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Old 10-31-2005, 08:14 PM   #61
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Originally posted by Bluer White
It's a double standard, that's all. Hopefully democracy wins out and there will be a swift up or down vote for Alito, rather than a filibuster.

Hopefully democracy wins out and there is a proper investigation of the flawed Diebold-administered voting process that led to the 2004 election 'results'.
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Old 10-31-2005, 08:18 PM   #62
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Hopefully democracy wins out and there is a proper investigation of the flawed Diebold-administered voting process that led to the 2004 election 'results'.
While it may never be known, I find it ridiculous that there is no paper trail for manual recounts with these machines. Diebold was lying through its teeth when it said it wasn't possible. They've made millions of bank ATMs around the nation, and all of them have paper trails. If banks had to rely solely on the accuracy of computers, they'd probably rack up substantial losses.

But when the CEO of Diebold is an extreme far-right Christian (even further to the right than fundamentalist Christians) and publically stated that he'd ensure victory for Bush, what do you expect?

Melon
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Old 10-31-2005, 08:23 PM   #63
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Originally posted by melon
While it may never be known, I find it ridiculous that there is no paper trail for manual recounts with these machines. Diebold was lying through its teeth when it said it wasn't possible. They've made millions of bank ATMs around the nation, and all of them have paper trails. If banks had to rely solely on the accuracy of computers, they'd probably rack up substantial losses.

But when the CEO of Diebold is an extreme far-right Christian (even further to the right than fundamentalist Christians) and publically stated that he'd ensure victory for Bush, what do you expect?

Melon

Melon I agree with you. And I have done audits of voting processes for an AGM of a large company, so I know something about the auditing processes, and what is considered best practice. And based on what I've read, I wouldn't consider Diebold to represent best practice, at least in respect of their electoral vote machines.

ANY such process should have a manual trail. It might not always be necessary to appeal to it, but it's not rocket science to have it.
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Old 11-01-2005, 08:33 AM   #64
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Yes, I can't imagine why anyone would object to family leave - I'd be interested in reading his rationale for that one
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Old 11-01-2005, 10:32 AM   #65
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Yes, I can't imagine why anyone would object to family leave - I'd be interested in reading his rationale for that one
I would also be interested in seeing the full

Absent the judicial history of an opinion, it can be easy to mischaracterize a judicial ruling.

For example, if the question before the court is "Does the state constitution require family leave?" While the legal answer may be no, it can be simply characterized as "being against" family leave.

The same mischaracterization can happen when a judge articulates one side of a balancing test.
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Old 11-01-2005, 10:53 AM   #66
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at this point, while i am saddened that the SCOTUS looks more and more like a country club, i don't think Alito is an unreasonable pick. i might disagree with him; i might fear what he could do to the rights of women; i might fear how much he will acquiesce to executive power and allow George Bush and Dick Cheney to continue to torture people; however, i don't think he's an unreasonable pick for an unabashadly big government, high spending social conservative like W to have picked. the Miers nomination was silly. a political brain fart. this man is emminently "qualified," and at the end of the day, i am less concerned about what his rulings are and more about how those rulings came to be.

i am both excited for and fear the culture war "armageddon" that's being predicted. i feel as if the Left (for lack of a better word) has always been on the right side of history when it comes to social issues, and that there are elements on the Right (for lack of a better word) that really want to pull the country back to a 19th century economic model and a 13th century social worldview.

with a 55 to 44 Republican advantage in Congress, it doesn't look good for the Left, even if they win the support of the public -- and it seems likely that they will, a strong majority of Americans support abortion rights, affirmative action in some capacity, and are increasingly warming to the idea of gays and lesbians as actual human beings. these are the sexy issues, though. we should be more concerned, i think, with how Alito will measure up on First Amendment rights, federalism, the extent of the powers of the executive branch in "wartime" (which, as bush has said, will last pretty much for ever in our vague, vauge, vauge War on Terror), etc.

to the Left, i say, while you are right, you've got to start winning elections.

fight back. stand up for something.
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Old 11-01-2005, 11:57 AM   #67
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Good to see that Bush got a second chance, and that he nominated a qualified judge this time. It had me worried to death to see Chuck Schumer celebrating over Miers' nomination, whereas in Miguel Estrada's case (nom. for United States Circuit Court of Appeals), he pulled his old tricks with his Catholic bashing and succeeded in striking him down. Ted Kennedy? Outrageous as well. Robert Bork was a believer in judicial restraint. Yet, we got this gem of falsehoods from Ted: "Robert Bork's America is a land in which women would be forced into back-alley abortions, blacks would sit at segregated lunch counters, rogue police would break down citizens' doors in midnight raids, children would not be taught about evolution." I expect more character assassinations to come from these two rowdy senators. The right is smart to pick a fight with the hard left pack of senators that will blow it out of proportion over one issue (abortion). The publicity that will result will not be good for the left. It's about time the conservatives made some noise about Ginsburg, who swam through the senate without a scratch.

