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The common complaint is that a realist and a formalist are doing the same thing but using different words. Scalia did that quite a bit actually, stretching things that weren't there, saying there was no precedent when there was etc. And that a realist is telling you what they are doing while a formalist is just using different words.
Can you give some examples? Be specific on your examples and compare and contrast to establish your point.
By the way, your argument is one often made by the failing argument in an attempt to liken itself to the valid argument so as to give its position legitimacy.
There is only one way to interpret the Constitution, that is using the definition as they were defined and used when the document was written and by using the numerous arguments, statements, and positions made by those who wrote it in order to properly establish context. Anything else is blowing smoke up peoples arse to revise and word smith a meaning to achieve a modern political objective.
I thought previously that Justice Ginsburg should have retired in the last four years. She is very old and not in good health, although her mind is still sharp, it seems. But she didn't.
NOW, I think it's likely that she won't make it another four years. She may be forced to retire.
What say you?
She looks like she weighs about 90 lbs. Very frail. The flu could take her out.
She looks like she weighs about 90 lbs. Very frail. The flu could take her out.
But its the job that might be keeping her going.
She's probably got her team of doctors on speed dial and they are doing anything and everything to ensure that she's able to work as long as possible... she may outlive Twitler. He and Bannon both look very unhealthy.
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She's probably got her team of doctors on speed dial and they are doing anything and everything to ensure that she's able to work as long as possible... she may outlive Twitler. He and Bannon both look very unhealthy.
Look at Sid Hartman who is a sports journalist with the Star Trib in Minneapolis. 96 years old and still working.
He fell and broke his hip about a month ago. We thought for sure he would die. Nope, he's home recovering and plans on returning to work.
Yeah... I thought it was kind of obvious without really having to say it... she was hoping for a Hillary win and Hillary nominating a Supreme Court Justice... she was hoping for a symbolic move but it didn't go out as she wanted...
She may be the reason for Trumps 2nd choice. He could throw the Libs a bone and nominate a moderate.
Maybe even bring back Garland who was Obama's choice.
He won't. Anyone who understands Trump at least a little knows that he is about corporate power. That means naming someone who regards corporations as people and views the world and the law through a rich corporation's "eyes". (of course, corporations don't really have eyes...since they are not people.)
I hope not. Doesn't matter what bone you throw it doesn't work.
I agree. You have to make hay while the sun shines. If he gets another pick it should be conservative and pro-life. And hopefully young.
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