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re: Kavanaugh authors opinion in jury selection racial bias case

Posted on 6/21/19 at 5:23 pm to
Posted by davyjones
NELA
Member since Feb 2019
30259 posts
Posted on 6/21/19 at 5:23 pm to
quote:

I guess that's what the nomination/confirmation process is supposed to ID and consider.

The process doesn't work as far as I'm concerned.

There's just no other way to catch problems/issues/biases/activist tendencies before it's too late....that's the one shot, and granted it's quite imperfect but in relatively few instances is a regrettable mistake made by the appointer-in-chief.

HOWEVER, the benefit awaiting on the other side of it with lifetime appointments is that theoretically there wont be justices with shaky constitutions that could be easily swayed by various shady incentives and motivations. As it system stands they're free to make decisions without concern for appeasing anyone with reelection or future aspirations in mind.
Posted by aTmTexas Dillo
East Texas Lake
Member since Sep 2018
15205 posts
Posted on 6/21/19 at 5:32 pm to
quote:

regrettable mistake

David Souter
In my opinion out of collegiality and decorum, the GOP has shown little interest in opposing the SC nominees of democrats. Those Justices don't in all cases but very commonly rule relative to their political leanings. On the other had democrats go to defcon 4 with GOP SC nominations. This will not be any less intense in coming years.

Republicans have had more problems misunderstanding the temperament of their nominees. Tell me when a democrat nominee has surprisingly rulled with the conservatives in the modern era. At least that is in pivotal cases that come before the court. I don't know what is happening at the circuit court and appeals court level.
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