tag:blogger.com,1999:blog-6329595.post8155162790911146156..comments2024-03-28T15:11:55.177-05:00Comments on Althouse: "Hnh, Biden stomps some dirt on Robert Bork's grave."Ann Althousehttp://www.blogger.com/profile/01630636239933008807noreply@blogger.comBlogger43125tag:blogger.com,1999:blog-6329595.post-51450521565816491822007-11-18T20:47:00.000-06:002007-11-18T20:47:00.000-06:00OR, maybe you're just totally wrong about what he ...OR, maybe you're just totally wrong about what he meant. What, are you a mind reader too?Eccentric Basket Giftshttps://www.blogger.com/profile/01810135097690576024noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-89275408604392735092007-11-17T23:45:00.000-06:002007-11-17T23:45:00.000-06:00John K.,I must take some issue with your point.The...John K.,<BR/><BR/>I must take some issue with your point.<BR/><BR/>The Articles of Confederation didn't last because the Federal Government had too little power. <BR/><BR/>The Constitution was an effort to expand government power so it could accomplish things like National Defense and yet an effort was also made to limit the powers of government.<BR/><BR/>It was an expansion and yet also a limitation.<BR/><BR/>Lucky,<BR/><BR/>So was Thomas wrong on Raich? Kelo? Did he express himself in those decisions in a way that was hard for you to follow? If so my condolences.M. Simonhttps://www.blogger.com/profile/09508934110558197375noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-29223098717102153762007-11-17T12:50:00.000-06:002007-11-17T12:50:00.000-06:00And so I had been pushing PrincetonWhen I toured P...<I>And so I had been pushing Princeton</I><BR/>When I toured Princeton in 1977, the female student guide actually told the black prospective student also on the tour, "You may not be comfortable here." She claimed there were still white racists (male of course) in the student body. My first realization of PC thinking.<BR/>Could that have gotten the school sued?Ralph Lhttps://www.blogger.com/profile/07915708905660273961noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-25393740262581802392007-11-16T22:41:00.000-06:002007-11-16T22:41:00.000-06:00I respect all of the current members of the Court,...I respect all of the current members of the Court, even those with whom I regularly disagree (Stevens, Breyer, Ginsburg, and Souter) and those with whom my disagreement varies according to which side of their constitutional bed they've arisen on any given day (Hon. Anthony "Sweet Mysteries of Life" Kennedy). <BR/><BR/>But like the blind hog who's nosed across an acorn anyway, Biden was right in suggesting that the Court badly needs more real-world experience, and it can certainly afford to reduce its reliance on law professors. <BR/><BR/>Given the percentage of civil cases (governmental and non-) that make up the Court's docket, it would be nice -- it would be peachy, actually -- if at least one Justice on the Court actually had a substantial amount of civil trial experience on behalf of private litigants, either as a trial lawyer or, better still, a trial lawyer and then as a district court judge. By "trial lawyer," I don't mean "plaintiff's personal injury contingent fee lawyer," I mean a "lawyer who actually and regularly has tried cases to a verdict before judges and juries."Beldarhttps://www.blogger.com/profile/13404583858244777905noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-40266579142685831332007-11-16T19:25:00.000-06:002007-11-16T19:25:00.000-06:00Thanks, Bruce. I thought no one noticed.Thanks, Bruce. I thought no one noticed.Richard Faginhttps://www.blogger.com/profile/00578733720191838363noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-17702525951141963002007-11-16T17:59:00.000-06:002007-11-16T17:59:00.000-06:00Speaking of lawyers, judges, the constitution, etc...Speaking of lawyers, judges, the constitution, etc., here's something should make anybody associated proud as punch:<BR/><BR/>Most Attorneys General, upon stepping down, move to private-sector legal work. Some take on faculty positions at respected law schools. <BR/><BR/>And then there’s Alberto Gonzales, arguably the worst Attorney General in U.S. history.<BR/><BR/>Since resigning in disgrace, Gonzales has retained a high-powered DC criminal-defense lawyer to represent him. Given that the U.S. Inspector General may recommend criminal charges against Gonzales, it was probably a good move.<BR/><BR/>It’s reached the point at which Gonzales’ friends have had to create a legal defense fund for the embattled former AG.Luckyoldsonhttps://www.blogger.com/profile/11489310035114843752noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-91290350225782449402007-11-16T17:57:00.000-06:002007-11-16T17:57:00.000-06:00M. Simon said..."Give me Thomas any day."Great.How...M. Simon said..."Give me Thomas any day."<BR/><BR/>Great.<BR/><BR/>How soon can you move his ass off the court?