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1 The Left  Mon, Jun 28, 2010 7:26:45pm
Sessions said Kagan's reverence for Marshall "tells us much about the nominee,"


And you say that like it's a bad thing, Sessions. Turd.


Everyone fails the GOP purity test nowadays. They've appointed themselves in charge of determining who is a good enough American or a real enough American too.
Used to be just (!) liberals, gay people, women, black people, brown people, academics, hollywood, atheists, Iraq War objectors, agnostics, feminists, arugula-munchers, citydwellers, Democrats, evolution believers and dijon mustard fans who weren't really American, according to them.

We've been recently told that lots of prior presidents weren't good enough either-- Wilson, Roosevelt(s), Lincoln, and I can't even keep up.

So now we're ex post facto excommunicating a justice of the SCOTUS and not just any one, but the person who ended segregation in the United States.

I thought they couldn't shock me any more but I'm shocked. My god. It's not even a dogwhistle any more, they're screaming it.

2 The Left  Mon, Jun 28, 2010 7:34:30pm

Which founding fathers have they kicked out of the club so far?

Damn you, John Adams, ya fancy-talkin' eleetist gubbmint lawyer from Taxachusetts! /

3 Gus  Mon, Jun 28, 2010 7:34:38pm

re: #1 iceweasel

And you say that like it's a bad thing, Sessions. Turd.

Everyone fails the GOP purity test nowadays. They've appointed themselves in charge of determining who is a good enough American or a real enough American too.
Used to be just (!) liberals, gay people, women, black people, brown people, academics, hollywood, atheists, Iraq War objectors, agnostics, feminists, arugula-munchers, citydwellers, Democrats, evolution believers and dijon mustard fans who weren't really American, according to them.

We've been recently told that lots of prior presidents weren't good enough either-- Wilson, Roosevelt(s), Lincoln, and I can't even keep up.

So now we're ex post facto excommunicating a justice of the SCOTUS and not just any one, but the person who ended segregation in the United States.

I thought they couldn't shock me any more but I'm shocked. My god. It's not even a dogwhistle any more, they're screaming it.

I would like to ask these Senators to explain why they believe that Thurgood Marshall was an "activist judge." Is it because of Brown v. Board of Education? That is the main reason why many considered him to be an "activist judge" and the reasoning behind that case makes it plainly obvious to the observer. Or is it because of this:

"the government they devised was defective from the start, requiring several amendments, a civil war, and major social transformations to attain the system of constitutional government and its respect for the freedoms and individual rights, we hold as fundamental today."

Or this?

"Some may more quietly commemorate the suffering, struggle, and sacrifice that has triumphed over much of what was wrong with the original document, and observe the anniversary with hopes not realized and promises not fulfilled. I plan to celebrate the bicentennial of the Constitution as a living document, including the Bill of Rights and the other amendments protecting individual freedoms and human rights."

Interesting isn't it? That the very same people that refuse to acknowledge that Constitution is in fact a living document are the same people that want to trample on the 14th Amendment; The Establishment Clause; and add new amendments such as the marriage amendment or the parental right amendment. I guess seeing it as a living document is relative.

4 Gus  Mon, Jun 28, 2010 7:41:02pm

If it wasn't for Thurgood Marshall and other "activist judges" like him, Clarence Thomas would not have been a Supreme Court justice.

5 The Left  Mon, Jun 28, 2010 7:43:07pm

re: #3 Gus 802

Interesting isn't it? That the very same people that refuse to acknowledge that Constitution is in fact a living document are the same people that want to trample on the 14th Amendment; The Establishment Clause; and add new amendments such as the marriage amendment or the parental right amendment. I guess seeing it as a living document is relative.

Yeah, they love the Constitution. Right. /

I'm so angry about this I can't even find the words right now. But I will, oh yes I will.

Activist judge and commie? Marshall. Staunch patriot and strict constuctionalist? Roy Moore.

Fucking wingnuts, how do they work????

6 The Left  Mon, Jun 28, 2010 7:44:01pm

re: #4 Gus 802

If it wasn't for Thurgood Marshall and other "activist judges" like him, Clarence Thomas would not have been a Supreme Court justice.

....and Barack Obama would not be the POTUS.

Captain, I believe we have an explanation....

7 Gus  Mon, Jun 28, 2010 7:46:31pm

re: #5 iceweasel

Yeah, they love the Constitution. Right. /

I'm so angry about this I can't even find the words right now. But I will, oh yes I will.

Activist judge and commie? Marshall. Staunch patriot and strict constuctionalist? Roy Moore.

Fucking wingnuts, how do they work???

Like magnets. I was asking myself a similar question just now. What planet are these people such as Sessions from? From what rock did they crawl out out from under?

8 Gus  Mon, Jun 28, 2010 7:48:29pm
9 The Left  Mon, Jun 28, 2010 7:48:31pm

re: #7 Gus 802

Like magnets. I was asking myself a similar question just now. What planet are these people such as Sessions from? From what rock did they crawl out out from under?

Yep.

I want to popularise (and create) the meme "Fucking wingnuts, how do they work?" At this point that's pretty much my only comment. Every day is crazier than the last.

10 Gus  Mon, Jun 28, 2010 7:51:06pm

re: #9 iceweasel

Yep.

I want to popularise (and create) the meme "Fucking wingnuts, how do they work?" At this point that's pretty much my only comment. Every day is crazier than the last.

It's the 1980s all over again and they're not even in the majority. Everyday is crazier than the last and everyday we are seeing more and more extremist candidate being exposed around the land. The frightening thing is that by and large they are "polite" bigots which leaves them unchecked by not only the media but by the general population.

11 Gus  Mon, Jun 28, 2010 7:52:46pm

In wingnut speak activist probably equals uppity in this case.

