Author Topic: Brett Kava - Not Too Bad of a Pick  (Read 2940 times)

0 Members and 1 Guest are viewing this topic.

Offline Yard Dog

  • Baller on a Budget
  • Katpak'r
  • ***
  • Posts: 2468
  • I am DC Cat
    • View Profile
Brett Kava - Not Too Bad of a Pick
« on: July 10, 2018, 04:19:18 PM »
I like this one. Would be interested to hear the diverse opinion on Trump's second Supreme Court nomination.


(Want to get rid of the ad? Register now for free!)

Offline Rage Against the McKee

  • Pak'r Élitaire
  • ****
  • Posts: 37099
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #1 on: July 10, 2018, 04:22:53 PM »
I don't like him.

Offline Yard Dog

  • Baller on a Budget
  • Katpak'r
  • ***
  • Posts: 2468
  • I am DC Cat
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #2 on: July 10, 2018, 04:27:53 PM »
I don't like him.

Feel free to expound on that thought. All I have heard so far against him is that he will eliminate Roe V Wade even though nothing he has done in his time as judge would allude to that outcome. The basis for that thought is that he is a Catholic and because Trump picked him / Trump promised to overturn Roe V Wade on the campaign trail. He is very qualified and seems to actually be a really good human being. But maybe there is something I am missing?

Offline Rage Against the McKee

  • Pak'r Élitaire
  • ****
  • Posts: 37099
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #3 on: July 10, 2018, 04:47:20 PM »
I don't like him.

Feel free to expound on that thought. All I have heard so far against him is that he will eliminate Roe V Wade even though nothing he has done in his time as judge would allude to that outcome. The basis for that thought is that he is a Catholic and because Trump picked him / Trump promised to overturn Roe V Wade on the campaign trail. He is very qualified and seems to actually be a really good human being. But maybe there is something I am missing?

He believes ISPs have the right to block or edit content of websites under the first amendment.

Offline catastrophe

  • Pak'r Élitaire
  • ****
  • Posts: 15222
    • View Profile
Brett Kava - Not Too Bad of a Pick
« Reply #4 on: July 10, 2018, 05:10:25 PM »
Does anyone think the constitution prohibits ISPs from doing that? Or are you saying he believes a law preventing them from doing so (I guess net neutrality) is unconstitutional?

Offline Rage Against the McKee

  • Pak'r Élitaire
  • ****
  • Posts: 37099
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #5 on: July 10, 2018, 06:31:45 PM »
Does anyone think the constitution prohibits ISPs from doing that? Or are you saying he believes a law preventing them from doing so (I guess net neutrality) is unconstitutional?

He believes net neutrality is unconstitutional.

Offline Yard Dog

  • Baller on a Budget
  • Katpak'r
  • ***
  • Posts: 2468
  • I am DC Cat
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #6 on: July 11, 2018, 11:46:33 AM »
Source is conservative, but here is a collection of the liberal response to the SCOTUS nomination.

https://www.allsides.com/news/2018-07-10-0817/outrage-overload-how-liberals-went-berserk-over-trumps-scotus-nominee

Offline Fake Sugar Dick (WARNING, NOT THE REAL SUGAR DICK!)

  • Racist Piece of Shit
  • Pak'r Élitaire
  • ****
  • Posts: 18431
  • Kiss my ass and suck my dick
    • View Profile
    • I am the one and only Sugar Dick
Re: Brett Kava - Not Too Bad of a Pick
« Reply #7 on: July 11, 2018, 08:54:40 PM »
Libtards want facebook and twitter and Instagram to block content  :dunno:
goEMAW Karmic BBS Shepherd

Offline sys

  • Contributor
  • Pak'r Élitaire
  • *****
  • Posts: 40524
  • your reputation will never recover, nor should it.
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #8 on: July 12, 2018, 09:02:54 AM »
he's probably no worse than any of the others.  but the last part here is some giant bullshit.


https://twitter.com/jbouie/status/1017205583538159617
"experienced commanders will simply be smeared and will actually go to the meat."

Offline Yard Dog

  • Baller on a Budget
  • Katpak'r
  • ***
  • Posts: 2468
  • I am DC Cat
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #9 on: July 12, 2018, 09:13:14 AM »
he's probably no worse than any of the others.  but the last part here is some giant bullshit.


https://twitter.com/jbouie/status/1017205583538159617

These types of comments are tough to take at face value without seeing his words in context. It is similar to liberals saying that any conservative "hates women" and "don't think women deserve good health care".