<BR/><BR/>Will be be staying with you?Luckyoldsonhttps://www.blogger.com/profile/11489310035114843752noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-42862100743348978922007-11-16T17:09:00.000-06:002007-11-16T17:09:00.000-06:00"The last Supreme Court Justice that had considera..."The last Supreme Court Justice that had considerable political experience was a law and order-type Republican governor of California." <BR/><BR/>So dedicated to law and order, in fact, that he led the effort to force tens of thousands of American citizens off their land and put them behind barbed wire. I suppose it's ironic that one of the major opponents of the Nisei relocation was J. Edgar Hoover.Bruce Lagassehttps://www.blogger.com/profile/13127516545314254323noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-40502878139220303462007-11-16T16:30:00.000-06:002007-11-16T16:30:00.000-06:00So, Biden supported Harriet Meiers, then?So, Biden supported Harriet Meiers, then?rafhttps://www.blogger.com/profile/03234144949583399000noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-71399727201960646002007-11-16T16:28:00.000-06:002007-11-16T16:28:00.000-06:00". . . the purpose of the Constitution was to limi...". . . the purpose of the Constitution was to limit the power of government."<BR/><BR/>Alas, I'm afraid that in the actual historical context of the Articles of Confederation the purpose of the Constitution was in fact not to limit but to expand the power of government, and to bend it to the will and financial interests of the politically connected. Albert Jay Nock's classic book "Our Enemy, the State" has the lowdown. <BR/><BR/>There's nothing especially admirable about the Constitution. As the great nineteenth century legal scholar Lysander Spooner put it, at the very end of his "No Treason: The Constitution of No Authority", "But whether the Constitution really be one thing, or another, this much is certain --- that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist." And that was before the Sixteenth Amendment came along.<BR/><BR/>Now the Declaration of Independence, on the other hand, that was something.John Kindleyhttps://www.blogger.com/profile/13897832130417651667noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-44665362619954847292007-11-16T15:50:00.000-06:002007-11-16T15:50:00.000-06:00Wasn't it Bork who called the IXth Amendment an in...Wasn't it Bork who called the IXth Amendment an ink blot?<BR/><BR/>Talk about a man who can't read.M. Simonhttps://www.blogger.com/profile/09508934110558197375noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-60051911269148469492007-11-16T15:49:00.000-06:002007-11-16T15:49:00.000-06:00The Constitution expressly authorizes Congress to ...The Constitution expressly authorizes Congress to enact copyright laws. Copyright law expressly protects characters. Kelso is a character. Kelso is expressly protected by copyright law, which is allowed by the constitution.Gelhttps://www.blogger.com/profile/14571297717073667060noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-72970218017651408282007-11-16T15:48:00.000-06:002007-11-16T15:48:00.000-06:00As for Ginsburg. Give me Thomas any day. A man who...As for Ginsburg. Give me Thomas any day. <BR/><BR/>A man who actually understands that words have meaning (he can read) and that the purpose of the Constitution was to limit the power of government.M. Simonhttps://www.blogger.com/profile/09508934110558197375noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-65692162727685131452007-11-16T14:30:00.000-06:002007-11-16T14:30:00.000-06:00Joshua, hard to say if that was frivolous or not. ...Joshua, hard to say if that was frivolous or not. It doesn't say how high the dais was. Of course it also doesn't say why he couldn't just ask for a step stool. I does look like he was actually injured though. Still, he is a big boy and could have requested steps.jeffhttps://www.blogger.com/profile/01892213227811281098noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-21603402227244839912007-11-16T14:18:00.000-06:002007-11-16T14:18:00.000-06:00Well, now trooper. Let's not go crazy. I think t...Well, now trooper. Let's not go crazy. I think the cougar domesticated Kelso. Although I would agree on the constitutionality part. I think the Kelso part was written on the back next to the treasure map.jeffhttps://www.blogger.com/profile/01892213227811281098noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-28776332298526082622007-11-16T14:01:00.000-06:002007-11-16T14:01:00.000-06:00Kelso is just not talented, but he is constitution...Kelso is just not talented, but he is constitutional. He is also an animal trainer as he was one of the first in Hollywood to domesticate the cougar.Trooper Yorkhttps://www.blogger.com/profile/01978703998566102194noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-30974175116526186882007-11-16T13:58:00.000-06:002007-11-16T13:58:00.000-06:00Also, Robert Bork is alive and well and filing fri...Also, Robert Bork is alive and well and filing frivolous lawsuits.