Justice Scalia Dead

Justice Scalia Dead!

http://www.mysanantonio.com/news/us...iate-Justice-Antonin-Scalia-found-6828930.php

Justice Scalia was found dead today at a resort near Marfa Texas. He apparently died of natural causes. I think this is bad for RKBA because Obama will have to nominate a new member of the Supreme Court to replace him and it will probably be someone very anti gun rights!!!

Why exactly wouldn't our current president be the one to appoint his successor?

I mean, I hope he doesn't because it's extremely unlikely he'll appoint anyone that's pro second amendment.



And for what it's worth, the report also read said he died in his sleep after a day of quail hunting.

Bartholomew Roberts said:

Died on a hunting trip.

So, the stakes for this election are about as clear as it is going to get. There are now only four votes for the Heller majority and the winner of the 2016 election is likely to appoint the successor.

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Isn't the successor going to be appointed by Obama?

Thank you for the clarification

Block it for an entire year, I bet they don't have the stones for that, but I sure hope I'm wrong.

This certainly isn't my realm of expertise.

Bartholomew Roberts said:

The successor must be approved by the Senate, and the Senate has been known to block the nominations of lame duck Presidents from the opposite party in the past.

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That was back when opposition controlled senate's had backbones. The wimps in their now bend over at the slightest breeze.

At best, we'll get a moderate justice, but I doubt it. It's probably going to be another radical activist who's probably in their 20's who will sit on the bench for the next 70 years.

Obama will appoint a new Justice, but that appointment will have to be confirmed by the Senate, which is controlled by Republicans. However not all Republicans are staunch supporters of 2nd Amendment gun rights. For that matter not all Democrats are opposed to them.

With a election getting closer every day, I suspect that most senators will go in the direction of what's in their own best interest, and keep a close eye on what's happening in the office mailbag. Most likely a very "progressive" candidate is not likely to have an easy time, so Obama may be forced to find someone more centralist.

We maybe in huge trouble if Obama picks the next SCOTUS judge with carry outside the home, assault weapons (semi-automatic), high capacity mags (standard capacity), and other huge cases most likely coming up in the future.

Combined with an election year? Here comes the panic buying.

It was a pretty good day until I listened to the news. If your politician doesn't have a spine, lend him or her yours.

Run has started.

And people wonder why we don't like RINO's.

I have a question for some of the lawyers in this thread (or at least some of the people with more education than I have concerning how the Supreme Court relates to Constitutional issues):

What kind of historical precedents are there for the Supreme Court to overturn a previous decision once the balance of power amongst justices shifts? Is it unlikely for the court to revisit the question of whether the 2nd Amendment applies to the individual? I would hope that both Heller and McDonald have set a strong precedent, but is it strong enough that we shouldn't worry too much about losing ground on this issue. I know we have other potential cases to worry about, but I'm just wondering how likely we are to actually lose ground because of this.

Ooh. Thats not good.He was one of the good guys. Ive seen Obamas appointees and they make me cringe.

There are now only four votes for the Heller majority and the winner of the 2016 election is likely to appoint the successor.

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What's worse, Justice Scalia was one of the staunchest supporters of the 2nd Amendment. Reading between the lines on Heller and McDonald, he had to water down the ruling to appease at least one of the other pro-2nd Amendment votes.

What kind of historical precedents are there for the Supreme Court to overturn a previous decision once the balance of power amongst justices shifts? Is it unlikely for the court to revisit the question of whether the 2nd Amendment applies to the individual?

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Doubt it would be flat overturned, although that has happened on rare occasions in the past. An anti majority could simply rule that the 2nd Amendment ONLY applied inside one's residence, and that it didn't apply to "especially dangerous" weapons such as "assault weapons" and "semi-automatic weapons."

RIP Justice Scalia. We're lucky we had you, and you departed far too soon.

B. Roberts - "The successor must be approved by the Senate, and the Senate has been known to block the nominations of lame duck Presidents from the opposite party in the past. "

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That would take the full and dedicated efforts of the head of the Senate, Mitch McConnell. Unfortunately he is an uber RINO who is well known to be an Obama bootlicker.

You can count on the Obama appointee being a hard core far left ideologue who hates the Constitution and this Constitutional Republic as much as does Dear Leader.