Troubling if that is his true belief, but something tells me whatever he said was more nuanced and in turn may not mean this at all.

Offline Rage Against the McKee

  • Pak'r Élitaire
  • ****
  • Posts: 37099
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #10 on: July 12, 2018, 09:24:31 AM »
Yeah, Donald Trump would never appoint somebody who wasn't supremely qualified for a position. This guy is probably going to be great.

Offline Yard Dog

  • Baller on a Budget
  • Katpak'r
  • ***
  • Posts: 2468
  • I am DC Cat
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #11 on: July 12, 2018, 09:43:58 AM »
Yeah, Donald Trump would never appoint somebody who wasn't supremely qualified for a position. This guy is probably going to be great.

I see where you would think that, but he is actually very qualified. If he wasn't tipping the balance of the court I don't think you would be hearing as much outrage. His opinions might not all line up with your views, but his pedigree is top notch.

Offline ChiComCat

  • Chawbacon
  • Contributor
  • Pak'r Élitaire
  • *****
  • Posts: 17593
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #12 on: July 12, 2018, 10:11:57 AM »
Yeah, Donald Trump would never appoint somebody who wasn't supremely qualified for a position. This guy is probably going to be great.

I see where you would think that, but he is actually very qualified. If he wasn't tipping the balance of the court I don't think you would be hearing as much outrage. His opinions might not all line up with your views, but his pedigree is top notch.

This is a ridiculous standard.  The public should be worried about a Supreme Court Justice's opinions, not praising the president for naming someone qualified.  For any other president, a qualified candidate would be a given.  How much credit should Trump get for not naming Judge Judy?

Offline K-S-U-Wildcats!

  • Pak'r Élitaire
  • ****
  • Posts: 10040
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #13 on: July 12, 2018, 11:10:22 AM »
I hear the words "balance" and "swing vote" being bantered about a lot, including in this thread, as if that is of any significance whatsoever. These words suggest that there is some sort of equivalence between the activist "living constitution" justices who rule based upon desired outcome, and the originalist / textualist justices who rule based upon what the law actually says and, in the case of ambiguity, upon the intent of the drafters.

Those aren't the same thing. The Court isn't supposed to be divided between "liberal justices" and "conservative justices." This is not the legislature. The Court should have nine men and women who impartially interpret the law based upon what it says and what the drafters intended, not invent law based upon ideology.

https://www.washingtonexaminer.com/opinion/a-balanced-supreme-court-isnt-the-point
I've said it before and I'll say it again, K-State fans could have beheaded the entire KU team at midcourt, and K-State fans would be celebrating it this morning.  They are the ISIS of Big 12 fanbases.

Offline ChiComCat

  • Chawbacon
  • Contributor
  • Pak'r Élitaire
  • *****
  • Posts: 17593
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #14 on: July 12, 2018, 11:13:13 AM »
I hear the words "balance" and "swing vote" being bantered about a lot, including in this thread, as if that is of any significance whatsoever. These words suggest that there is some sort of equivalence between the activist "living constitution" justices who rule based upon desired outcome, and the originalist / textualist justices who rule based upon what the law actually says and, in the case of ambiguity, upon the intent of the drafters.

Those aren't the same thing. The Court isn't supposed to be divided between "liberal justices" and "conservative justices." This is not the legislature. The Court should have nine men and women who impartially interpret the law based upon what it says and what the drafters intended, not invent law based upon ideology.

https://www.washingtonexaminer.com/opinion/a-balanced-supreme-court-isnt-the-point

So a balanced court shouldn't be the goal, but the goal should be a group of justices that agree with you :thumbs:

Offline catastrophe

  • Pak'r Élitaire
  • ****
  • Posts: 15222
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #15 on: July 12, 2018, 01:17:18 PM »
Yeah, Donald Trump would never appoint somebody who wasn't supremely qualified for a position. This guy is probably going to be great.

I see where you would think that, but he is actually very qualified. If he wasn't tipping the balance of the court I don't think you would be hearing as much outrage. His opinions might not all line up with your views, but his pedigree is top notch.

This is a ridiculous standard.  The public should be worried about a Supreme Court Justice's opinions, not praising the president for naming someone qualified.  For any other president, a qualified candidate would be a given.  How much credit should Trump get for not naming Judge Judy?

