<?xml version="1.0" encoding="UTF-8"?><rss xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:atom="http://www.w3.org/2005/Atom" version="2.0"><channel><title><![CDATA[Justice Souter to retire]]></title><description><![CDATA[<blockquote>
<span style="color:#000000"><b><a href="http://www.npr.org/templates/story/story.php?storyId=103694193" rel="external nofollow">Supreme Court Justice Souter To Retire</a></b></span><p>
by Nina Totenberg</p>

<p>
NPR has learned that Supreme Court Justice David Souter is planning to retire at the end of the current court term.</p>

<p>
The vacancy will give President Obama his first chance to name a member of the high court and begin to shape its future direction.</p>

<p>
At 69, Souter is nowhere near the oldest member of the court. In fact, he is in the younger half of the court's age range, with five justices older and just three younger. So far as anyone knows, he is in good health. But he has made clear to friends for some time that he wanted to leave Washington, a city he has never liked, and return to his native New Hampshire. Now, according to reliable sources, he has decided to take the plunge and has informed the White House of his decision.</p>

<p>
Factors in his decision no doubt include the election of President Obama, who would be more likely to appoint a successor attuned to the principles Souter has followed as a moderate-to-liberal member of the court's more liberal bloc over the past two decades.</p>

<p>
In addition, Souter was apparently satisfied that neither the court's oldest member, 89-year-old John Paul Stevens, nor its lone woman, Ruth Bader Ginsburg, who had cancer surgery over the winter, wanted to retire at the end of this term. Not wanting to cause a second vacancy, Souter apparently had waited to learn his colleagues' plans before deciding his own.</p>

<p>
Given his first appointment to the high court, most observers expect Obama will appoint a woman, since the court currently has only one female justice and Obama was elected with strong support from women. But an Obama pick would be unlikely to change the ideological makeup of the court.</p>

<p>
Souter was a Republican appointed by President George H.W. Bush in 1990, largely on the recommendation of New Hampshire's former Gov. John Sununu, who had become the first President Bush's chief of staff.</p>

<p>
But Souter surprised Bush and other Republicans by joining the court's more liberal wing.</p>

<p>
He generally votes with Stevens and the two justices who were appointed by President Bill Clinton — making up the bloc of four more liberal members of the court, a group that has usually been in the minority throughout Souter's tenure.</p>

<p>
Possible nominees who have been mentioned as being on a theoretical short list include Elena Kagan, the current solicitor general who represents the government before the Supreme Court; Sonia Sotomayor, a Hispanic judge on the U.S. Court of Appeals for the Second Circuit; and Diane Wood, a federal judge in Chicago who taught at the University of Chicago at the same time future President Barack Obama was teaching constitutional law there.</p>

<p>
President Obama's choice has an excellent chance of being confirmed by the U.S. Senate, where Democrats now have an advantage of 59 seats to the Republicans' 40.</p>

<p>
By the time a vote on a successor is taken, the Senate is anticipated to have a 60th Democrat, as the Minnesota Supreme Court is expected to approve the recount that elected Democrat Al Franken over incumbent Republican Norm Coleman in that state.</p>
</blockquote>]]></description><link>https://brownsboard.com/topic/4522/justice-souter-to-retire</link><generator>RSS for Node</generator><lastBuildDate>Thu, 01 Oct 2026 03:32:37 GMT</lastBuildDate><atom:link href="https://brownsboard.com/topic/4522.rss" rel="self" type="application/rss+xml"/><pubDate>Fri, 01 May 2009 03:01:50 GMT</pubDate><ttl>60</ttl><item><title><![CDATA[Reply to Justice Souter to retire on Wed, 13 May 2009 16:28:56 GMT]]></title><description><![CDATA[<blockquote><p>mz. <a href="/post/70505">said</a>:</p>"One nation under God" is being taken way too literally and is screwing us all. <img src="https://brownsboard.com/assets/plugins/nodebb-plugin-emoji/emoji/android/1f642.png?v=00a0b17bbb1" class="not-responsive emoji emoji-android emoji--slightly_smiling_face" title=":slightly_smiling_face:" alt="🙂" /></blockquote>

