Justice Ginsburg - "There Will Be More" 5-4 Decisions Before The Term Ends

[kpete]

Justice Ginsburg Welcomes Sotomayor Nomination

"As much as I will miss Justice Souter's company," she said, reviewing top Court events of the last year, "I was cheered by the next banner headline," namely President Barack Obama's selection of Sotomayor as the next associate justice.

"The nominee will bring to the Supreme Court, as she did to the district court and then the Court of Appeals, a wealth of experience in law and in life," Ginsburg said. "And I am so glad no longer to be the lone woman on the court." Implicitly assuming that Sotomayor will be confirmed, she added, "I look forward to a new colleague well-equipped to handle the challenges our work presents."

It is unusual, but not unheard of, for sitting justices to comment favorably on possible future colleagues. While the ultimately unsuccessful nomination of Robert Bork was pending in 1987, Justice John Paul Stevens publicly described him as a "well-qualified candidate," and then-Justice Byron White let it be known that it would be "all right with me" if Bork joined the Court.

............

Ginsburg's comments about Sotomayor were not the only ones of interest to Court-watchers. Other nuggets:

-- Noting that 20 per cent of the Court's rulings this term have been decided by 5-4 votes, Ginsburg added mysteriously that "there will be more" 5-4 decisions before the term ends.

more:
http://legaltimes.typepad.com/blt/2009/06/jusitce-ginsburg-welcomes-sotomayor-nomination.html

[47of74]

1. Especially with Clarence "What ever Scalia says" Thomas and Scalito on the bench.

[rpannier]

2. Get rid of Benito Mussolini Scalia and his Quizling Clarence Thomas

and the Court wouldn't have many 5-4 decisions

[TahitiNut]

3. If someone kicked Scalia's ass ...

... it'd give Thomas a concussion. :puke:

[Initech]

4. Too bad we cant reverse the 2000 5-4 decision...

[JDPriestly]

5. Meaning perhaps that Stevens and Souter will continue to serve (until Sotomayor is confirmed) and

that Kennedy will continue to be the decisive vote.

[Statistical]

6. Yup Kennedy is the deciding vote.

Even in larger majorities 6-3, 7-2 Kennedy is usually on the majority.

In oral arguments you can usually get an idea of where the case is going by Kennedy's questioning.

In Heller Kennedy quickly and clearly dismissed the idea of "collective right" and insteads starting asking questions about limitations on an individual right. It seemed clear to me he had already decided the major issues and was just looking to refine how an individual right is defined.


Arguments are in pdf format so just search for Kennedy and you can usually get an idea on how much of a chance a case has.

[JDPriestly]

9. Thanks for the tip on the arguments in pdf format.

This suggests to me that the Supreme Court would probably decide that "confessions" obtained through torture could be admitted into evidence. That would make torture OK. The fear that that might happen could be the reason that that Obama is not pushing for prosecutions. That is a horrible possibility. Thanks again.

[charlie]

7. I hate that idiot

He's the moron who accepted Bush v Gore, then spent the rest of the time wringing his hands, fretting about the enormity of what he'd taken on. He was such a vacillating twit, Souter said publicly that if he'd had another 24 hours he could've turned Kennedy.

[charlie]

8. "It is unusual, but not unheard of, for sitting justices to comment favorably..."

Heh. Or at least on one occasion, trash mercilessly. I remember when Thurgood Marshall flipped out after Souter was announced. He ran around saying, "Who is this guy? I never heard of this guy. You ever heard of this guy? Why are they putting this nobody on the court?" He was so pissed at Bush he said something like, "I was raised to never speak ill of the dead and Bush is dead to me." It was funny as hell.