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Fri May 27, 2016, 02:17 PM

Eight ‘is not a good number’ for the Supreme Court, Ginsburg says

RBG has some great comments on this issue https://www.washingtonpost.com/politics/courts_law/eight-is-not-a-good-number-for-the-supreme-court-ginsburg-says/2016/05/26/3fa51666-237f-11e6-aa84-42391ba52c91_story.html

Her colleagues may be maintaining a stiff upper lip, but Justice Ruth Bader Ginsburg said Thursday that the Supreme Court is being hurt by having only eight justices.

The Supreme Court has deadlocked 4 to 4 in several cases since Justice Antonin Scalia’s death in February. Ginsburg told judges at a conference in New York that the situation is unfortunate because it essentially means important issues are being denied Supreme Court review, according to a copy of her prepared remarks.

“That means no opinions and no precedential value; an equal division is essentially the same as a denial of review,” Ginsburg said....

She noted that the court could not settle a First Amendment challenge brought by California teachers who objected to mandatory union fees.

And while it goes down on the books as an unsigned opinion with no dissents, Ginsburg said the court had to kick back to lower courts a major decision on the contraceptive requirement in the Affordable Care Act.

“Eight, as you know, is not a good number for a multi-member court,” Ginsburg said in the speech to judges and lawyers gathered for a conference of the 2nd Circuit. “When we meet at the circuit conference next year, I anticipate reporting on the decisions of a full bench.”

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Reply Eight ‘is not a good number’ for the Supreme Court, Ginsburg says (Original post)
Letmypeoplevote May 2016 OP
Roger Cavu May 2016 #1
Gunslinger201 May 2016 #2
Aldar May 2016 #3
Letmypeoplevote May 2016 #4
Aldar May 2016 #5

Response to Letmypeoplevote (Original post)

Fri May 27, 2016, 02:18 PM

1. That's what happens when you whack a supreme

I'm sure Obama couldn't be happier. He's a divider

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Response to Letmypeoplevote (Original post)

Fri May 27, 2016, 02:26 PM

2. We were told it would cost us the Election

Seems like everyone wants next Prez to pick

Told ya

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Response to Letmypeoplevote (Original post)

Fri May 27, 2016, 02:26 PM

3. So Ginsburg should retire and than there are 7

 

....and 7 breaks a tie. Donald will nominate replacements after he takes office.

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Response to Letmypeoplevote (Original post)

Fri May 27, 2016, 02:42 PM

4. Ruth Bader Ginsburg: Eight is not enough

RBG is correct. Eight is not enough http://www.msnbc.com/rachel-maddow-show/ruth-bader-ginsburg-eight-not-enough

She added, “Eight, as you know, is not a good number for a multi-member court.”

Ginsburg is hardly the only one who’s noticed. Slate’s Dahlia Lithwick noted last week that the Supreme Court can pretend that “it can manage just fine with eight justices,” but the fact remains that the institution is struggling to do its job.

Nobody on the court can say: “Please give us a ninth justice so we can get back to work.” That sounds like a plea for a Justice Merrick Garland. That is why it’s left to former Justice John Paul Stevens to say it for them. Even if all eight justices were to agree that between being unable to take any cases for next term, and being unable to decide major cases this term, things are not getting done at the court.
The same week, the editorial board of the New York Times added, “Every day that passes without a ninth justice undermines the Supreme Court’s ability to function, and leaves millions of Americans waiting for justice or clarity as major legal questions are unresolved…. Despite what Senate Republicans may say about the lack of harm in the delay in filling the vacancy, the court cannot do its job without a full bench.”

By all appearances, the Senate’s Republican majority doesn’t care – according to Sen. Orrin Hatch (R-Utah), it’s somehow fair to treat Merrick Garland unfairly – but they should.

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Response to Letmypeoplevote (Reply #4)

Fri May 27, 2016, 02:48 PM

5. Ginsburg should retire

 

instead of pissing and moaning about "8". Retire and make it 7.

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