<p>
Not taking it literally enough is what is screwing us all.</p>]]></description><link>https://brownsboard.com/post/70525</link><guid isPermaLink="true">https://brownsboard.com/post/70525</guid><dc:creator><![CDATA[ballpeen]]></dc:creator><pubDate>Wed, 13 May 2009 16:28:56 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Wed, 13 May 2009 15:25:35 GMT]]></title><description><![CDATA[<p>"One nation under God" is being taken way too literally and is screwing us all. <img src="https://brownsboard.com/assets/plugins/nodebb-plugin-emoji/emoji/android/1f642.png?v=00a0b17bbb1" class="not-responsive emoji emoji-android emoji--slightly_smiling_face" title=":slightly_smiling_face:" alt="🙂" /></p>]]></description><link>https://brownsboard.com/post/70505</link><guid isPermaLink="true">https://brownsboard.com/post/70505</guid><dc:creator><![CDATA[mz.]]></dc:creator><pubDate>Wed, 13 May 2009 15:25:35 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Wed, 13 May 2009 14:31:23 GMT]]></title><description><![CDATA[<blockquote><p>Aloysius <a href="/post/70450">said</a>:</p>Don't see the logic there. 
<p>
DOMA was passed in order to limit the impact of any single state allowing gay marriage. That's much different from the Federal Marriage Amendment, which would prohibit states from doing precisely that.</p>

<p>
If anything, your analogy further proves that Obama's better than Bush on gay rights. And so was Bill Clinton.</p>
</blockquote>

<p>
<b>If in fact you consider marriage a right to be applied to any humans.</b></p>


<p>
I do think Obammy is just lying to keep his base from freaking out.</p>

<p>
I suppose the guy who wants kiddie porn legal only in states that want it is better than the guy who wants it banned constitutionally if you're a child molester.</p>

<p>
But seriously I didn't take you for a states rights guy.</p>

<p>
WSS</p>]]></description><link>https://brownsboard.com/post/70481</link><guid isPermaLink="true">https://brownsboard.com/post/70481</guid><dc:creator><![CDATA[Westside Steve]]></dc:creator><pubDate>Wed, 13 May 2009 14:31:23 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Wed, 13 May 2009 12:02:50 GMT]]></title><description><![CDATA[<blockquote><p>Aloysius <a href="/post/70450">said</a>:</p>Don't see the logic there. 
<p>
DOMA was passed in order to limit the impact of any single state allowing gay marriage. That's much different from the Federal Marriage Amendment, which would prohibit states from doing precisely that.</p>

<p>
If anything, your analogy further proves that Obama's better than Bush on gay rights. And so was Bill Clinton.</p>
</blockquote>

<p>
No argument there except possibly the whole premise of better.</p>

<p>
In the end, the whole gay rights issue boils down to two M's.</p>

<p>
Morality and money.</p>

<p>
As a nation under God, is it moral to sanction gay marriage?  I am not going to get in to that debate as it more or less comes down to the same issue as abortion.  Some think it right, some think it wrong.  </p>

<p>
The only real benefit a gay couple doesn't enjoy is the transfer of benefit, so it is a issue of money.  I don't think many are seeking to make cohabitation illegal. Draconian laws against sodomy are being thrown out or just allowed to gather dust to the point a DA isn't going to dig them out.</p>

<p>
Personally, I would like to see tax codes changed where tax isn't determined by marriage, so that would take that out of the mix in so far as gay rights.  The transfer of assets isn't a real problem for them anyway as long as a will is in place.  A simple act by the parties involved take care of that and keep things out of probate...any person with half a brain should do that no matter their orientation.</p>

<p>
I myself while thinking gay is immoral, I don't think it is my place to determine that.  if any judgment on that is to take place, I will leave that up to the Creator.</p>

<p>
I am all for freedom of choice on the issue of abortion.  I myself wouldn't opt for that.  Under law if you kill a woman who is carrying child, it can and is in many cases a charge of two homicides.  That being the case, i see no distinction between choosing to terminate the life and  having it terminated unwillingly.</p>

<p>
Also on the freedom of choice issue, if a woman can choose to terminate the pregnancy, a man should be afforded the same rights as a woman. </p>