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Quote:
Originally posted by Irvine511
i don't think Alito is an unreasonable pick.... the Miers nomination was silly. a political brain fart. this man is emminently "qualified," and at the end of the day, i am less concerned about what his rulings are and more about how those rulings came to be.
I agree. It was cronyism, she's Bush's personal lawyer. No experience as a judge.

Quote:
Originally posted by Irvine511
i might disagree with him; i might fear what he could do to the rights of women;
Is this ALL about abortion, or are we leaving the "women's rights" smokescreen behind?

Quote:
Originally posted by Irvine511
i am both excited for and fear the culture war "armageddon" that's being predicted. i feel as if the Left (for lack of a better word) has always been on the right side of history when it comes to social issues, and that there are elements on the Right (for lack of a better word) that really want to pull the country back to a 19th century economic model and a 13th century social worldview.
I argue that the capitalist system has evolved for the better since the 19th century, and that the war on fiscal policy has strenghthened conservatives overall (minus Bush's excessive discretionary spending), and "moderate" liberals like Clinton. As far as "13th century social worldview", I could really use some examples.

Quote:
Originally posted by Irvine511
to the Left, i say... stand up for something.
And make that something other than judicial filibusters.
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Old 11-02-2005, 10:16 AM   #68
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[q]Backers of Supreme Court nominee Sam Alito tout his 30-year paper trail as a judge and government lawyer -- lots for senators to work with deciding whether to confirm him. But our Post colleague Juliet Eilperin discovered a crucial missing piece in the Alito record: his undergraduate thesis.

Eilperin tasked Princeton University senior Alyson Zureick with tracking down the paper, a requirement for all graduating students. (Yeah, we know, we're glad we're not Supreme Court nominees either. . .) Alito's topic was Italy's Constitutional Court. But when Zureick went to the campus library . . . it was nowhere to be found! Proof of the right-wing conspiracy? Or the left-wing one? University archivist Daniel J. Linke said a mid-1980s survey found nearly 300 theses missing, "Alito's among them, unfortunately." The 55-year-old Alito graduated in 1972.

His thesis adviser, professor emeritus Walter Murphy, put out a statement praising his former student and whacking the president who hopes to put him on the nation's highest court: "I confess surprise that a man so dreadfully intellectually and morally challenged as George W. Bush would want a person as intellectually gifted, independent and morally principled as Sam Alito on the bench." Oh, those Princeton Tigers! Never a kind word about Yalies!

http://www.washingtonpost.com/wp-dyn...110200263.html

[/q]
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Old 11-02-2005, 07:20 PM   #69
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A lot of hard-core liberals that have dealt with him professionally have all said very positive things about him. I have to wonder whether the "Scalito" moniker was more to trick the Religious Right into liking him than into scaring the Left.

I'll be interested to know the results of his Senate hearings, although anyone appointed by Bush has a habit of making those incredibly worthless.

Melon
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Old 11-03-2005, 09:18 AM   #70
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does anyone really believe it when anyone says they won't have an agenda or be an activist? don't they all say that?


Democratic Sen. Ben Nelson Praises Alito

By JESSE J. HOLLAND, Associated Press WriterWed Nov 2

A centrist Democratic senator complimented Supreme Court nominee Samuel Alito Wednesday as a jurist who won't "hammer away and chisel away" existing law.

While Sen. Ben Nelson did not endorse President Bush's latest nominee for the high court, he did say he was impressed by what he heard from Alito during his introductory visit.

The Nebraska Democrat, who was Alito's first senatorial host Wednesday, told reporters that he got assurances that Alito would not be "judicial activist" or "take an agenda to the bench" if confirmed to succeed Associate Justice Sandra Day O'Connor, who is retiring.

"He assured me that he wants to go to the bench without a political agenda," said Nelson, one of the founding members of the centrist "Gang of 14" senators who earlier this year worked out a compact aimed at avoiding judicial filibusters except in the direst of circumstances.