Sure, people can have their own thoughts and opinions as to whether a certain SCOTUS appointment is good for the country, but qualification is not the issue here.  That was YD's point.  Trump has done exactly what any republican president would have done when it comes to SCOTUS appointments.

Offline K-S-U-Wildcats!

  • Pak'r Élitaire
  • ****
  • Posts: 10040
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #16 on: July 12, 2018, 04:37:34 PM »
I hear the words "balance" and "swing vote" being bantered about a lot, including in this thread, as if that is of any significance whatsoever. These words suggest that there is some sort of equivalence between the activist "living constitution" justices who rule based upon desired outcome, and the originalist / textualist justices who rule based upon what the law actually says and, in the case of ambiguity, upon the intent of the drafters.

Those aren't the same thing. The Court isn't supposed to be divided between "liberal justices" and "conservative justices." This is not the legislature. The Court should have nine men and women who impartially interpret the law based upon what it says and what the drafters intended, not invent law based upon ideology.

https://www.washingtonexaminer.com/opinion/a-balanced-supreme-court-isnt-the-point

So a balanced court shouldn't be the goal, but the goal should be a group of justices that agree with you :thumbs:

I think everyone should at least be able to agree that judges ought to be interpreting the law impartially, based first and foremost on the text, without regard to desired outcome. Impartial judgment is sort of the cornerstone of our justice system. We should all be able to agree that our Constitution deliberately divided power among three branches and reserved the power to make law to the Legislature.

This isn't controversial stuff, or it shouldn't be. Somehow liberals are shocked by this. They are waking up with a massive hangover, realizing that they may not be able to rely upon judges to advance their policies and instead need to go through the ordinary legislative channels.
I've said it before and I'll say it again, K-State fans could have beheaded the entire KU team at midcourt, and K-State fans would be celebrating it this morning.  They are the ISIS of Big 12 fanbases.

Offline Spracne

  • Point Plank'r
  • Pak'r Élitaire
  • *
  • Posts: 21430
  • Scholar/Gentleman, But Super Earthy/Organic
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #17 on: July 12, 2018, 04:50:09 PM »
I hear the words "balance" and "swing vote" being bantered about a lot, including in this thread, as if that is of any significance whatsoever. These words suggest that there is some sort of equivalence between the activist "living constitution" justices who rule based upon desired outcome, and the originalist / textualist justices who rule based upon what the law actually says and, in the case of ambiguity, upon the intent of the drafters.

Those aren't the same thing. The Court isn't supposed to be divided between "liberal justices" and "conservative justices." This is not the legislature. The Court should have nine men and women who impartially interpret the law based upon what it says and what the drafters intended, not invent law based upon ideology.

https://www.washingtonexaminer.com/opinion/a-balanced-supreme-court-isnt-the-point

So a balanced court shouldn't be the goal, but the goal should be a group of justices that agree with you :thumbs:

I think everyone should at least be able to agree that judges ought to be interpreting the law impartially, based first and foremost on the text, without regard to desired outcome. Impartial judgment is sort of the cornerstone of our justice system. We should all be able to agree that our Constitution deliberately divided power among three branches and reserved the power to make law to the Legislature.

This isn't controversial stuff, or it shouldn't be. Somehow liberals are shocked by this. They are waking up with a massive hangover, realizing that they may not be able to rely upon judges to advance their policies and instead need to go through the ordinary legislative channels.

It's very easy for someone like you or I to hide behind this shield, since we don't belong to any groups that have historically suffered from animus and political powerlessness. Here's the truth: The machinery of democracy does not result in all people being regarded equally under the law. That's because we are a country filled with shitheads, and their representatives need their votes. I take it you disagree with the Supreme Court deciding to operate as a bulwark against the tyranny of the majority--a project it has engaged in for 100 years. I, however, have come to accept that it is good and necessary within certain boundaries.

Offline K-S-U-Wildcats!

  • Pak'r Élitaire
  • ****
  • Posts: 10040
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #18 on: July 12, 2018, 06:02:56 PM »
I hear the words "balance" and "swing vote" being bantered about a lot, including in this thread, as if that is of any significance whatsoever. These words suggest that there is some sort of equivalence between the activist "living constitution" justices who rule based upon desired outcome, and the originalist / textualist justices who rule based upon what the law actually says and, in the case of ambiguity, upon the intent of the drafters.

