"[Amy Coney] Barrett believes strongly that it shouldn’t, that justices should rule without worrying about public opinion or who happens to be in the White House. But I tend to think real-world politics constantly tests and limits that ideal. So in our conversation, I’m trying to find those limits and the ways in which even justices devoted to the original meaning of the Constitution have to deal with the highly unusual pressures of right now."
Writes Ross Douthat in the introduction to his podcast, which is an interview with Amy Coney Barrett — "Amy Coney Barrett Is Looking Beyond the Trump Era."
I'll let you listen to that and decide if Douthat got what he said he was pushing for. It's a well-worn road, and I was distracted by the phrase "the highly unusual pressures of right now." It made me think of "the fierce urgency of now." It's always now. Is the pressure of the now that happens to be today's now really so highly unusual? There's too much melodrama!
I began to fritter away precious time thinking of mellower alternatives to "the highly unusual pressures of right now"/"the fierce urgency of now." I thought of: The gentle nudge of somewhat later.
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43 comments:
"It's always now"
truer words, never spoken
The Past is just memories, the Future is just Dreams.
Now is All you've got.
Today is GOD's gift to you.
"It's just Trump and this goddamn highly unusual pressures of right now."
It's always slipping away and yet it won't go away.
I'm struck by the title, "Looking Beyond the Trump Era", since there are potentially more than three years left in the Trump era and possibly 8 more Vance years, which will still likely feel like the Trump Era in many ways. Are they honestly thinking about generations in the future or is it just denialism?
the left cannot manage unless their corrupt party are in power.
The democrats are the kings and queens of power. there is no other choice. you will submit.
The Trump Era? I think, for them, it's a Period.
The amount of litigation against the government interest the Trump administration has no parallel in my baby boomer lifetime. Coupled with USSC use of shadow docket to stay and even reverse lower court opinions.
"Context matters." Always.
Ticking away the moments that make up a dull day
You fritter and waste the hours in an off-hand way
Kicking around on a piece of ground in your home town
Waiting for someone or something to show you the way
"It's always now.
Not in the block universe theory, it's not. (I think it's fair to say that most physicists subscribe to the block universe theory. Me, I am not a fan.)
I imagine it is more difficult for SCOTUS judges to not succumb to political pressure, when Chuck Schumer and Maxine Waters are inciting people to murder them...
The entire purpose of the Constitution and of SCOTUS is to shove the passions of "NOW !" off the puck and focus on the substrate and foundations upon which America was built.
"The street heats the urgency of now
As you see, there's no one around"
Sometimes there’s not enough evidence to judge what the Originalism Answer is. Other times there is no evidence because the framers of the Constitution and its Amendments never mentioned what they thought of issues like gay marriage and transgenderism. The absence of evidence on these types of issues makes the Originalism Answer self evident.
Then there’s the textualism. Whatever “equal protection of the law” means in the 14th Amendment it doesn’t cover the right to vote. That’s why there is a 15th Amendment.
"The amount of litigation against the government interest the Trump administration has no parallel in my baby boomer lifetime. Coupled with USSC use of shadow docket to stay and even reverse lower court opinions."
Readering, as usual, has no theory of cause and effect.
I was distracted by the phrase "the highly unusual pressures of right now."
Translation: the impetus of TDS
PM @12:55, that made me LOL.
Anyway, I thought that there IS no "after Trump." Is he not ushering in his own thousand: year reich?
Readering said...
The amount of dishonest litigation against the government interest the Trump administration has no parallel in my baby boomer lifetime. Coupled with USSC use of shadow docket to stay and even reverse corrupt lower court opinions.
Fixed it for you, Readering
They talk about this stuff in such vague terms, but it really boils down to this: When a conservative is in power, the left wants and expects the judiciary to prevent the conservative from governing. That's the exigency that, in the left's mind (sic, singular) requires justices like ACB to alter their judicial philosophies.
It’s always the arrogance of the “present moment” being so unusual. Funny how the past had no unusual pressures.
Why did that guy puri want to incinerate the red mass
The alexandria shooter
"the highly unusual pressures of right now"/"the fierce urgency of now" is often reduced to the exasperation, "Don't just stand there, do something!" which CAN be beneficial, but I think generally proves that thoughtless action is sub-optimal.