<p>
That isn't to say he can force her to terminate the pregnancy if she wants to have the baby, but once he is informed of the pregnancy, through legal means he should be able to opt out of any claims to the child and any responsibility towards the care of that child.</p>

<p>
If women can terminate a pregnancy on grounds of finances or not being mentally prepared(or any grounds really) for the serious role of raising a child, and man should have those same options.  Men can be as mentally unprepared, financially unprepared, or simply don't want a kid, as a woman.</p>

<p>
Do we afford equal rights or do we not?</p>]]></description><link>https://brownsboard.com/post/70454</link><guid isPermaLink="true">https://brownsboard.com/post/70454</guid><dc:creator><![CDATA[ballpeen]]></dc:creator><pubDate>Wed, 13 May 2009 12:02:50 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Wed, 13 May 2009 11:44:37 GMT]]></title><description><![CDATA[<p>I think I have to order more strawberry plants, still have room in the designated </p>

<p>
strawberry area.</p>

<p>
 Went to our grocery, bought strawberries, worked all day,</p>

<p>
next say, in the evening, got em out of the fridge, and about a third of em were fuzzy.</p>

<p>
I just want the top court in the land to rule what the Constitution says, not be</p>

<p>
deciding that it should be ignored per their arrogant opinion that they know best,</p>

<p>
or to fit a political movement.</p>

<p>
The Constitution rules. And, I do believe we need a federal ruling defining marriage</p>

<p>
as of a man and a woman.</p>

<p>
Anything else goes against the laws of the universe, the laws of physics, the laws of science,</p>

<p>
and the Word of God.</p>

<p>
  On talk radio, a great caller called in. He said Obama was failing to inspire a lot of </p>

<p>
of black folks - a strong majority of "us" he said - vote against gay marriage from state to state.</p>

<p>
  He said he had a tough time trying to find one reason to really believe in Obama as president.</p>

<p>
  And, he said blacks in big cities like Detroit and DC and New York... especially Detroit, are hell holes.</p>

<p>
And, they are heavily Dem, but the Dems only pander to black voters by claiming "racist" on issues...</p>

<p>
enough to try to convince black voters they are on their side. But in Detroit, where has that ever </p>

<p>
gotten the black portion of the population? That caller made so much sense, they are talking about</p>

<p>
inviting him on the talk show. He was great, and exceptionally articulate in what he wanting to explain.</p>

<p>
  With two magnets, N-S attract strongly. NN or SS repel strongly. Adam and Eve. End of controversy.</p>]]></description><link>https://brownsboard.com/post/70452</link><guid isPermaLink="true">https://brownsboard.com/post/70452</guid><dc:creator><![CDATA[calfoxwc]]></dc:creator><pubDate>Wed, 13 May 2009 11:44:37 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Wed, 13 May 2009 11:19:36 GMT]]></title><description><![CDATA[<p>Don't see the logic there. </p>

<p>
DOMA was passed in order to limit the impact of any single state allowing gay marriage. That's much different from the Federal Marriage Amendment, which would prohibit states from doing precisely that.</p>

<p>
If anything, your analogy further proves that Obama's better than Bush on gay rights. And so was Bill Clinton.</p>]]></description><link>https://brownsboard.com/post/70450</link><guid isPermaLink="true">https://brownsboard.com/post/70450</guid><dc:creator><![CDATA[Aloysius]]></dc:creator><pubDate>Wed, 13 May 2009 11:19:36 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Wed, 13 May 2009 11:05:13 GMT]]></title><description><![CDATA[<blockquote><p>mz. <a href="/post/70271">said</a>:</p>Bush wanted to add an anti-marriage amendment.
<p>
<a href="http://en.wikipedia.org/wiki/Federal_Marriage_Amendment" rel="external nofollow">http://en.wikipedia.org/wiki/Federal_Marriage_Amendment</a></p>

<p>
Send me some of those strawberries.  The ones in the markets here look like shit.</p>
</blockquote>

