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-   -   Offering constructive criticism to the social cripples in our midst since early 2005. (http://www.lawtalkers.com/forums/showthread.php?t=681)

Bad_Rich_Chic 07-19-2005 03:55 PM

Heh
 
Quote:

Originally posted by Replaced_Texan
The wonderboy of the right wrote a book, which is full of insights like "For liberals, premarital sex is less morally repugnant than smoking or hunting."

Fuck yeah, Virgin Ben.
Heh. That statement tickles me because it ... works on several different levels. It is a succinct summary of the cultural rift, and quite hilarious when you can't bring yourself to find the idea of any of sex, smoking or hunting "morally repugnant."

Shape Shifter 07-19-2005 03:57 PM

Heh
 
Quote:

Originally posted by Bad_Rich_Chic
Heh. That statement tickles me because it ... works on several different levels. It is a succinct summary of the cultural rift, and quite hilarious when you can't bring yourself to find the idea of any of sex, smoking or hunting "morally repugnant."
My guess is that he refers to vaginas as tampon holders when speaking in private.

Tyrone Slothrop 07-19-2005 03:57 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by SlaveNoMore
As I recall, the GOP had the Senate at least half the time, so a filibuster would hardly be necessary.

I guess your answer is no.

I know you love the word "smear". When can we expect the "smearing" from the Left? 9:03 EST? Or will they have the decency to wait until 9:04 EST?
Don't you think that depends on who he puts up? I mean, some people will complain no matter what happens, but some are waiting to see. Penske seems to have my proxy on Clement -- is there any remarkable about her other than that she seems to be confirmable?

Tyrone Slothrop 07-19-2005 03:58 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by sgtclub
Didn't this have bipartisan support?
If so, wouldn't that suggest even moreso that the filibuster isn't unconstitutional?

sgtclub 07-19-2005 04:03 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by Tyrone Slothrop
If so, wouldn't that suggest even moreso that the filibuster isn't unconstitutional?
As I understand it, and I may have the facts wrong, Fortas did not have support in the full Senate, which was then controlled by the Dems, so the filli was bipartisan. I don't think this sheds any light on the question of constitutionality. Why would it? It's constitutional because we did it before?

Tyrone Slothrop 07-19-2005 04:26 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by sgtclub
As I understand it, and I may have the facts wrong, Fortas did not have support in the full Senate, which was then controlled by the Dems, so the filli was bipartisan.
I think your facts are wrong. The Republicans tried to filibuster Fortas, and failed. There may have been some Dems joining them, but I would doubt it, since Fortas was a pal of LBJ's.

Quote:

I don't think this sheds any light on the question of constitutionality. Why would it? It's constitutional because we did it before?
Exactly. Did you miss Con Law? The fact that it's been done indicates that it's OK, unless you -- like Clarence Thomas -- don't believe in stare decisis. Which is a very strange thing for a "conservative" to say, since it's the polar opposite of conservatism. A respect for precedent, and for the fact that the filibuster has been around for a long time, would ordinarily lead "conservatives" to accept its constitutionality.

Mmmm, Burger (C.J.) 07-19-2005 04:29 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by sgtclub
, Fortas did not have support in the full Senate, which was then controlled by the Dems, so the filli was bipartisan.
Your facts don't necessarily support your conclusion. To wit, if you reversed the situation (R's controlled) and made the same claim, would you conclude the filibuster is bipartisan? If so, how would you reconcile that with teh current situation in the Senate?

Penske_Account 07-19-2005 04:38 PM

New Rankings!
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
Isnt't that the best type? Closet conservative.

The game now is all about insider information. Find someone who is a closeted conservative (or liberal) whose record reflects mainstream views. Meanwhile, get confident that your line to the clerks and so forth reveals a better view of the person (obviously the intelligence sources screwed up on Souter). Her saying Roe is the law of the land is pretty unremarkable, which is why Edith Jones's dissent was so remarkable. No circuit court judge should think otherwise--they're not in a position to overrule it, so why bother saying otherwise?
Burger, your rationale dooms us to repeat Souter. Remember when Sununu said he was a conversative?!?!?

sgtclub 07-19-2005 04:45 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by Tyrone Slothrop
I think your facts are wrong. The Republicans tried to filibuster Fortas, and failed. There may have been some Dems joining them, but I would doubt it, since Fortas was a pal of LBJ's.
I'll have to check my facts

