Justice Scalia has passed

[Rain]

Ted Cruz already on twitter saying that the next president should be the person that gets to nominate Scalia's replacement.

Republicans attempting to stall this shyt for a year would win Dems the election.

 

[JahFocus CS]

Legally, could Obama nominate himself?

 

[ogc163]

As to the first bolded sentence: In the 1970s, statutory interpretation was very loosey-goosey. Judges would look everywhere except the language of the law first. Scalia changed all that. Now, basically every judge in America is a "textualist." All statutory interpretation begins an ends with an analysis of the language itself. He's co-authored incredibly influential books with Bryan Garner on the subject. Even Justice Kagan has basically acknowledged that he completely changed the field and considers herself a "textualist."

As to the second bolded sentence: He wrote this opinion -- Employment Division v. Smith - Wikipedia, the free encyclopedia

The reason why the First Amendment does not protect religious people from neutral laws of general application is because Scalia wrote that.

This is not true at all, textualism is nowhere near as influential as you are making it out to be. There are different canons of interpretation that are used by judges, textualism is one of many. Scalia was a smart dude but Judge Posner demolished most of Scalia's arguments for textualism The Incoherence of Antonin Scalia.

 

[☑︎#VoteDemocrat]

 

[714562]

what on earth does that mean? give an example

If the your state passes a bill outlawing the use of LSD for everyone, it doesn't mean that some quack who uses LSD for religious reasons gets to suddenly possess LSD. The law is neutral and applies to everyone.

The Religious Freedom Restoration Act (RFRA) blunts this test, and was passed largely in response to Scalia creating the "neutral law of general applicability" test.

Religious Freedom Restoration Act - Wikipedia, the free encyclopedia

 

[muzikfrk75]

Legally, could Obama nominate himself?

Nope, but Hillary could

 

[Trip]

No surprise the liberal Constitution stompers here are celebrating a bright legal minds death.

Never underestimate how dumb the American left is.

 

[714562]

This is not true at all, textualism is nowhere near as influential as you are making it out to be. There are different canons of interpretation that are used by judges, textualism is one of many. Scalia was a smart dude but Judge Posner demolished most of Scalia's arguments for textualism The Incoherence of Antonin Scalia.

The fact that there are different canons doesn't change the fact that the #1 place all judges start (and end) is now the text. In the 1970s, the text was not analyzed at all. Scalia is the person who changed that. None of what I just said is really disputable and is, in fact, widely acknowledged by legal liberals and conservatives.

The fact that Judge Posner disagrees is also completely beside the point.

 

[FAH1223]

Obama will nominate someone but they won't be confirmed. GOP Senate staffers were tweeting their pledge to block the President's nominee before offering condolences to the Justice.

SO, this election just became more of a shid show.

 

[BaggerofTea]

Bernie will nominate Chomsky

 

[FAH1223]

This is who Obama will probably nominate.

he was confirmed by the Senate by a vote of 97–0 on May 23, 2013. 48 years old.

 

[dtownreppin214]

Obama will nominate someone but they won't be confirmed. GOP Senate staffers were tweeting their pledge to block the President's nominee before offering condolences to the Justice.

SO, this election just became more of a shid show.

demonic party. i believe bush senior got one thru in his final year in office. obama should select a woman or a hispanic and let the rethugs take the political blowback for denying a minority.

 

[acri1]

Republicans attempting to stall this shyt for a year would win Dems the election.

Yeah, if the GOP tries to do that (and I think they will) then that's an EASY talking point for whoever the Democratic nominee is.

 

[714562]

Legally, could Obama nominate himself?

This is actually an interesting question. The Constitution only restricts members of Congress from holding other public offices.

But this would not happen in reality. Congress would never okay this kind of thing and, if he were somehow to get past the confirmation process, an acting president/justice would have to recuse himself from a HELL of a lot of cases.

 

[Serious]