<p>
<b>But mz the pussy the defense of marriage act defines marriage as a union of a man and a woman.</b></p>
<p>
Obama's position.</p>
<p>
Probably meant to give small perks to natural familiy units in the old days where the "family" had more respect.</p>

<p>
So if Bush (along with at least two thirds of the population) feels that law should not be changed his best course of action is to get it cleared up constitutionally.</p>
<p>
Isn't it?</p>

<p>
WSS</p>]]></description><link>https://brownsboard.com/post/70447</link><guid isPermaLink="true">https://brownsboard.com/post/70447</guid><dc:creator><![CDATA[Westside Steve]]></dc:creator><pubDate>Wed, 13 May 2009 11:05:13 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Tue, 12 May 2009 19:45:25 GMT]]></title><description><![CDATA[<blockquote><p><a class="plugin-mentions-user plugin-mentions-a" href="/user/calfoxwc" aria-label="Profile: calfoxwc">@<bdi>calfoxwc</bdi></a> <a href="/post/70263">said</a>:</p>Which amendment is it that guarantees the right of gays to marry specifically? And Bush wanted to 
<p>
get rid of that amendment?</p>
</blockquote>

<p>
Bush wanted to add an anti-marriage amendment.</p>

<p>
<a href="http://en.wikipedia.org/wiki/Federal_Marriage_Amendment" rel="external nofollow">http://en.wikipedia.org/wiki/Federal_Marriage_Amendment</a></p>

<p>
Send me some of those strawberries.  The ones in the markets here look like shit.</p>]]></description><link>https://brownsboard.com/post/70271</link><guid isPermaLink="true">https://brownsboard.com/post/70271</guid><dc:creator><![CDATA[mz.]]></dc:creator><pubDate>Tue, 12 May 2009 19:45:25 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Tue, 12 May 2009 19:22:39 GMT]]></title><description><![CDATA[<p>and let us not forget the damage shrub did as well.....you feel that an amendment banning gay marriage was just?</p>

<p>
face it, the constitution is there to protect us (the people) from them (bureaucrats)....they all want it dissolved....regardless of party. CHOCO</p>
<p>
*******************************</p>

<p>
  Which amendment is it that guarantees the right of gays to marry specifically? And Bush wanted to </p>

<p>
get rid of that amendment?</p>

<p>
  When did this happen?</p>

<p>
  I'm just taking a dinner break from planting about 200 strawberry plants...</p>]]></description><link>https://brownsboard.com/post/70263</link><guid isPermaLink="true">https://brownsboard.com/post/70263</guid><dc:creator><![CDATA[calfoxwc]]></dc:creator><pubDate>Tue, 12 May 2009 19:22:39 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Tue, 12 May 2009 14:32:14 GMT]]></title><description><![CDATA[<blockquote><p><a class="plugin-mentions-user plugin-mentions-a" href="/user/mr.-t" aria-label="Profile: mr.-t">@<bdi>mr.-t</bdi></a> <a href="/post/70157">said</a>:</p>Well it didn't matter because Bill and Hill both took a crap all over it.</blockquote>
<p>
and let us not forget the damage shrub did as well.....you feel that an amendment banning gay marriage was just?</p>

<p>
face it, the constitution is there to protect us (the people) from them (bureaucrats)....they all want it dissolved....regardless of party.</p>]]></description><link>https://brownsboard.com/post/70186</link><guid isPermaLink="true">https://brownsboard.com/post/70186</guid><dc:creator><![CDATA[choco]]></dc:creator><pubDate>Tue, 12 May 2009 14:32:14 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Tue, 12 May 2009 11:55:10 GMT]]></title><description><![CDATA[<blockquote><p>mz. <a href="/post/70153">said</a>:</p>I never said the RIGHT is questionable.  I said the NEED.
<p>
Blargh.</p>
</blockquote>

<p>
Fair enough, but on that count we disagree.</p>

<p>
You may not have a need where others do.</p>

<p>
In real terms, I would say the need is as great as it was in frontier days where criminals far outstripped the ability of the law to control them.</p>

<p>
Even 25 years ago, you didn't have home invasions and car jackings anywhere near the level we have today.  You had stolen cars and home break-ins no doubt, but not the flat out strong armed stuff that takes place everyday.</p>

