Comments on: Religious Bigotry & Judicial Nominations http://timesandseasons.org/index.php/2005/04/anti-religious-bigotry-american-judgeships/ Truth Will Prevail Wed, 23 May 2012 18:23:52 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Fraggle http://timesandseasons.org/index.php/2005/04/anti-religious-bigotry-american-judgeships/#comment-68372 Fraggle Mon, 02 May 2005 02:03:55 +0000 /?p=2205#comment-68372 --- From #5 I believe it was either Ken Hamblin or Walter Williams who summed it up this way: Liberals see the constitution as a living document, while conservatives see it as a fixed document. --- Maybe you have to be American to get this, but I've seen this idea mentioned before and I don't get it. In what way is the Constitution not already a living document, as it can be textually altered? — From #5
I believe it was either Ken Hamblin or Walter Williams who summed it up this way: Liberals see the constitution as a living document, while conservatives see it as a fixed document.
—

Maybe you have to be American to get this, but I’ve seen this idea mentioned before and I don’t get it. In what way is the Constitution not already a living document, as it can be textually altered?

]]> By: yossarian http://timesandseasons.org/index.php/2005/04/anti-religious-bigotry-american-judgeships/#comment-66757 yossarian Fri, 29 Apr 2005 05:10:28 +0000 /?p=2205#comment-66757 Nate #51- I am not just suspicious of conservative protestants, I am terrified of them. As a former resident of Alabama to know them is to fear them. Nate #51-
I am not just suspicious of conservative protestants, I am terrified of them. As a former resident of Alabama to know them is to fear them.

]]> By: JCP http://timesandseasons.org/index.php/2005/04/anti-religious-bigotry-american-judgeships/#comment-65713 JCP Tue, 26 Apr 2005 22:10:25 +0000 /?p=2205#comment-65713 Nate Oman: Wouldn't it be fair to say that SC justices are "stating their positions," given that they have no superior court or body of law that is controlling in any sense? Lower court judges are obviously quite different. Perhaps "ideological manifesto" is too strong a term, but it strikes me as not so far off for the admittedly smaller set of SC justices. Nate Oman:

Wouldn’t it be fair to say that SC justices are “stating their positions,” given that they have no superior court or body of law that is controlling in any sense? Lower court judges are obviously quite different. Perhaps “ideological manifesto” is too strong a term, but it strikes me as not so far off for the admittedly smaller set of SC justices.

]]> By: HL Rogers http://timesandseasons.org/index.php/2005/04/anti-religious-bigotry-american-judgeships/#comment-65706 HL Rogers Tue, 26 Apr 2005 22:00:41 +0000 /?p=2205#comment-65706 Nate 44: Dismissing the disparity in voting behavior by church-attenders as a smoke screen created by the vast right-wing conspiracy seems to be rather like sticking your head in the sand. Fortunately I enjoy both right wing conspiracies and sand. Oh and as a side benefit I enjoy Nate rhetoric. :) Nate 44: Dismissing the disparity in voting behavior by church-attenders as a smoke screen created by the vast right-wing conspiracy seems to be rather like sticking your head in the sand.

Fortunately I enjoy both right wing conspiracies and sand. Oh and as a side benefit I enjoy Nate rhetoric. :)

]]> By: Matt Evans http://timesandseasons.org/index.php/2005/04/anti-religious-bigotry-american-judgeships/#comment-65684 Matt Evans Tue, 26 Apr 2005 21:10:45 +0000 /?p=2205#comment-65684 Hi Elisabeth, I was referring to the cases from the 1990s: <i>Jane L. v. Bangerter</i>, 809 F.Supp 865 (D. Utah 1992), 102 F.3d 1112 (10th Cir. 1996); <i>Utah Women's Clinic v. Leavitt</i>, 844 F.Supp. 1482 (D. Utah 1994), 75 F.3d 564 (10th Cir. 1995); and <i>Utah Women's Clinic v. Graham</i>, 892 F.Supp. 1379 (D. Utah 1995). Hi Elisabeth, I was referring to the cases from the 1990s:

Jane L. v. Bangerter, 809 F.Supp 865 (D. Utah 1992), 102 F.3d 1112 (10th Cir. 1996); Utah Women’s Clinic v. Leavitt, 844 F.Supp. 1482 (D. Utah 1994), 75 F.3d 564 (10th Cir. 1995); and Utah Women’s Clinic v. Graham, 892 F.Supp. 1379 (D. Utah 1995).

]]> By: Nate Oman http://timesandseasons.org/index.php/2005/04/anti-religious-bigotry-american-judgeships/#comment-65679 Nate Oman Tue, 26 Apr 2005 21:07:20 +0000 /?p=2205#comment-65679 Jonathan: A final point. Judges do not state in their opinions exactly what their positions are. Rather, the purpose of opinions is to explain the particular outcome in a particular case. It would be a grave mistake to view judicial opinions as ideological manifestos, although admittedly there are opinions that take this form. (Blackmun -- or perhaps just his clerks -- was particularlly fond of these, afterall the man yielded to no one in his horror at the carnage on our highways!) Jonathan: A final point. Judges do not state in their opinions exactly what their positions are. Rather, the purpose of opinions is to explain the particular outcome in a particular case. It would be a grave mistake to view judicial opinions as ideological manifestos, although admittedly there are opinions that take this form. (Blackmun — or perhaps just his clerks — was particularlly fond of these, afterall the man yielded to no one in his horror at the carnage on our highways!)