Some liberals, pointing to Alito's rulings as a federal appellate court judge on abortion, gun control, the death penalty and other issues have already raised the threat of a filibuster — an attempt to deny the 55-year-old lawyer a yes-or-no vote by the full Senate. Republicans hold 55 seats in the Senate, and while confirmation requires a simple majority, it takes 60 votes to break a filibuster.

Nelson, one of the 14 centrist senators that Democrats would need to sustain a filibuster, said that Alito "wants to decide each case as it comes before him."

Without the group's seven Republicans, Democrats would not be able to prevent Senate Majority Leader Bill Frist, R-Tenn., from abolishing judicial filibusters and confirming judges with a simple majority vote.
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Old 11-03-2005, 05:42 PM   #71
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The Republican-controlled Senate will begin hearings Jan. 9 on Judge Samuel Alito's appointment to the Supreme Court, spurning President Bush's call for a final confirmation vote before year's end.

"It simply wasn't possible to accommodate the schedule that the White House wanted," Sen. Arlen Specter, R-Pa., chairman of the Senate Judiciary Committee, said late Thursday.
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Old 11-03-2005, 06:34 PM   #72
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this might be something for a whole other thread, but Dan Savage has an interesting proposal, and all you heteros out there might be quite interested in it:



[q]The Right to Privacy—Stick It In!
Posted by DAN SAVAGE at 12:59 PM | permalink | read/post comments

Estelle Griswold is a name that anyone who cares about women's rights, access to birth control, freedom of expression (read: looking at porn in your own home), and gay rights should familiarize themselves with. In a decision in 1965, the Supreme Court overturned Estelle's conviction on charges that she—horrors!—made birth control available to married couples. At the time Connecticut—Connecticut!—had a law agin’ that sort of nonsense, as the state believed it was its job to discourage straight people from havng recreational sex. (Believe it or not, the having of recreational sex used to be a controversial topic. Sex, as many believed and few practiced, was strictly for procreation.)

The Supreme Court struck down that idiotic law, stating that it violated the “right to privacy.” Much flows from Griswold, including 2003’s Lawrence v. Texas, which found that even homos had a right to privacy, and that consensual, private homosexual sex can’t be criminalized. (That was the end of sodomy laws in the U.S.) You can read all about Griswold here.

Problematically, a right to privacy is not explicitly mentioned anywhere in the U.S. Constitution. The majority argued that the right was among the “unenumerated” rights implied by something called the “penumbrus,” which sounds like something that a sodomy law would prevent you from touching with your tongue.

Here we are, decades after Griswold, and social conservatives and liberals are constantly arguing about whether or not the right to privacy, which is a popular right (naturally enough), and one to which most Americans believe they're entitled, is actually a right to which Americans are entitled, constitutionally-speaking. Liberals love it because the RTP underpins our constitutional right to have access to birth control, abortion services, gay sex, porn. Social conservatives hate it for that very reason.

The debate raged when John Roberts was being confirmed (read about here, here, here, and here), and it is raging again as Sam Alito's nomination to the Supreme Court makes its way through the Senate (you can read all about it here, here, here, and here). Is the RTP in there? Or isn’t it?

I find myself wondering why we don’t just put it in there? If the Republicans can propose a constitutional amendment banning gay marriage, can’t the Dems propose a “Right to Privacy” amendment? Since the RTP is popular (unlike the anti-gay marriage amendment), the Dems should put it out there and let the Republicans run around the country explainging why they're against a right to privacy—not a winning position. Then, once it passes, we’ll be spared the debate over whether or not the RTP is in there every time a conservative is nominated to the Supreme Court.

The Right to Privacy Amendment—c’mon, Harry Reid, Barbara Boxer, Ted Kennedy, Patty Murray, Barak Obama! Propose it!

http://www.thestranger.com/blog/arch...05.php#a002173
[/q]
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Old 11-03-2005, 06:49 PM   #73
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I like!
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Old 11-03-2005, 09:35 PM   #74
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does anyone really believe it when anyone says they won't have an agenda or be an activist? don't they all say that?
I agree completely, it's all bullshit. It's only an activist court if they're ruling in favor of things a certain side doesn't support.

interesting point Melon, I'd certainly like it if they were only using the Scalito thing to appease the far Right. The guy is at least well qualified, unlike Lady Palpatine, and I guess you can never really know how they'll turn out...
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Old 11-03-2005, 09:55 PM   #75
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