Quote:

Exactly. Did you miss Con Law? The fact that it's been done indicates that it's OK, unless you -- like Clarence Thomas -- don't believe in stare decisis. Which is a very strange thing for a "conservative" to say, since it's the polar opposite of conservatism. A respect for precedent, and for the fact that the filibuster has been around for a long time, would ordinarily lead "conservatives" to accept its constitutionality.
I understand that stare decisis applies to court decisions, but I didn't know it applies to actions prior to being challenged. This seems wrong to me. And I am not a conservative.

sgtclub 07-19-2005 04:46 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
Your facts don't necessarily support your conclusion. To wit, if you reversed the situation (R's controlled) and made the same claim, would you conclude the filibuster is bipartisan? If so, how would you reconcile that with teh current situation in the Senate?
I didn't mean my statement as a causal connection.

andViolins 07-19-2005 04:48 PM

New Rankings!
 
Quote:

Originally posted by Penske_Account
Burger, your rationale dooms us to repeat Souter. Remember when Sununu said he was a conversative?!?!?
See that should have raised warning flags right then and there. Five minutes with the guy and you would realize that he ain't no chatty cathy.

aV

Mmmm, Burger (C.J.) 07-19-2005 04:49 PM

New Rankings!
 
Quote:

Originally posted by Penske_Account
Burger, your rationale dooms us to repeat Souter. Remember when Sununu said he was a conversative?!?!?
So you're saying conservatives can't execute a solid plan, well?

Shape Shifter 07-19-2005 04:50 PM

New Rankings!
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
So you're saying conservatives can't execute a solid plan, well?
See, e.g., Iraq.

Mmmm, Burger (C.J.) 07-19-2005 04:51 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by sgtclub
I didn't mean my statement as a causal connection.
I suggest then that you reevaluate your use of the word "so", as it ordinarily is understood to identify a logical conclusion based upon a preceding statement.

Mmmm, Burger (C.J.) 07-19-2005 04:51 PM

New Rankings!
 
Quote:

Originally posted by Shape Shifter
See, e.g., Iraq.
Glad you agree it was a solid plan, at least.

Tyrone Slothrop 07-19-2005 04:58 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by sgtclub
I understand that stare decisis applies to court decisions, but I didn't know it applies to actions prior to being challenged.
I'm not sure what you mean, but the Senate's use of the filibuster decades ago surely is a significant precedent, unless you decide that the way the Senate has understood things in the past is irrelevant to deciding what the Constitution means.

Shape Shifter 07-19-2005 05:00 PM

New Rankings!
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
Glad you agree it was a solid plan, at least.
Conceded only for the sake of the example. But surely the plan was better than the execution.

Penske_Account 07-19-2005 05:06 PM

New Rankings!
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
So you're saying conservatives can't execute a solid plan, well?
I'm saying I am wary of stealth candidates and am fearing that this Clement could be a(nother) Souter in federalist's clothing.

My prayer candle is burning to help lend the President strength and resolve.

Penske_Account 07-19-2005 05:14 PM

BREAKING NEWS
 
ABC News is reporting that Edith B. Clement has received a call from W and will NOT be the nominee.

Further, there are reports that Edith Jones was seen in the Houston airport today boarding a plane for DC.

Things are trending right.........more to follow......

Penske_Account 07-19-2005 05:16 PM

Hey Libs....
 
http://uplink.space.com/attachments/7877-rove.jpg

sebastian_dangerfield 07-19-2005 05:16 PM

Restoring honor and dignity to the White House!
 
Quote:

Originally posted by SlaveNoMore
In my book, "nefarious" is sending your unqualified, partisan lout of a husband on the taxpayers dime to drink "sweet tea" "poolside".

"Nefarious" is telling someone you are CIA during a "heavy makeout session" on a third date.
Alas, your book has not been enacted into the US Code.

I've watched Wilson for the past few weeks and have this observation... Its not wise for the GOP to take him on head to head or try to villify him in any talk shows where he's able to respond live. He's a very cool and collected public speaker. Fuming talking heads like Mehlman look weak juxtaposed against him.