With five hard wired extremely far left Justices on the Supreme Court .....

Kiss your guns goodbye, boys and girls.

L.W.

Bartholomew Roberts said:

The successor must be approved by the Senate, and the Senate has been known to block the nominations of lame duck Presidents from the opposite party in the past.

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Good luck on that with this crew of Republicans that have given Obama his every wish and then some....

https://www.washingtonpost.com/nati...6c0590-d2a4-11e5-b2bc-988409ee911b_story.html

But the battle lines were immediately apparent. Senate Democratic leader Harry Reid followed McConnell’s statement with one of his own:

“It would be unprecedented in recent history for the Supreme Court to go a year with a vacant seat,” he said. “Failing to fill this vacancy would be a shameful abdication of one of the Senate’s most essential Constitutional responsibilities.”

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My worry is that the pool of potential justices is itself too tainted anymore. Think about it; Ivy League is basically prerequisite, and those institutions have systematically purged all originalist sentiment ruthlessly. When one stops to consider the upbringing and life choice/life style of the type of person who would rise to be selected for the position, it is flat out incredible we can even get people as conservative/libertarian as we have appointed recently. It is only going to get worse as previous generations from more tolerant years are replaced by militant progressives.

As diligent about these types of constitutionalism issues as Mr. Cruz is (love him or hate him, he's basically the second most outspoken senator on this issue specifically behind Paul), it was he who first nominated Roberts. And even Roberts has shown unusual deference to state interests on certain politically sticky issues. Nothing is guaranteed, except that who ever is chosen will probably be completely ignorant of firearms and their rightful place in this nation.

Do Thomas, Alito, or Roberts hunt, or do any shooting at all? I have only heard Scalia (of course) and Kagan of all people have any kind of exposure to firearms, if only recreationally. This is DC where guns are essentially banned, and these judges come from cities where guns are despised, and educated in elitist schools promoting the idea the state should possess a monopoly on force. How can ignorant justices possibly become educated on this issue?

All this naively ignores the blatant politicization going on, and it still seems nearly insurmountable. Court's going to swing left for a generation or two, it's inevitable (it is a lagging indicator of the populace, after all), but will it be enough to permanently mar gun rights? Depends on whether the justices prefer to be politically popular, or popularly relevant. If we get rational-basis decisions masquerading as strict scrutiny, their opinions will become meaningless in short order.

"Am I the only one here that thinks the Justice Dep't blocks an autopsy?"
As much as my shock compels me to think there must be some explanation here, there isn't. Were foul play at work, the system is already irretrievably broken and spiraling down to the next Great Terror...and I'm not buying that just yet. Roberts may have been blackmailed for the O-care rulings, but that is hardly unprecedented --an assassination is on a whole other level, and can't possibly be protected by the powers that be. Scalia was 79; death after a strenuous day of hunting is extremely plausible.

God bless him and keep him. Pretty much the only friend of gun rights at that level of political power, who actually acted in our interest in any way whatsoever.

TCB

“It would be unprecedented in recent history for the Supreme Court to go a year with a vacant seat,” he said. “Failing to fill this vacancy would be a shameful abdication of one of the Senate’s most essential Constitutional responsibilities.”

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To which should be given the resounding reply; "NUTS!"

I do remain highly skeptical that the divided GOP will manage to go a full year without 'making a deal' on some stupid short-term issue right before the election to score some points. McConnell needs to make it abundantly clear to his senators, and the nation at large, that any appointment from Obama will be treated as poison fruit, regardless how 'moderate' or whatever adjective is used to justify nomination. He needs to be out front with this, quickly, clearly, and giving no room for debate. He's already said he will wait for the election, but I want him to tell everyone why.

I also hope we can get the candidates (including the dems) to come out and say who they would be calling for nomination "on day one." Far more consequential than a VP pick, to be frank. It's Trump's first chance to outline a specific policy proposal for public review, and it's Cruz's/Rubio's chance to show what kind of judicial contacts they've cultivated over their careers.

TCB

Rest in peace, Justice Scalia. Thank you for your years of efforts in support of the Constitution.

My condolences to his family for their loss.

God help what's left of the Republic.