<p>
The killing of the Clutter family in the late 50s not only shocked the nation, it gripped the nation because things like that just didn't happen.  Now, something like that still shocks people, but it is becoming so common place, it barely holds the attention for a few days.  Now it seems like there has to be a child involved to really grip peoples attention.</p>]]></description><link>https://brownsboard.com/post/70171</link><guid isPermaLink="true">https://brownsboard.com/post/70171</guid><dc:creator><![CDATA[ballpeen]]></dc:creator><pubDate>Tue, 12 May 2009 11:55:10 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Tue, 12 May 2009 04:08:29 GMT]]></title><description><![CDATA[<p>I think it was Hillary who said that the constitution is a living document and can be changed, but only to liberal likings.</p>

<p>
Well it didn't matter because Bill and Hill both took a crap all over it. </p>

<p>
Some want it changed to protect their thoughts and actions while others use it for protection of all thoughts and actions. </p>

<p>
What a great document we have for Americans, and it is worth protecting and not to allow it to be misconstrude. What other country gives you a Bill of Rights? and that  is not a Bill of Special Intrests.</p>]]></description><link>https://brownsboard.com/post/70157</link><guid isPermaLink="true">https://brownsboard.com/post/70157</guid><dc:creator><![CDATA[Mr. T]]></dc:creator><pubDate>Tue, 12 May 2009 04:08:29 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Tue, 12 May 2009 04:01:01 GMT]]></title><description><![CDATA[<blockquote><p><a class="plugin-mentions-user plugin-mentions-a" href="/user/ballpeen" aria-label="Profile: ballpeen">@<bdi>ballpeen</bdi></a> <a href="/post/70100">said</a>:</p>No it isn't, anymore than someone saying the right for women to vote is questionable.</blockquote>

<p>
I never said the RIGHT is questionable.  I said the NEED.</p>

<p>
Blargh.</p>]]></description><link>https://brownsboard.com/post/70153</link><guid isPermaLink="true">https://brownsboard.com/post/70153</guid><dc:creator><![CDATA[mz.]]></dc:creator><pubDate>Tue, 12 May 2009 04:01:01 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Tue, 12 May 2009 03:45:59 GMT]]></title><description><![CDATA[<p>What good is the Constitution if it can be politically</p>

<p>
adjusted to take out certain parts Obama doesn't like?</p>

<p>
 But let Bush try to change it... oh... and all hell would break loose.</p>

<p>
 The politics of self-serving power control is out of the bag, and running</p>

<p>
wild like a crazed rhino.</p>]]></description><link>https://brownsboard.com/post/70148</link><guid isPermaLink="true">https://brownsboard.com/post/70148</guid><dc:creator><![CDATA[calfoxwc]]></dc:creator><pubDate>Tue, 12 May 2009 03:45:59 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Tue, 12 May 2009 00:31:08 GMT]]></title><description><![CDATA[<blockquote><p>mz. <a href="/post/70098">said</a>:</p>The right is there.  The need on the other hand is very questionable.</blockquote>


<p>
No it isn't, anymore than someone saying the right for women to vote is questionable.</p>]]></description><link>https://brownsboard.com/post/70100</link><guid isPermaLink="true">https://brownsboard.com/post/70100</guid><dc:creator><![CDATA[ballpeen]]></dc:creator><pubDate>Tue, 12 May 2009 00:31:08 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Tue, 12 May 2009 00:14:37 GMT]]></title><description><![CDATA[<blockquote><p><a class="plugin-mentions-user plugin-mentions-a" href="/user/ballpeen" aria-label="Profile: ballpeen">@<bdi>ballpeen</bdi></a> <a href="/post/70064">said</a>:</p>The rights of people to own arms is very necessary.</blockquote>

<p>
The right is there.  The need on the other hand is very questionable.</p>]]></description><link>https://brownsboard.com/post/70098</link><guid isPermaLink="true">https://brownsboard.com/post/70098</guid><dc:creator><![CDATA[mz.]]></dc:creator><pubDate>Tue, 12 May 2009 00:14:37 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Mon, 11 May 2009 22:17:40 GMT]]></title><description><![CDATA[<p>It doesn't mean it doesn't either.</p>

