Quote:
Originally posted by sgtclub
What I miss?
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Jesus Christ. I had hoped you were just joking.
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Gatti: Stripping Fed Jur. is a boneheaded GOP tactic. Having lost their attempts to pass a law or amend the constitution, they’re taking the ball and going home. They’re doing it just because they can, which is a stupid reason.
Club: Yeah, it’s a bonehaded move, but it’s really caused by years of liberals’ judicial activism.
Gatti: No, (1) that makes no sense – why didn’t you see stripping FJ during the Warren Court, and in any event (2) activism is just an epithet for results that politicians don’t like. See article describing how over last 30 years, trend has flipped back and forth, with people complaining about activist courts when they didn’t like the results.
Club: Well, as to (1) conservatives weren’t in the majority then. We are now.
Gatti: That’s the same as “because you can.” Dumb reason.
Club: It’s “political support.” Besides, if the courts have “thwarted the will of the people”, what choice do they have? 5 people in MA are deciding this for the country, and it’s unseemly.
Gatti: They have two choices. Pass a law that passes constitutional muster, or amend the constitution if you disagree with the court. Taking away Fed Jur. is neither of those things, it’s stupid and it’s shortsighted, and the GOP is pissed because they CAN’T GET the “political support” to use traditional paths successfully. And 5 people in MA haven’t decided this for the country. If someone declares DOMA unconstitutional, it’ll get to SCOTUS, and quickly.
Club: Yes, it’s shortsighted. Anyway, real problem is that the judges can’t reasonably interpret the words on the page.
Gatti: a “failure to reasonably interpret the words on the page" is more a political talking point, and a creature of political outlook, than anything else.
Club: Both parties do end runs. See advise and consent. Wasn’t the treatment of abortion another end run, done by the leftists?
Gatti: Yes, both parties do advise and consent. No, abortion was not an end run – proponents WENT TO COURT, and the court decided. Here, GOP wants to prevent people from going to court. THAT’s an end run. And stop talking about liberal activism – it’s really become an epithet for results that politicos on either side don’t like.
Club: Well, I just don’t think judges on either side of the aisle play fair. Both choose their conclusions and backfill to reach it.*
* To which I didn’t respond, but thought that as good a place to let it drop as any. Though you never chose to respond to my point that judicial activism is now a political epithet devoid of any real substance, at least (I thought) we had agreed that at least this decades-old, bipartisan whipping boy was a poor excuse for – TODAY – choosing to try and strip Fed Jur. from the courts. I was wrong.
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Later, separate conversation Sidd/Club
Club: The leftist pinko activist federal judges are on the coast, not in the heartland.
Gatti: Let's not assume this means that there’s no “activism”* going on in that heartland, OK? Add article about heartland Fed Judges removing fed regs to snowmobile through Yellowstone, etc.
*Forgot to add quotes here, because the point was not to acknowledge that activism allegations have substance, but instead that – again – they’re bipartisan in nature.
Club: Oooo! Oooo! You said “Activism!” You guys argue funny!
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I’m embarrassed to consider how much time I’ve invested over the last day or so in this conversation. I was under the impression that at least it was going somewhere. Fuck this. See ya, guys.
Gattigap
