Sunday, November 25, 2012

Here It Comes, Part V

One of the biggest dangers over the next 4 years of Obama's reign is what might happen to the Supreme Court.  Obama and his followers are salivating for the day when they can add another far left liberal to the bench.

The court is now evenly split between conservative and liberal.  4 hard core liberals, 3 consistent conservatives, a middle of the road waffler, and a Chief Justice who seems willing to put his own reputation in the media above the actual law.  This current mix is somewhat balanced, and results in not too many controversial decisions (the absolute horror of Obamacare being a notable exception).

Once a judge is apponted to the court, they are there for life, or until they choose to retire.  I am sure there is some mechanism for removing a judge, but it would have to be a VERY unusual circumstance (and I don't think it has ever happened).  When a judge leaves (or dies), the current President gets to nominate a replacement - anyone they want.  The Senate gets to sit in judgement of that nominee and approve or disapprove of them.  Rarely does a candidate fail to pass the Senate review - especially when the Senate belongs to the President's Party.

So, if an opening on the Court happens in the next four years, Obama is going to choose another hard core liberal to fill it, and the Senate will confirm the selection.  If that judge is replacing one of the conservative judges, the court will become a hard left wing rubber stamp for Obama's policies.  Liberals may disagree with that, but look at the history - tell me ONE example of a case where a liberal judge sided with the conservatives on anything approaching a controversial case.  If we end up with 5 liberals on the bench, we might as well shut the court down and save the money spent to operate it - since every decision will be rendered before the cases are even heard.

Here's who is sitting on the bench right now:

Chief Justice John Roberts.  Appointed by George W. Bush.  Thought to have been a consistent conservative, until he sided with liberals on Obamacare.  His vote on any specific case is unpredictable.  57 years old, appointed to the bench in 2005.

Justice Antonin Scalia.  Appointed by Ronald Reagan.  Consistently conservative.  Predictably conservative votes on almost all cases.  76 years old, appointed to the bench in 1986.

Justice Anthony Kennedy.  Appointed by Ronald Reagan.  Kennedy is regarded as the one true swing vote on the court, he can't be predicted to land on one side or the other on any case.  78 years old, appointed to the bench in 1988. 

Justice Clarence Thomas.  Appointed by George H. W. Bush.  Consistently conservative.  Predictably conservative votes on almost all cases.  Considered by most to the be most conservative member  of the court.  64 years old, appointed to the bench in 1991.

Justice Samuel Alito.  Appointed by George W. Bush.  For the most part conservative, though not as much as he indicated he would be during his Senate hearings.  62 years old, appointed to the bench in 2006.

Justice Stephen Breyer.  Appointed by Bill Clinton.  Consistently liberal.  Predictable liberal vote on almost all cases.  74 years old, appointed to the bench in 1994. 

Justice Ruth Ginsburg.  Appointed by Bill Clinton.  Staunch liberal.  Predictable liberal vote on almost all cases.  79 years old, appointed to the bench in 1993. 

Justice Sonia Sotomayor.  Appointed by Barack Obama.  Staunch liberal.  Predictable liberal vote on all cases.  58 years old, appointed to the bench in 2009.

Justice Elena Kagan.  Appointed by Barack Obama.  Staunch liberal, was Obama's White House lawyer and a staff lawyer for Bill Clinton.  No judicial experience whatsoever.  Predictable liberal vote on all issues and cases.  52 years old, appointed to the bench in 2010. 

Pundits have predicted there may be as many as three retirements during Obama's second term, due to age.

If  (age 76) Scalia retires, Obama scores a coup.  He will replace one of the most conservative judges, and tilt the court to the far left.

If  (age 79) Ginsburg goes, it is a push.  One liberal will be replaced with another.

If  (age 74) Breyer hangs it up, it is also a push - liberal for liberal.

So, for conservatives, we have to hope and pray that Antonin Scalia holds on for another 4 years, to prevent us from being saddled with a far left Supreme Court.  Justice Scalia has recently written a book.  During his press tour for the book, he hinted strongly that he is getting to the point of wanting to retire.

For liberals, replacing Scalia would be akin to hitting the jackpot.  Likewise, dumping Ginsburg and Breyer would be very desirable - replacing old liberals with younger liberals would guarantee those seats will remain liberal for many years to come.

Justice Scalia ... for the sake of our country and the conservative principles you have so strongly supported ... PLEASE DON'T GO!

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