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L. Coyote

(51,129 posts)
Tue Oct 3, 2017, 09:48 PM Oct 2017

Ginsburg Slaps Gorsuch in Gerrymandering Case [View all]

Ginsburg Slaps Gorsuch in Gerrymandering Case
By Jeffrey Toobin

In one cutting remark, Justice Ruth Bader Ginsburg summed up how Justice Neil Gorsuch’s patronizing lecture on the Constitution omitted some of the Court’s most important precedents. ...................

The argument had gone on for nearly an hour when Gorsuch began a question as follows: “Maybe we can just for a second talk about the arcane matter of the Constitution.” There was a rich subtext to this query. Originalists and textualists such as Gorsuch, and his predecessor on the Court, Antonin Scalia, often criticize their colleagues for inventing rights that are not found in the nation’s founding document. Gorsuch’s statement that the Court should spare “a second” for the “arcane” subject of the document was thus a slap at his ideological adversaries; of course, they, too, believe that they are interpreting the Constitution, but, in Gorsuch’s view, only he cares about the document itself.

Gorsuch went on to give his colleagues a civics lecture about the text of the Constitution. “And where exactly do we get authority to revise state legislative lines? When the Constitution authorizes the federal government to step in on state legislative matters, it’s pretty clear—if you look at the Fifteenth Amendment, you look at the Nineteenth Amendment, the Twenty-sixth Amendment, and even the Fourteenth Amendment, Section 2.” In other words, Gorsuch was saying, why should the Court involve itself in the subject of redistricting at all—didn’t the Constitution fail to give the Court the authority to do so?

Ruth Bader Ginsburg, who is bent with age, can sometimes look disengaged or even sleepy during arguments, and she had that droopy look today as well. But, in this moment, she heard Gorsuch very clearly, and she didn’t even raise her head before offering a brisk and convincing dismissal. In her still Brooklyn-flecked drawl, she grumbled, “Where did ‘one person, one vote’ come from?” ....................
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Sounds as if he is trying to fill the Asshole Shoes left behind by Scalia. n/t spooky3 Oct 2017 #1
Of course he is... That's why Comrade McConnell made it possible. Raster Oct 2017 #5
Gorsuch is unctuous and entitled and madaboutharry Oct 2017 #2
Love her, love her, love her! mcar Oct 2017 #3
Shouldn't a point like his have been expressed BEFORE the Supremes agreed to hear the case? Gidney N Cloyd Oct 2017 #4
It probably was. former9thward Oct 2017 #10
As I assumed. So Gorsuch seems out of order here. Among other things... Gidney N Cloyd Oct 2017 #16
It the precedent wasn't extant, they likely wouldn't be hearing the case at all. L. Coyote Oct 2017 #22
He's as bad as it gets and she's.... well, wonderful. mountain grammy Oct 2017 #6
I hope everybody reads the whole article at the link SCantiGOP Oct 2017 #7
The new guy should just keep quiet for awhile FakeNoose Oct 2017 #8
As a counterpoint, Clarence Thomas is so quiet he can be confused for being asleep mythology Oct 2017 #9
Maybe that's grounds for revoking his appointment? FakeNoose Oct 2017 #11
He has to wait for direction from his wife and the other Tea Party loons first. TheBlackAdder Oct 2017 #25
The Notorious RBG -- long may she remain on the Court Hekate Oct 2017 #12
Yes! Poor (great) thing. Hillary expected her to be able to have a nice retirement. Hortensis Oct 2017 #18
Yes! To her health!! MsLeopard Oct 2017 #23
Looks like HDSam Oct 2017 #13
It looks like he has Scalia's award already locked up for this year! TheBlackAdder Oct 2017 #26
Hey illegitimate justice Gorsuch..............since your suppose to a learned individual turbinetree Oct 2017 #14
The Framer's Coup. Maybe it should be required Alice11111 Oct 2017 #39
RGB!!!!!!!!!!!!!!! TeamPooka Oct 2017 #15
The entire point of the census. joshcryer Oct 2017 #17
An article I read by a justice a while ago expressed dismay at Gorsuch's Hortensis Oct 2017 #19
The Bernie or Busters... Pugster Oct 2017 #20
+1 oasis Oct 2017 #29
You mean the republicans who would have voted for Bernie? onit2day Oct 2017 #31
The newest urban myth. Bernie is why HRC lost. mjvpi Oct 2017 #34
Post removed Post removed Oct 2017 #36
Exactly my point. Where is your research? How many Bernie or Busters were there in swing states? mjvpi Oct 2017 #37
Accepting something that doesn't belong to you is a crime... czarjak Oct 2017 #21
K&R Gothmog Oct 2017 #24
A stolen seat doesn't deserve any respect. usaf-vet Oct 2017 #27
good for her bdamomma Oct 2017 #28
He's a stooge bucolic_frolic Oct 2017 #30
A stolen seat doesn't deserve any respect. usaf-vet Oct 2017 #32
I think that someone in her position could give someone in his position milestogo Oct 2017 #33
All I know if when Trump is impeached or arrested or the vote is finally found to be fraudulent Maraya1969 Oct 2017 #35
Notorious RBG rules! Nitram Oct 2017 #38
May she continue to bitchslap him-- GoCubsGo Oct 2017 #40
Did Gorsuch Have a Respose? dlk Oct 2017 #41
Ooh, he got "Gins-burned!" TechNerd Oct 2017 #42
Good one! Rhiannon12866 Oct 2017 #43
Excellent first post. Welcome to DU. L. Coyote Oct 2017 #44
... geardaddy Oct 2017 #45
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