Consider, in cases where such urgent action is required, the expression is not really necessary. Someone who knows what to do, wouldn't just stand around not doing it, and someone who needs to be told to do something, is not likely to know what to do.
"Barrett believes strongly that it shouldn’t, that justices should rule without worrying about public opinion or who happens to be in the White House."
Two words: Lance Ito.
Political congruence ("=")?
Social justice? Anywhere is injustice everywhere.
Twilight faith/fringe?
Pro-Choice, a selective, opportunistic religion?
Liberalism is a philosophy of divergence, without principles.
Let us take a knee and bray, and tomorrow we will entertain a Planned Prerogative to entertain abortive ideation to relieve a "burden" h/t Obama.
"Don't just stand there, do something!" which CAN be beneficial, but I think generally proves that thoughtless action is sub-optimal.
The wonderful outdoor humorist Patrick McManus invented a remedy for this impulse: the Modified Stationary Panic. When you're lost in the woods and feel the urge to panic (or "do something") rising, undertake an MSP instead: the simplest form involves simply running in place and screaming until you're worn out, at which point you stop, and are still, usefully, in the same place where you realized your predicament.
There is also a group form that is a lot like a Russian circle dance, if memory serves.
because the framers of the Constitution and its Amendments never mentioned what they thought of issues like gay marriage and transgenderism. because neither concept even existed, Marriage had two definitions- between a man and a women, or a man and multiple women. Believing on the latter was one of the original bars to immigration- and still should be.
If you went back in time and introduced the two ideas, we can imagine their first reaction would be laughter, and if they realized you were seriously advocating for either- well, asylums were just starting up for people like you.
The newly discovered right to SSM was wrongly decided because there was but one definition of marriage accepted by the founders- one man, one woman. Homosexuality was a death penalty offense in all the original 13 states.
… the highly unusual pressures of right now.
When is right now not “highly unusual”? What a crock
"The gentle nudge of somewhat later."
Another masthead motto....CC, JSM
Or highly irregular caca de toro.
Where have all the good bullfighters gone?
"The gentle nudge of somewhat later."
It’s in the ‘Curb your enthusiasm’ constitution.
Yancey nailed it with the Forrest Gump reference. What Douthat meant was when literally Hitler is undermining Democracy, we should ignore the Constitution and listen to Ross Douthat.
Also Bart Hall stated the role of the SC correctly and succinctly.
The US Constitution does not explicitly mention the shadow docket or a specific procedure for it. The Constitution establishes the Supreme Court in Article III, giving Congress the authority to regulate the court's jurisdiction and procedures. The use of the shadow docket has evolved through the court's practices and rules rather than being laid out in the Constitution itself. She's only an "originalist" when it suits her political purposes.
the undetected but irresistible magnetic pull of unintended consequences
As Willie sang, “…yesterday’s dead, and tomorrow is blind, I live one day at a time…”
Or Paul Simon, “… the nearer my destination the more it keeps sliding away…” a poetic expression of the limit of 1/x as x approaches infinity.
And as a male human, the excruciating urgency of right now is an old friend.
@Kak. Where in Article I does the Constitution give Congress the power to regulate the Supreme Court's procedures? Article III of the Constitution vests the judicial power of the United States in the Supreme Court, and it would seem that that encompasses how to handle emergency motions, which is what the shadow docket is all about.
Where was the urgency during the Vaccine Mandates, which Amy upheld, if I'm correct? No Urgency then. No Urgency about Mask Mandates, school shutdowns, Employers having the right to fire thousands and wreak havoc with people's lives. All of that is on Judge Amy--who could've taken the lead and done something when it mattered. Really rather unforgivable.
President Trump Via Truth Social:
“A HUGE THANK YOU to all the "No Kings" protesters yesterday!
I was very concerned a king was trying to take my place, but thanks to your tireless efforts, I am STILL YOUR PRESIDENT!
Great job all!!!”
The pressures right now are that Democrats are in the Minority and decided the best way to win more seats was to go full retard.
The fierce urgency of Meow!
For procrastinators, "The gentle nudge of somewhat later" is a strong force.
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