The GOP should stop the Wilson smear campaign. Its two weeks old and its got no traction. If smears don't get traction in the first week, thats a sign they never will. The GOP is better off working the best fact it has - "Rove did not out a CIA operative in violation of the law." That is true. Why don't they just keep ramming it home?

Gattigap 07-19-2005 05:17 PM

Hey Libs....
 
Quote:

Originally posted by Penske_Account
http://uplink.space.com/attachments/7877-rove.jpg
http://billmon.org/archives/smallrovestand.jpg

Shape Shifter 07-19-2005 05:19 PM

Restoring honor and dignity to the White House!
 
Quote:

Originally posted by sebastian_dangerfield
The GOP should stop the Wilson smear campaign. Its two weeks old and its got no traction. If smears don't get traction in the first week, thats a sign they never will.
Have you been on an Atkins-induced flashback for the last 2 years?

Penske_Account 07-19-2005 05:23 PM

BREAKING NEWS
 
Quote:

Originally posted by Penske_Account
ABC News is reporting that Edith B. Clement has received a call from W and will NOT be the nominee.

Further, there are reports that Edith Jones was seen in the Houston airport today boarding a plane for DC.

Things are trending right.........more to follow......
According to ABCNEWS' source, Clement was thanked for meeting with the president and sharing her views on the Supreme Court, but that the administration has decided to go in a "different direction."

Rightward! Woo hoo! This thing is trending, big time! I predict it will either be Edith Jones, Luttig, or JR Brown.

More to follow..........

sgtclub 07-19-2005 05:25 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
I suggest then that you reevaluate your use of the word "so", as it ordinarily is understood to identify a logical conclusion based upon a preceding statement.
I suggest you kiss my ass

sgtclub 07-19-2005 05:27 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by Tyrone Slothrop
I'm not sure what you mean, but the Senate's use of the filibuster decades ago surely is a significant precedent, unless you decide that the way the Senate has understood things in the past is irrelevant to deciding what the Constitution means.
I don't think their understanding of things is relevant to deciding what the Constitution means.

Sidd Finch 07-19-2005 05:28 PM

Restoring honor and dignity to the White House!
 
Quote:

Originally posted by SlaveNoMore
In my book, "nefarious" is sending your unqualified, partisan lout of a husband on the taxpayers dime to drink "sweet tea" "poolside".
Wow -- it was Plame's decision to send Wilson to that five-star resort of a country known as Niger?

Boy, she is a big evil cunt of a woman. I guess we can't expect better from someone who took such a cushy, no-risk, no-service-to-her-country job like "covert CIA operative."

Mmmm, Burger (C.J.) 07-19-2005 05:29 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by sgtclub
I don't think their understanding of things is relevant to deciding what the Constitution means.
But it is relevant now?

P.S. Call MR.

sebastian_dangerfield 07-19-2005 05:29 PM

Restoring honor and dignity to the White House!
 
Quote:

Originally posted by sgtclub
Not in general, but I haven't seen anything on the Rove question to indicate what he did was immoral.
Morals are all relative. The issue regarding Rove is whether he did something unethical and sleazy and lowball. The issue as to the admin is whether it obstructed justice or lied to cover up Karl's dirty deed.

BUT the real issue is if this ugly little incident has enough traction and substance behind it to shame this White House into being as transparant as an Admin should be.

The real question is "Can this be the cultural/political flashpoint that rolls the wave back over Bush?" For the past two years, the Dems have pounded him on Iraq and stymied his domestic agenda. Lucky timing will allow him to reshape the Court, but will Bush's second term produce anything else? Or is this the final straw, the last of a line of small scandals, suspicions and lies which put this Admin on the defensive, running from charges for the remainder of its term, and never getting the chance to follow through on its bold agenda?

Rove won't be jailed, and whatever the violation was, its minor. But is it enough to work a chink into the teflon and leave Bush swinging in the wind like Reagan in his second term after Iran Contra started? I think it might.

Shape Shifter 07-19-2005 05:30 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by sgtclub
I don't think their understanding of things is relevant to deciding what the Constitution means.
Ty or Burger could probably explain this much better than I, but don't the courts defer to Congress on how Congress chooses to conduct its business?

Tyrone Slothrop 07-19-2005 05:32 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by sgtclub
I don't think their understanding of things is relevant to deciding what the Constitution means.
Why?

sgtclub 07-19-2005 05:32 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by Mmmm, Burger (C.J.)
But it is relevant now?
What?

