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Old 07-07-2014, 03:00 PM  
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H.W. Appointee: SCOTUS Should STFU

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Richard George Kopf is a federal judge in Nebraska's U.S. District Court. He was appointed by George H.W. Bush in 1992, and he's been running a personal blog called Hercules and the Umpire for about a year. In one recent post, he told the Supreme Court to shut the **** up.

The closing of the post, titled "Remembering Alexander Bickel's passive virtues and the Hobby Lobby cases," reads:

Next term is the time for the Supreme Court to go quiescent–this term and several past terms has proven that the Court is now causing more harm (division) to our democracy than good by deciding hot button cases that the Court has the power to avoid. As the kids says, it is time for the Court to stfu.

Kopf links to an Urban Dictionary definition in case his meaning isn't clear.

1) Acronym used for the phrase "shut the **** up" for efficiency reasons.

Please stfu because I am trying to read.

The judge takes issue with the Court's decision to hear the Hobby Lobby case at all, arguing that it should ignore very controversial cases when it can. He elaborates:

The Hobby Lobby cases illustrate why the Court ought to care more about Alexander Bickel's "passive virtues"–that is, not deciding highly controversial cases (most of the time) if the Court can avoid the dispute.** What would have happened if the Supreme Court simply decided not to take the Hobby Lobby cases? What harm would have befallen the nation? What harm would have befallen Hobby Lobby family members who would have been free to express their religious beliefs as real persons? Had the Court sat on the sidelines, I don't think any significant harm would have occurred. The most likely result is that one or more of the political branches of government would have worked something out. Or not. In any event, out of well over 300 million people, who would have cared if the law in different Circuits was different or the ACA's contraception mandate was up in the air?

Anyone who disagrees can gtfo, tbh.
http://gawker.com/federal-judge-tell...bby-1601146318
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Old 07-07-2014, 03:04 PM   #2
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cosmo is outraged by this person he's never heard of before.
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Old 07-07-2014, 03:10 PM   #3
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Originally Posted by blaise View Post
cosmo is outraged by this person he's never heard of before.
Point
















Your head
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Old 07-07-2014, 03:13 PM   #4
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Ha...sounds like he could be any one of us here in DC on CP.
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Old 07-07-2014, 03:25 PM   #5
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Oh, Cave Johnson doesn't like cosmo's little line.
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Old 07-07-2014, 03:58 PM   #6
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So left-leaning Bush appointment takes a left-leaning pov. Nothing new here..
His opinion doesn't count since he wasn't appointed to the SC.

I'd like to know his position on the ACA—which was a controversial case too.
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Old 07-07-2014, 04:06 PM   #7
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Old 07-07-2014, 04:08 PM   #8
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I wonder if Pittsie thinks the SCOTUS should have stayed out of Brown vs The Board of Education.

BTW, I think this guy's opinion (no, I don't mean Pittsie) has some merit. It would be best if the people, through their political representatives, could achieve a resolution on it.
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Old 07-07-2014, 04:19 PM   #9
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Quote:
Originally Posted by BucEyedPea View Post
So left-leaning Bush appointment takes a left-leaning pov. Nothing new here..
His opinion doesn't count since he wasn't appointed to the SC.

I'd like to know his position on the ACA—which was a controversial case too.
I don't think he's saying the decision is wrong. I think he's looking at it through a more institutional lens, where the contentious social issues of the day ought to be setlled politically as much as possible before resorting to the heavy hand of 5 black-robed demigods.

Decisions like this, especially when they're 5-4 with bitter dissent, undermine the court's moral authority.
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Old 07-07-2014, 05:38 PM   #10
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Old 07-07-2014, 05:44 PM   #11
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Quote:
Originally Posted by patteeu View Post
I don't think he's saying the decision is wrong. I think he's looking at it through a more institutional lens, where the contentious social issues of the day ought to be setlled politically as much as possible before resorting to the heavy hand of 5 black-robed demigods.

Decisions like this, especially when they're 5-4 with bitter dissent, undermine the court's moral authority.
When you have an executive branch that continually disregards the separation of powers, the judiciary has the unfortunate responsibility of checking them. It's not the court's fault that the constitutional lecturer doesn't know the constitution...
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Old 07-07-2014, 05:56 PM   #12
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Originally Posted by Cochise View Post
When you have an executive branch that continually disregards the separation of powers, the judiciary has the unfortunate responsibility of checking them. It's not the court's fault that the constitutional lecturer doesn't know the constitution...
Obama's actions definitely put unnecessary and regrettable strain on our constitutional system.
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Old 07-07-2014, 07:03 PM   #13
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Quote:
Originally Posted by Cochise View Post
When you have an executive branch that continually disregards the separation of powers, the judiciary has the unfortunate responsibility of checking them. It's not the court's fault that the constitutional lecturer doesn't know the constitution...


But it FEELS like a lot more because the conservative media bubble blows a gasket every time. And perception is reality right?
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Old 07-07-2014, 07:07 PM   #14
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Quote:
Originally Posted by suzzer99 View Post


But it FEELS like a lot more because the conservative media bubble blows a gasket every time. And perception is reality right?
'You can have 100s of male friends and still be straight, but if you suck one cock . . '

A numerical comparison of executive orders is worthless.
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Old 07-07-2014, 07:25 PM   #15
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Originally Posted by suzzer99 View Post


But it FEELS like a lot more because the conservative media bubble blows a gasket every time. And perception is reality right?
The left wing is full of fools who fall for this kind of argument. DU is full of them.
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