18 May 2009

SCOTUS 5-4 ruling on detainee abuse...

Justice Anthony M. Kennedy, writing for the majority in the 5-to-4 decision, said a lawsuit filed by the man, Javaid Iqbal, must be dismissed at a preliminary stage because he failed to allege a plausible link between the officials’ conduct and the abuses he said he had suffered.

not a surprise. i think we should continue to see this over the next several years, at least.

Mr. Bush and the wingers made sure of that by nominating and pushing through the likes of Roberts, Scalia, etc who are much younger than previous courts. The only promise of change would come if one of these people dies or resigns. we can't count on any one of them resigning, but death certainly is a viable option.

Mr. Obama has indicated that he wants to nominate a woman to replace Justice Souter. I think that a great idea. however, the nutters have already mobilized and put together their battle plan against anyone he nominates:
WASHINGTON — If President Obama nominates Judge Diane P. Wood to the Supreme Court, conservatives plan to attack her as an “outspoken” supporter of “abortion, including partial-birth abortion.”

If he nominates Judge Sonia Sotomayor, they plan to accuse her of being “willing to expand constitutional rights beyond the text of the Constitution.”

And if he nominates Kathleen M. Sullivan, a law professor at Stanford, they plan to denounce her as a “prominent supporter of homosexual marriage.”

Preparing to oppose the confirmation of Mr. Obama’s eventual choice to succeed Justice David H. Souter, who is retiring, conservative groups are working together to stockpile ammunition. Ten memorandums summarizing their research, obtained by The New York Times, provide a window onto how they hope to frame the coming debate.
at this point, i would bet that they would oppose Jesus if he were the nominee, especially with Republican Leader Steele saying they don't want anyone who shows empathy. [see today's Washington Times: GOP Gearing Up to Assail Nominee]

i'm not sure they could find anyone more empathetic than Jesus. JC even forgave lepers and prostitutes. [maybe that's why the David Vitter's and other repubs are okay about using their services? i've not thought of that before.]

so, i think it is going to be a long time before the makeup of SCOTUS really makes a turn. the only outside change would be if Justice Kennedy retires. HE is the usual swing vote on all of the 5-4 decisions for the last several years. only if he leaves early will the swing be towards the center or left.

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