Quote:

P.S. Call MR.
Huh?

sgtclub 07-19-2005 05:38 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by Tyrone Slothrop
Why?
Because their understanding may lead to an unconstitutional result. For example, Congress' understanding of every law they pass is that it's constitutional. Most of the time they are probably right, but occassionally they get smacked down by the court. We don't get a ruling on constitutionality until it's actually challenged. So to say that fillibusters are constitutional because they have been used (but never challenged) in the past, doesn't make sense to me.

Penske_Account 07-19-2005 05:41 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by sgtclub
I suggest you kiss my ass
I suggest you use "arse". It sounds classier.

Mmmm, Burger (C.J.) 07-19-2005 05:42 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by sgtclub
Because their understanding may lead to an unconstitutional result. For example, Congress' understanding of every law they pass is that it's constitutional. Most of the time they are probably right, but occassionally they get smacked down by the court. We don't get a ruling on constitutionality until it's actually challenged. So to say that fillibusters are constitutional because they have been used (but never challenged) in the past, doesn't make sense to me.
That's a fair point, but why is this Senate better positioned to make that determination? It's the reverse of an originalist argument they're making. That is, ordinarily a practice that was in place at the founding (or thereabouts) is presumed to be constitutional because absent something explicit in the constitution, we assume there was no intention to make it unconstitutional. For example, we assume teh death penalty is not cruel and unusual punishment because it was used regularly in the 18th century. Had that clause been intended to make the death penalty unconstitutional, we would have seen something more explicit, like discusison of the fact and acknowledgement of the new era.

Same with the fillibuster. It's been used for 200 years, without a question of its constitutionality. That means something.

Mmmm, Burger (C.J.) 07-19-2005 05:43 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by Shape Shifter
Ty or Burger could probably explain this much better than I, but don't the courts defer to Congress on how Congress chooses to conduct its business?
Generally, except for activist courts, like Rehnquist, who throws out federal statutes all the time.

If you're referring to the greatest judicial dodge of all time, the "political question doctrine" then yo're definitely right.

Penske_Account 07-19-2005 05:45 PM

Restoring honor and dignity to the White House!
 
Quote:

Originally posted by Sidd Finch
Wow -- it was Plame's decision to send Wilson to that five-star resort of a country known as Niger?

Boy, she is a big evil cunt of a woman. I guess we can't expect better from someone who took such a cushy, no-risk, no-service-to-her-country job like "covert CIA operative."
I think we should expect that a CIA employee will refrain from using her husband in a conspiratorial partisan tinged plot to treasonously damage the Nation's war effourt and national defence. The correct response would have been to covertly liquidate the two of them, but unfortunately, the demo led Church Commission emasculated our nation's ability to effectively deal with such turncoats.

Mmmm, Burger (C.J.) 07-19-2005 05:46 PM

Restoring honor and dignity to the White House!
 
Quote:

Originally posted by sebastian_dangerfield
The GOP is better off working the best fact it has - "Rove did not out a CIA operative in violation of the law." That is true. Why don't they just keep ramming it home?
One has to wonder why not. One possibility--the "I did not have sex with that woman" problem -- is still there. I'm not sure they're convinced they have the facts on this, at least for everyone in the whitehouse, and don't want to go out on that limb.

BTW, prediction. Sooner or later, Bush will say "anyone convicted of a crime will have to leave the whitehouse". Not just charged.

Mmmm, Burger (C.J.) 07-19-2005 05:47 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by sgtclub


Huh?
:yum:

get thee to the FB.

Tyrone Slothrop 07-19-2005 05:51 PM

breaking news: the doomsday clock ticks one minute closer to the apocalypse
 
Quote:

Originally posted by sgtclub
Because their understanding may lead to an unconstitutional result. For example, Congress' understanding of every law they pass is that it's constitutional. Most of the time they are probably right, but occassionally they get smacked down by the court. We don't get a ruling on constitutionality until it's actually challenged. So to say that fillibusters are constitutional because they have been used (but never challenged) in the past, doesn't make sense to me.
A circuit court of appeals' understanding is that every decision it makes is constitutional. The fact that the Supreme Court sometimes disagrees does not mean that the circuit court was ignoring the Constitution. And here, the Senate is the body that construes its own rules, not a court.


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