<p>
The National Guard is a militia....those are state units....a neighborhood watch is a militia of sorts.</p>

<p>
Militias are very necessary.  </p>

<p>
The rights of people to own arms is very necessary.</p>]]></description><link>https://brownsboard.com/post/70064</link><guid isPermaLink="true">https://brownsboard.com/post/70064</guid><dc:creator><![CDATA[ballpeen]]></dc:creator><pubDate>Mon, 11 May 2009 22:17:40 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Mon, 11 May 2009 22:10:32 GMT]]></title><description><![CDATA[<blockquote><p><a class="plugin-mentions-user plugin-mentions-a" href="/user/ballpeen" aria-label="Profile: ballpeen">@<bdi>ballpeen</bdi></a> <a href="/post/70060">said</a>:</p>You are confusing the right to bear arms with a militia.</blockquote>

<p>
That was the point I was trying to make.  Just because the Constitution allows for a militia, it doesn't mean it is a need in modern society.</p>]]></description><link>https://brownsboard.com/post/70061</link><guid isPermaLink="true">https://brownsboard.com/post/70061</guid><dc:creator><![CDATA[mz.]]></dc:creator><pubDate>Mon, 11 May 2009 22:10:32 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Mon, 11 May 2009 22:07:18 GMT]]></title><description><![CDATA[<p>Things can change.  And usually it is to allow more rights....Civil Rights, Woman Rights, abortion.</p>

<p>
It is a more modern trend to take rights away that are written in to the constitution.</p>

<p>
That is what can't change.  </p>

<p>
It is a static document in that regard. </p>

<p>
You are confusing the right to bear arms with a militia. </p>]]></description><link>https://brownsboard.com/post/70060</link><guid isPermaLink="true">https://brownsboard.com/post/70060</guid><dc:creator><![CDATA[ballpeen]]></dc:creator><pubDate>Mon, 11 May 2009 22:07:18 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Mon, 11 May 2009 21:40:13 GMT]]></title><description><![CDATA[<blockquote><p><a class="plugin-mentions-user plugin-mentions-a" href="/user/ballpeen" aria-label="Profile: ballpeen">@<bdi>ballpeen</bdi></a> <a href="/post/69997">said</a>:</p>That doesn't mean it is entirely static and can't bend as modern, unforeseen needs arise, but that isn't that common.</blockquote>

<p>
Sure it is.</p>


<blockquote>A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.</blockquote>

<p>
Not that I care if y'all have guns or not, but the notion that we need a well regulated Militia is antiquated as all hell.  This is offered as a mere example, not to get the NRA Krew all riled up.</p>

<p>
Come on, I have a hard time believing those who wrote the Constitution didn't have the foresight to allow changes as need be.</p>]]></description><link>https://brownsboard.com/post/70054</link><guid isPermaLink="true">https://brownsboard.com/post/70054</guid><dc:creator><![CDATA[mz.]]></dc:creator><pubDate>Mon, 11 May 2009 21:40:13 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Mon, 11 May 2009 19:21:28 GMT]]></title><description><![CDATA[<p>No matter who makes the appointment or who gets appointed, they all have various opinions on the litmus test issues.  I suppose there is no getting around that.</p>

<p>
The problem I have with many in the judiciary is the seeming attack on black letter law and the effort to shade things gray.</p>

<p>
Over the years many have proclaimed the constitution is a living, breathing document.  I tend to disagree and think it is more static than some suggest.  </p>

<p>
That doesn't mean it is entirely static and can't bend as modern, unforeseen needs arise, but that isn't that common.  For the most part, the constitution should be viewed as black letter and we shouldn't keep chipping at the buttress issues as sooner or later, the whole document will fall. Status quo isn't necessarily a bad thing.</p>

<p>
While many of the justices in the past may not have met my personal approval for what ever reason, I think by a large they all understand the weight of the position and once appointed, they all seem to take a step or two towards the center.  </p>

<p>
That is especially true when one political side of the court seems to gain a numbers advantage.  There are usually one or two who will swing the other way as I don't think any of the justices want to be a part of a run away court that attacks the country and document they are there to uphold.</p>

