religious beliefs or political views to supersede well-established precedent or the clear and Constitutionally sound intent of a legislature.  I might as well vote for or against laws about abortion, homosexual marriage, and other such sensitive topics depending on what arguments were used, what specific legal issues were raised and what was more in line with the Constitution and precedent.   

In other words, I would try to be objective and interpret the law according to the law, and the will of the people and their elected representatives.  How successful I would be is anybody's guess. 
« Last Edit: August 10, 2008, 11:02:26 PM by Stray Pooch »
Oh, for a muse of fire, that would ascend the brightest heaven of invention . . .

Plane

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Re: If you were a Supreme Court Justice
« Reply #7 on: August 10, 2008, 11:58:49 PM »


To the extent possible for any person, I would never allow my personal religious beliefs or political views to supersede well-established precedent or the clear and Constitutionally sound intent of a legislature.  I might as well vote for or against laws about abortion, homosexual marriage, and other such sensitive topics depending on what arguments were used, what specific legal issues were raised and what was more in line with the Constitution and precedent.   

In other words, I would try to be objective and interpret the law according to the law, and the will of the people and their elected representatives.  How successful I would be is anybody's guess. 

Great , but this is the kind of attitude that would prevent you from being accepted by the Senate , the Senate seems to be trying to cement the decisions of the Court and demand that prospects reveil decisions made far in advance of evidence.

sirs

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Re: If you were a Supreme Court Justice
« Reply #8 on: August 11, 2008, 12:28:50 AM »
Well deduced, Plane
"The worst form of inequality is to try to make unequal things equal." -- Aristotle