]]> By: Nate Oman http://timesandseasons.org/index.php/2005/04/anti-religious-bigotry-american-judgeships/#comment-65676 Nate Oman Tue, 26 Apr 2005 21:04:15 +0000 /?p=2205#comment-65676 "That’s an odd shift, since the actualy minority leader who’s leading the opposition would seem to be of some relevance." Perhaps, but Schumer was beating the fillibuster drum in the Judiciary Committee before Reid took the issue up. Mind you, I don't think that there is anything inconsistent about Harry Reid, a Mormon, being suspicious of conservative protestants or conservative catholics. I'm a Mormon, and frankly, I am suspicious of conservative protestants. “That’s an odd shift, since the actualy minority leader who’s leading the opposition would seem to be of some relevance.”

Perhaps, but Schumer was beating the fillibuster drum in the Judiciary Committee before Reid took the issue up. Mind you, I don’t think that there is anything inconsistent about Harry Reid, a Mormon, being suspicious of conservative protestants or conservative catholics. I’m a Mormon, and frankly, I am suspicious of conservative protestants.

]]> By: Nate Oman http://timesandseasons.org/index.php/2005/04/anti-religious-bigotry-american-judgeships/#comment-65674 Nate Oman Tue, 26 Apr 2005 20:59:59 +0000 /?p=2205#comment-65674 Jonathan: My understanding is that some of the nominees have been judges and some have not. In any case, even those nominees that are not judges will not have decided cases on many if not most of the issues that are on the minds of the Senators. For example, I worked for a judge who had been on the federal bench for 18 years. In that time he had not heard a single case relating to abortion. A good example here might be David Souter, who was on the Supreme Court of New Hampshire for many years prior to being elevated to the Supreme Court by Bush I. He turned out to be a bit of a surprise for the conservatives in the Bush I administration who worked to get him confirmed. Although some conservative attorneys at the DOJ had read between the lines of his New Hampshire opinions and expressed concern to the White House, the bottom line was that he simply hadn't ruled on any of the sorts of hot button constitutional issues that get people's ideological juices flowing about the federal judiciary. The same is true, I suspect, of most judges. Accordingly, Senators are intensely interested in the idealogical opinions of potential nominees and even when those nominees have been on the bench for a while will look to other sources for any evidence as to pre-dispositions etc. Jonathan: My understanding is that some of the nominees have been judges and some have not. In any case, even those nominees that are not judges will not have decided cases on many if not most of the issues that are on the minds of the Senators. For example, I worked for a judge who had been on the federal bench for 18 years. In that time he had not heard a single case relating to abortion. A good example here might be David Souter, who was on the Supreme Court of New Hampshire for many years prior to being elevated to the Supreme Court by Bush I. He turned out to be a bit of a surprise for the conservatives in the Bush I administration who worked to get him confirmed. Although some conservative attorneys at the DOJ had read between the lines of his New Hampshire opinions and expressed concern to the White House, the bottom line was that he simply hadn’t ruled on any of the sorts of hot button constitutional issues that get people’s ideological juices flowing about the federal judiciary. The same is true, I suspect, of most judges. Accordingly, Senators are intensely interested in the idealogical opinions of potential nominees and even when those nominees have been on the bench for a while will look to other sources for any evidence as to pre-dispositions etc.

]]> By: Elisabeth http://timesandseasons.org/index.php/2005/04/anti-religious-bigotry-american-judgeships/#comment-65673 Elisabeth Tue, 26 Apr 2005 20:59:07 +0000 /?p=2205#comment-65673 Hi, Matt- Are you referring to Utah Women's Clinic v. Walker? This is the pending case over the bill enacted as an amendment to the existing Utah law which bans abortion procedures performed as early as the 12th week of pregnancy (and effectively eliminates the "health" exceptions). This bill is currently unenforceable due to a court-issued preliminary injunction while the case wends its way through the courts (not sure where the case is now – I checked on Westlaw, but couldn’t find it). Hi, Matt-

Are you referring to Utah Women’s Clinic v. Walker? This is the pending case over the bill enacted as an amendment to the existing Utah law which bans abortion procedures performed as early as the 12th week of pregnancy (and effectively eliminates the “health” exceptions).

This bill is currently unenforceable due to a court-issued preliminary injunction while the case wends its way through the courts (not sure where the case is now – I checked on Westlaw, but couldn’t find it).

]]> By: Matt Evans http://timesandseasons.org/index.php/2005/04/anti-religious-bigotry-american-judgeships/#comment-65666 Matt Evans Tue, 26 Apr 2005 20:35:54 +0000 /?p=2205#comment-65666 Elisabeth and Nate, Utah rewrote their abortion laws after Casey but they were struck down by the 10th circuit. Elisabeth and Nate, Utah rewrote their abortion laws after Casey but they were struck down by the 10th circuit.

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