[subego]

http://www.nytimes.com/2009/05/01/us...ml?global-home

According to the article, he thinks Washington blows.

Don't see this as changing the balance of power much, though Obama will pick a young'un.

In fact, it could even slide things to the right a bit. Justices tend to come out more conservative than the people who appoint them, Souter being a big exception.

[hyteckit]

Souter who?

He's probably the least known Supreme Court Justice currently serving. Maybe because he is the least controversial?

[subego]

Let's see, off the top of my head I get...

Roberts.
Alito.
Scalia.
Thomas.
Souter.
Bader Ginsburg.
Breyer.

That makes the two I can't think of the least known.

[Big Mac]

Kennedy and Stephens (had to look Stephens up). Let's hope your prediction is right, subego.

Glad to see Souter go. Anyone so incompetent to not be able to vote to uphold the clear meaning of the Second Amendment as an individual right shouldn't be on the Court.

[subego]

It'll be interesting to see what the hot topics are at confirmation.

I would hope nobody wastes time asking about Roe v. Wade. We don't even know who it is yet and I can pretty safely say we have a lock on their opinion.

Of course, people said things like that about Souter too.

I always thought it was, umm... unusual he never got married and lived with his mom.

[subego]

Originally Posted by Big Mac 

Anyone so incompetent to not be able to vote to uphold the clear meaning of the Second Amendment as an individual right shouldn't be on the Court.

This will be an order of magnitude more interesting as a gun thread anyway.

I'm big on the 2nd Amendment, and I think the logic behind the dissent is off, but unless there's some nuance of constitutional law I'm missing (which is quite possible) I'd say the Heller decision was wrong.

The 2nd Amendment applies to the Federal government. Local government can do whatever it wants.

In my state, you have to register with them to possess a firearm, and the city I live in, you can't own a handgun unless you had it prior to 1987.

If I don't like it, I can work to get different people elected, or move.



Note: I know D.C. isn't a state, so this isn't quite the slam dunk argument I'd like, but I think the real nuts and bolts of this has more to do with precedent on how D.C.'s unique position has been treated, rather than precedent related to the 2nd Amendment.

[smacintush]

Originally Posted by subego 

The 2nd Amendment applies to the Federal government. Local government can do whatever it wants.

Really? Can the local government create religious restrictions too? Deny freedom of the press? How about search and seizure? Can local governments do "whatever they want" there too?

[subego]

Originally Posted by smacintush 

Really? Can the local government create religious restrictions too? Deny freedom of the press? How about search and seizure? Can local governments do "whatever they want" there too?

That was the way it was intended when written, yes. Local government could not only do those things if they desired, states could secede from the Union.

The SCOTUS has to incorporate an amendment for it to apply to the states. This concept is based in the due process clause of the 14th and therefore wasn't even possible until after the Civil War.

Since then, most of the amendments in the Bill of Rights have been incorporated. The 2nd is not one of them.

[Gee-Man]

The right-wing and Fox News is gonna throw a complete falling-down, rolling on the floor, screaming hissy fit in about 2-3 months or so. Regardless of who Obama nominates to replace Souter. Obama could nominate Alberto Gonzalez and it'll still happen.

Mark my words.

[subego]

Originally Posted by Gee-Man 

The right-wing and Fox News is gonna throw a complete falling-down, rolling on the floor, screaming hissy fit in about 2-3 months or so. Regardless of who Obama nominates to replace Souter. Obama could nominate Alberto Gonzalez and it'll still happen.

Mark my words.

What if he picks Harriet Miers?

[ort888]

Originally Posted by Gee-Man 

The right-wing and Fox News have been in a constant, complete falling-down, rolling on the floor, screaming hissy fit since the second Obama won the election.

There, I simplified your post.

[subego]

I wasn't paying attention at the time, does anyone recall why they didn't throw a hissy for Bader Ginsburg (97-3) and Breyer (87-9)?

[Chongo]

Originally Posted by subego 

What if he picks Harriet Miers?

I hear he wants Bork