Those aren't the same thing. The Court isn't supposed to be divided between "liberal justices" and "conservative justices." This is not the legislature. The Court should have nine men and women who impartially interpret the law based upon what it says and what the drafters intended, not invent law based upon ideology.

https://www.washingtonexaminer.com/opinion/a-balanced-supreme-court-isnt-the-point

So a balanced court shouldn't be the goal, but the goal should be a group of justices that agree with you :thumbs:

I think everyone should at least be able to agree that judges ought to be interpreting the law impartially, based first and foremost on the text, without regard to desired outcome. Impartial judgment is sort of the cornerstone of our justice system. We should all be able to agree that our Constitution deliberately divided power among three branches and reserved the power to make law to the Legislature.

This isn't controversial stuff, or it shouldn't be. Somehow liberals are shocked by this. They are waking up with a massive hangover, realizing that they may not be able to rely upon judges to advance their policies and instead need to go through the ordinary legislative channels.

It's very easy for someone like you or I to hide behind this shield, since we don't belong to any groups that have historically suffered from animus and political powerlessness. Here's the truth: The machinery of democracy does not result in all people being regarded equally under the law. That's because we are a country filled with shitheads, and their representatives need their votes. I take it you disagree with the Supreme Court deciding to operate as a bulwark against the tyranny of the majority--a project it has engaged in for 100 years. I, however, have come to accept that it is good and necessary within certain boundaries.

That bulwark against legislative tyranny of the majority is called the Constitution, you dumbshit. :facepalm: But the Constitution has its limits and judges don’t get to just concoct new rights to mete out their version of social justice.
I've said it before and I'll say it again, K-State fans could have beheaded the entire KU team at midcourt, and K-State fans would be celebrating it this morning.  They are the ISIS of Big 12 fanbases.

Offline Spracne

  • Point Plank'r
  • Pak'r Élitaire
  • *
  • Posts: 21430
  • Scholar/Gentleman, But Super Earthy/Organic
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #19 on: July 12, 2018, 07:03:48 PM »
I hear the words "balance" and "swing vote" being bantered about a lot, including in this thread, as if that is of any significance whatsoever. These words suggest that there is some sort of equivalence between the activist "living constitution" justices who rule based upon desired outcome, and the originalist / textualist justices who rule based upon what the law actually says and, in the case of ambiguity, upon the intent of the drafters.

Those aren't the same thing. The Court isn't supposed to be divided between "liberal justices" and "conservative justices." This is not the legislature. The Court should have nine men and women who impartially interpret the law based upon what it says and what the drafters intended, not invent law based upon ideology.

https://www.washingtonexaminer.com/opinion/a-balanced-supreme-court-isnt-the-point

So a balanced court shouldn't be the goal, but the goal should be a group of justices that agree with you :thumbs:

I think everyone should at least be able to agree that judges ought to be interpreting the law impartially, based first and foremost on the text, without regard to desired outcome. Impartial judgment is sort of the cornerstone of our justice system. We should all be able to agree that our Constitution deliberately divided power among three branches and reserved the power to make law to the Legislature.

This isn't controversial stuff, or it shouldn't be. Somehow liberals are shocked by this. They are waking up with a massive hangover, realizing that they may not be able to rely upon judges to advance their policies and instead need to go through the ordinary legislative channels.

It's very easy for someone like you or I to hide behind this shield, since we don't belong to any groups that have historically suffered from animus and political powerlessness. Here's the truth: The machinery of democracy does not result in all people being regarded equally under the law. That's because we are a country filled with shitheads, and their representatives need their votes. I take it you disagree with the Supreme Court deciding to operate as a bulwark against the tyranny of the majority--a project it has engaged in for 100 years. I, however, have come to accept that it is good and necessary within certain boundaries.

That bulwark against legislative tyranny of the majority is called the Constitution, you dumbshit. :facepalm: But the Constitution has its limits and judges don’t get to just concoct new rights to mete out their version of social justice.


The Constitution is the bulwark, and it is precisely the role of the judiciary to interpret it. Chief Justice Marshall in 1803:
Quote
It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the Courts must decide on the operation of each.

So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the Court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the Court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.