<p>
Also, as we have seen in the past, once appointed, there is no political pressure any longer.  Some may think that is dangerous, but I trust that once a person has been elevated to such a position, the really bad apples have been weeded out and exposed.  </p>

<p>
If a really bad candidate is nominated, the senate can knock that down easy enough, and trust they would....members of either side taking part. </p>

<p>
When it come to the big issues, I don't think politicians are as partisan as we think.  This is a big issue.</p>
<p>
I honestly don't think members of either party are just going to rubber stamp their Presidents nomination if in their heart of hearts they know the person is a bad or unqualified candidate who is going to cause the country harm. </p>

<p>
I can't recall all the nominations, but I don't really remember any who were simply unqualified or unable to have performed the job, and I don't recall any who were elevated to the position who were simply unqualified or took a radical activist position, because the sitting justices tend to rein those people in a bit because as stated earlier, the history and weight of the position tends to make people step away from the fringes and move more towards the center.</p>

<p>
No doubt that over the years there have been decisions I didn't agree with, and took a opposite view of the law and how it was written, but I don't think any majority opinion was baseless nor well thought out.  At most I have thought the interpretation  was stretching the bounds past what I would have though reasonable.</p>]]></description><link>https://brownsboard.com/post/69997</link><guid isPermaLink="true">https://brownsboard.com/post/69997</guid><dc:creator><![CDATA[ballpeen]]></dc:creator><pubDate>Mon, 11 May 2009 19:21:28 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Fri, 08 May 2009 05:14:16 GMT]]></title><description><![CDATA[<p>I haven't studied Con Law since college. So I'm out. Those were some great classes though. </p>

<p>
And yet everyone I know who was a lawyer at the time warned me not to be a lawyer. Many described how much the business end of the job was squeezing out the legal end, so much that they didn't much feel like a lawyer anymore. Plus, they never saw the sun. </p>

<p>
I like seeing the sun.</p>]]></description><link>https://brownsboard.com/post/69405</link><guid isPermaLink="true">https://brownsboard.com/post/69405</guid><dc:creator><![CDATA[heckofajobbrownie]]></dc:creator><pubDate>Fri, 08 May 2009 05:14:16 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Thu, 07 May 2009 23:29:14 GMT]]></title><description><![CDATA[<p>Oh, please don't defer to me on this stuff. As Tupa can attest, I pretty much don't know what the hell I'm talking about. </p>

<p>
But you're right that the snap judgments on whether a nominee is a "good pick" or not are mostly pointless. Only scholars and people working in the White House are familiar enough with the potential justices' work to point out all the possible controversial opinions/articles that could get a nominee Borked.</p>

<p>
Fortunately, the confirmation process affords enough time for enterprising law students to put together analyses of a nominee's major cases. A few years ago, a bunch of Yale law students put together a thorough, critical account of Alito's judicial record. I'm sure some young Federalist Society members will do the same for whoever becomes Obama's nominee.</p>]]></description><link>https://brownsboard.com/post/69329</link><guid isPermaLink="true">https://brownsboard.com/post/69329</guid><dc:creator><![CDATA[Aloysius]]></dc:creator><pubDate>Thu, 07 May 2009 23:29:14 GMT</pubDate></item><item><title><![CDATA[Reply to Justice Souter to retire on Thu, 07 May 2009 22:47:55 GMT]]></title><description><![CDATA[<p>I'd tend to think that Obama, being of this legal world and familiar with many of the players and their opinions, already has a very short list of nominees that dates back to before the election. I wouldn't be surprised if the vetting had already taken place, or the decision already made.   </p>

<p>
Not being of this world, I'm going to defer to Tupa and Alo on the eventual pick. I'd only be forwarding something I read and agreed with, and that's only so interesting.</p>]]></description><link>https://brownsboard.com/post/69318</link><guid isPermaLink="true">https://brownsboard.com/post/69318</guid><dc:creator><![CDATA[heckofajobbrownie]]></dc:creator><pubDate>Thu, 07 May 2009 22:47:55 GMT</pubDate></item></channel></rss>