<BR/><BR/>http://online.wsj.com/public/resources/documents/borksuit-060607.pdf<BR/><BR/>Tort reform for thee but not for me!Unknownhttps://www.blogger.com/profile/04799313338435635790noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-85479291278808811712007-11-16T13:56:00.000-06:002007-11-16T13:56:00.000-06:00Both said Kelso was constitutional.I'm no Ashton K...<I>Both said Kelso was constitutional.</I><BR/><BR/>I'm no Ashton Kutcher fan, but I'm pretty sure he's not unconstitutional.Unknownhttps://www.blogger.com/profile/04799313338435635790noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-70908687884716971182007-11-16T13:54:00.000-06:002007-11-16T13:54:00.000-06:00So...I guess Bork is with all those dead Mandelas?...So...I guess Bork is with all those <A HREF="http://althouse.blogspot.com/2007/09/now-wheres-mandela-well-mandelas-dead.html" REL="nofollow">dead Mandelas?</A>blakehttps://www.blogger.com/profile/05430444326700437630noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-60581032532424015902007-11-16T13:31:00.000-06:002007-11-16T13:31:00.000-06:00TMack is right Beyer and Ginsburg are bloody awful...TMack is right Beyer and Ginsburg are bloody awful judges. I am not sure that life experience helps much either. Earl Warren was a former governor and made a mess of the court. Sandra Day O'Conner is a wonderful woman and had lots real world experience. Yet, her body of work on the court consists of an large number of muddled baby splitting opinions that stand for little other than the premise that O'Conner wanted one side or another to prevail in that case. I can't imagine a Supreme Court Justice who had a more significant and accomplished career in private life than Thurgood Marshall, but it is difficult to argue he was in anyway a great Supreme Court Justice.<BR/><BR/>If there is one complaint that I would make about the Court it is that it is dominated by the ConLaw priesthood. We spend too much time arguing about a few divisive issues of Constitutional Law and forget that the Court is also the ultimate arbiter of federal law. For every Kelo or Roe v. Wade, there are 100s of cases decided by the court relating to civil procedure, anti-trust law, intellectual property law or any other area of federal law that have consequences to the economy and country at large much more significant than the odd abortion case. Why not have a judge who is an expert and experienced practitioner of intellectual property law? Or criminal law? Lets not get rid of the Geeks, lets just cut down on the ConLaw Geeks.Johnhttps://www.blogger.com/profile/02964994591293819655noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-91067458801110548202007-11-16T13:13:00.000-06:002007-11-16T13:13:00.000-06:00This comment has been removed by the author.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6329595.post-64156567509283608932007-11-16T13:11:00.000-06:002007-11-16T13:11:00.000-06:00t mack says: "Your to isolated in your schools, an...t mack says: "Your to isolated in your schools, and courts and seminars, so much so, that you forget about real life."<BR/><BR/>That's a keeper.Luckyoldsonhttps://www.blogger.com/profile/11489310035114843752noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-643743916069882882007-11-16T13:03:00.000-06:002007-11-16T13:03:00.000-06:00"but Biden goes beyond that and disrespects two fi..."but Biden goes beyond that and disrespects two fine Supreme Court justices — Ginsburg and Breyer."<BR/><BR/>Both those justices said the McCain/Feingold act was constitutional. They're WRONG.<BR/>Both said Kelso was constitutional.<BR/>They're WRONG. Ginsburg says we should look to foreign law when interperting the constitution. Not only is she wrong, that should've gotten her impeached and disbarred.<BR/>You Althouse, with your praise of two senile hacks, who obviously never understood the law, epitomizes what is wrong with the law profession today. Your to isolated in your schools, and courts and seminars, so much so, that you forget about real life.<BR/>The US Supreme Court needs a non-lawyer desperately as a judge.<BR/>You Althouse, along with Hewiit and Lessig, have had your heads up your legal anuses for far to long.T Mackhttps://www.blogger.com/profile/17575490277298610360noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-62346213426523216552007-11-16T13:01:00.000-06:002007-11-16T13:01:00.000-06:00"To call him an idiot is to insult idiots."I don't..."To call him an idiot is to insult idiots."<BR/><BR/>I don't know I would agree with that. I don't think he is quite as smart as he thinks he is, probably from being in the Senate 35 years where everyone defers to you, but he's a pretty sharp guy. Just wrong a lot.jeffhttps://www.blogger.com/profile/01892213227811281098noreply@blogger.comtag:blogger.com,1999:blog-6329595.post-35900281841635250852007-11-16T12:55:00.000-06:002007-11-16T12:55:00.000-06:00jeff,Are you implying Senators don't "live life?" ...jeff,<BR/>Are you implying Senators don't "live life?" <BR/><BR/>Like you wouldn't trade in a second...Luckyoldsonhttps://www.blogger.com/profile/11489310035114843752noreply@blogger.com