I'm assuming you've read the Constitution, so you know that it's remarkably brief. Again, Marshall also writing in Marbury: "In considering this question, then, we must never forget that it is a constitution we are expounding." Many modern constitutions are remarkably long and indeed attempt to codify with specificity the precise boundaries of acceptable government action. Ours--the oldest written constitution--does not. Instead, the Framers used broad strokes to secure rough justice while leaving room for future generations to smooth out the contours. It doesn't bear the hallmarks of technical, statutory law--either then or now. It is written in plain English. Edmund Randolph, who was present at the constitutional convention and provided the framework for the first draft, wrote:

Quote
In the draught of a fundamental constitution, two things deserve attention:
1. To insert essential principles only; lest the operations of government should be clogged by rendering those provisions permanent and unalterable, which ought to be accommodated to times and events: and
2. To use simple and precise language, and general propositions, according to the example of the several constitutions of the several states. For the construction of a constitution necessarily differs from that of law...

Your boy Thomas Jefferson wrote in an 1816 letter:

Quote
But I know also, that laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths disclosed, and manners and opinions change with the change of circumstances, institutions must advance also, and keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy, as civilized society to remain ever under the regimen of their barbarous ancestors.

Oliver Wendell Homes in Missouri v. Holland (1920):

Quote
With regard to that we may add that when we are dealing with words that also are a constituent act, like the Constitution of the United States, we must realize that they have called into life a being the development of which could not have been foreseen completely by the most gifted of its begetters. It was enough for them to realize or to hope that they had created an organism; it has taken a century and has cost their successors much sweat and blood to prove that they created a nation. The case before us must be considered in the light of our whole experience and not merely in that of what was said a hundred years ago. The treaty in question does not contravene any prohibitory words to be found in the Constitution. The only question is whether (the statute) is forbidden by some invisible radiation from the general terms of the Tenth Amendment. We must consider what this country has become in deciding what that amendment has reserved.

James Madison, responsible for penning the final draft of the Constitution, wrote concurrently:

Quote
If the meaning of the text be sought in the changeable meaning of the words composing it, it is evident that the shape and attributes of the Government must partake of the changes to which the words and phrases of all living languages are constantly subject. What a metamorphosis would be produced in the code of law if all its ancient phraseology were to be taken in its modern sense.

The Constitution mentions in broad terms things like "freedom of speech," "right of the people to be secure," "due process of law," "right to a speedy and public trial," right to "assistance of counsel," "excessive bail," "excessive fines," "cruel and unusual punishment," and that's just a sampling from the first eight Amendments. Those terms aren't defined. They are intentionally vague to leave room for judgment. They weren't stupid. They were aware that they were drafting a constitution--not a treatise or statute.


Offline K-S-U-Wildcats!

  • Pak'r Élitaire
  • ****
  • Posts: 10040
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #20 on: July 12, 2018, 08:07:21 PM »
Nobody, including me, is reading your blather. Nobody, including me, is impressed that that you can crib excerpts from your conlaw notes. If you want to believe that the “living Constitution” judicial philosophy is good, knock yourself out.
I've said it before and I'll say it again, K-State fans could have beheaded the entire KU team at midcourt, and K-State fans would be celebrating it this morning.  They are the ISIS of Big 12 fanbases.

Offline star seed 7

  • hyperactive on the :lol:
  • Pak'r Élitaire
  • ****
  • Posts: 64037
  • good dog
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #21 on: July 12, 2018, 08:12:21 PM »
I read it  :dunno:
Hyperbolic partisan duplicitous hypocrite

Offline Spracne

  • Point Plank'r
  • Pak'r Élitaire
  • *
  • Posts: 21430
  • Scholar/Gentleman, But Super Earthy/Organic
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #22 on: July 12, 2018, 08:58:41 PM »
Nobody, including me, is reading your blather. Nobody, including me, is impressed that that you can crib excerpts from your conlaw notes. If you want to believe that the “living Constitution” judicial philosophy is good, knock yourself out.

Listen son, you raised this issue into this thread. If you're unable to defend it, then tap out noted. Such a lazy thinker...

Offline mocat

  • Pak'r Élitaire
  • ****
  • Posts: 39158
    • View Profile
Re: Brett Kava - Not Too Bad of a Pick
« Reply #23 on: July 12, 2018, 09:50:36 PM »
Nobody, including me, is reading your blather. Nobody, including me, is impressed that that you can crib excerpts from your conlaw notes. If you want to believe that the “living Constitution” judicial philosophy is good, knock yourself out.

Wow

Offline sys

  • Contributor
  • Pak'r Élitaire
  • *****
  • Posts: 40524
  • your reputation will never recover, nor should it.
    • View Profile
"experienced commanders will simply be smeared and will actually go to the meat."