Who will replace Souter?

[Anonymous]

jsteele wrote:
I heard Orin Hatch on the radio this morning saying something to the effect that Obama wants a nominee who understands the plight of normal people and that's a problem. If that will be the Republican spin, in this economic environment, they will be buried. One of the biggest complaints among "normal people" is that Washington is out of touch with them.

The ONLY thing a nominee needs to understand or "be in touch with" is the Constitution which applies to all people regardless of their "normalness" or lack thereof. Empathy may be a good quality for a trial judge who evaluates facts in a particular setting, but should have little place when deciding matters of Constitutional law.

[Anonymous]

Anonymous wrote:

jsteele wrote:
I heard Orin Hatch on the radio this morning saying something to the effect that Obama wants a nominee who understands the plight of normal people and that's a problem. If that will be the Republican spin, in this economic environment, they will be buried. One of the biggest complaints among "normal people" is that Washington is out of touch with them.

The ONLY thing a nominee needs to understand or "be in touch with" is the Constitution which applies to all people regardless of their "normalness" or lack thereof. Empathy may be a good quality for a trial judge who evaluates facts in a particular setting, but should have little place when deciding matters of Constitutional law.

Unfortunately, the absence of empathy seems to result in antipathy, not a pure application of legal principle. Look at how a bunch of states' rights conservatives make use of the Interstate Commerce Clause when the issue is not one they empathize with.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

jsteele wrote:
I heard Orin Hatch on the radio this morning saying something to the effect that Obama wants a nominee who understands the plight of normal people and that's a problem. If that will be the Republican spin, in this economic environment, they will be buried. One of the biggest complaints among "normal people" is that Washington is out of touch with them.

The ONLY thing a nominee needs to understand or "be in touch with" is the Constitution which applies to all people regardless of their "normalness" or lack thereof. Empathy may be a good quality for a trial judge who evaluates facts in a particular setting, but should have little place when deciding matters of Constitutional law.

Unfortunately, the absence of empathy seems to result in antipathy, not a pure application of legal principle. Look at how a bunch of states' rights conservatives make use of the Interstate Commerce Clause when the issue is not one they empathize with.

Agree, but sometimes they get trapped, like with "medicinal" marijuana.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

jsteele wrote:
I heard Orin Hatch on the radio this morning saying something to the effect that Obama wants a nominee who understands the plight of normal people and that's a problem. If that will be the Republican spin, in this economic environment, they will be buried. One of the biggest complaints among "normal people" is that Washington is out of touch with them.

The ONLY thing a nominee needs to understand or "be in touch with" is the Constitution which applies to all people regardless of their "normalness" or lack thereof. Empathy may be a good quality for a trial judge who evaluates facts in a particular setting, but should have little place when deciding matters of Constitutional law.

Unfortunately, the absence of empathy seems to result in antipathy, not a pure application of legal principle. Look at how a bunch of states' rights conservatives make use of the Interstate Commerce Clause when the issue is not one they empathize with.

Agree, but sometimes they get trapped, like with "medicinal" marijuana.

I don't think that's a trap. Medical Marijuana is a real issue. it has legitimate medical value, and some states have made it legal for medical use.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

jsteele wrote:
I heard Orin Hatch on the radio this morning saying something to the effect that Obama wants a nominee who understands the plight of normal people and that's a problem. If that will be the Republican spin, in this economic environment, they will be buried. One of the biggest complaints among "normal people" is that Washington is out of touch with them.

The ONLY thing a nominee needs to understand or "be in touch with" is the Constitution which applies to all people regardless of their "normalness" or lack thereof. Empathy may be a good quality for a trial judge who evaluates facts in a particular setting, but should have little place when deciding matters of Constitutional law.

Unfortunately, the absence of empathy seems to result in antipathy, not a pure application of legal principle. Look at how a bunch of states' rights conservatives make use of the Interstate Commerce Clause when the issue is not one they empathize with.

Agree, but sometimes they get trapped, like with "medicinal" marijuana.

I don't think that's a trap. Medical Marijuana is a real issue. it has legitimate medical value, and some states have made it legal for medical use.

I am an MD specializing in pain management, end of life care. There is little that MJ does that other drugs can not do better. The issue is more emotional. People want it to get high. Many of my patients have admitted that to me. I will not prescribe a med that causes impaired judgment if there are other drugs with fewer side effects. We have enough trouble with alcohol and irresponsible behavior.

[Anonymous]

With all due respect, Mr./Ms. MD, there are docs that disagree with you.

[Anonymous]

Anonymous wrote:With all due respect, Mr./Ms. MD, there are docs that disagree with you.

Of course, but the science is hard to dispute. Frankly, I don't care, the opiate narcotics are more of an issue, when patients drive under the influence.

But WRT the courts, C. Thomas took an interesting stance.

[Anonymous]

Anonymous wrote:

Anonymous wrote:With all due respect, Mr./Ms. MD, there are docs that disagree with you.

Of course, but the science is hard to dispute. Frankly, I don't care, the opiate narcotics are more of an issue, when patients drive under the influence.

But WRT the courts, C. Thomas took an interesting stance.

There are many doctors who do not view the science as you do, either. But the point is that the state has authority here, and you can see how a Scalia will violate his judicial philosophy because he does not empathize with medical marijuana. I think Thomas gave Scalia an ass-whipping in his dissent. Thomas' action, however, is a bit rare.

Rehnquist followed Thomas, but then again he was suffering from cancer at the time, and that may have influenced his thinking on the issue. Of course there were cancer survivors who voted on both sides and I don't think empathy alone decides cases, but it plays a role.

[Anonymous]

Wow. Remind me not to use you as my doctor!

If pot makes a dying person happier, use your power of prescription, for pete's sake.

As for the Justice, I like Sonia S. Demographics mean a lot.

And, by the way, if he doesn't appoint a woman (as Biden promised during the primaries) I myself will run against him in the Dem primary in 2012.

[Anonymous]

I've worked for Sonia S.

She is a BITCH!!!!!!

[Anonymous]

Anonymous wrote:I've worked for Sonia S.

She is a BITCH!!!!!!

But is she a smart enough bitch to balance Scalia's bitchiness?

[Anonymous]

"The ONLY thing a nominee needs to understand or "be in touch with" is the Constitution which applies to all people regardless of their "normalness" or lack thereof. Empathy may be a good quality for a trial judge who evaluates facts in a particular setting, but should have little place when deciding matters of Constitutional law. "

You don't know jack about the Supreme Court.

[Anonymous]

Anonymous wrote:Wow. Remind me not to use you as my doctor!

If pot makes a dying person happier, use your power of prescription, for pete's sake.

As for the Justice, I like Sonia S. Demographics mean a lot.

And, by the way, if he doesn't appoint a woman (as Biden promised during the primaries) I myself will run against him in the Dem primary in 2012.

The case forced the hand of C. Thomas and Rhenquist. They were not sympathetic to the MJ users.
BTW, some dying patients still drive...under the influence of lots of drugs.