12 The Left  Mon, Jun 28, 2010 7:54:18pm

re: #11 Gus 802

In wingnut speak activist probably equals uppity in this case.

It always has!
Hang on, I'm making a present for you. Don't leave. :)

13 Gus  Mon, Jun 28, 2010 7:56:45pm

re: #12 iceweasel

It always has!
Hang on, I'm making a present for you. Don't leave. :)

OK

Would be nice to find the etymology of "activist judge".

14 zora  Mon, Jun 28, 2010 7:58:01pm

still salty about brown v. the board of education. and when they talk about the country they want back, you can be sure that it includes segregated schools.

15 The Left  Mon, Jun 28, 2010 8:06:45pm

re: #13 Gus 802

OK

Would be nice to find the etymology of "activist judge".

here ya go.

Kagan hearing

16 Gus  Mon, Jun 28, 2010 8:10:29pm

This would be one origin:

Arthur Schlesinger Jr. introduced the term "judicial activism" in a January 1947 Fortune magazine article titled "The Supreme Court: 1947."

Schlesinger's article profiled all nine Supreme Court justices on the Court at that time and explained the alliances and divisions among them. The article characterized Justices Black, Douglas, Murphy, and Rutledge as the "Judicial Activists" and Justices Frankfurter, Jackson, and Burton as the "Champions of Self Restraint." Justice Reed and Chief Justice Vinson comprised a middle group. — Keenan D. Kmiec

From the very beginning, the phrase was controversial. An article by Craig Green, An Intellectual History of Judicial Activism, is highly critical of Schlesinger's use of the term. "Schlesinger’s original introduction of judicial activism was doubly blurred: not only did he fail to explain what counts as activism, he also declined to say whether activism is good or bad."

Ironically Schlesinger went on to support Senator Robert F. Kennedy's bid for the presidency.

Also referenced in Brown v. Board of Education:

Conference notes and draft decisions illustrate the division of opinions before the decision was issued. Justices Douglas, Black, Burton, and Minton were predisposed to overturn Plessy. Fred M. Vinson noted that Congress had not issued desegregation legislation; Stanley F. Reed discussed incomplete assimilation and states' rights and was inclined to the view that segregation worked to the benefit of the African-American community; Tom C. Clark wrote that "we had led the states on to think segregation is OK and we should let them work it out." Felix Frankfurter and Robert H. Jackson disapproved of segregation, but were also opposed to judicial activism and expressed concerns about the proposed decision's enforceability. After Vinson died in September 1953, President Eisenhower appointed Earl Warren as Chief Justice. Warren had supported the integration of Mexican-American students in California school systems following Mendez v. Westminster.

Brown v. Board of Education is considered an example of judicial activism. The decision was unanimous in the Supreme Court and it was joined by Dwight D. Eisenhower's nominee Chief Justice Earl Warren.

Thurgood Marshall was not a justice in Brown v. Board of Education. He was NAACP's chief council for the plaintiffs.

The NAACP's chief counsel, Thurgood Marshall—who was later appointed to the U.S. Supreme Court in 1967—argued the case before the Supreme Court for the plaintiffs. Assistant attorney general Paul Wilson—later distinguished emeritus professor of law at the University of Kansas—conducted the state's ambivalent defense in his first appellate trial.

Thurgood Marshall was confirmed by the Senate by a vote of 69 to 11. 10 of those Senators were from the South.

Senate Confirms Marshall As the First Negro Justice; 10 Southerners Oppose High Court Nominee in 69-to-11 Vote

17 Gus  Mon, Jun 28, 2010 8:12:07pm

re: #15 iceweasel

here ya go.

Kagan hearing

Funny! I can haz no activists!

By the way. Just in case anyone else is reading. Jeff Sessions is a Senator for the state of Alabama.

(cough)

18 Gus  Mon, Jun 28, 2010 8:16:34pm

More on Jeff Sessions:

At Sessions' confirmation hearings before the Senate Judiciary Committee, four Department of Justice lawyers who had worked with Sessions testified that he had made several racist statements. One of those lawyers, J. Gerald Hebert, testified that Sessions had referred to the National Association for the Advancement of Colored People (NAACP) and the American Civil Liberties Union (ACLU) as "un-American" and "Communist-inspired" because they "forced civil rights down the throats of people." Hebert said that Sessions had a tendency to "pop off" on such topics frequently and had once called a White civil rights lawyer who dealt with Voting Rights suits a "disgrace to his race."

Thomas Figures, a Black Assistant U.S. Attorney, testified that Sessions said he thought the Klan was "OK until I found out they smoked pot." Figures also testified that, on one occasion, when the U.S. Department of Justice Civil Rights Division sent the office instructions to investigate a case that Sessions had tried to close, Figures and Sessions "had a very spirited discussion regarding how the Hodge case should then be handled; in the course of that argument, Mr. Sessions threw the file on a table and remarked, 'I wish I could decline on all of them,'" by which Figures said Sessions meant civil rights cases generally. After becoming Ranking Member of the Judiciary Committee, Sessions was asked in an interview about his civil rights record as a U.S Attorney. He denied that he had not sufficiently pursued civil rights cases, saying that "when I was [a U.S. Attorney], I signed 10 pleadings attacking segregation or the remnants of segregation, where we as part of the Department of Justice, we sought desegregation remedies."

Figures also said that Sessions had called him "Boy." He also testified that "Mr. Sessions admonished me to 'be careful what you say to White folks.'"

CONTINUES

19 The Left  Mon, Jun 28, 2010 8:33:05pm

re: #18 Gus 802

@#$%!

You should do a whole page just on that. Definitely.

20 Gus  Mon, Jun 28, 2010 8:35:44pm

re: #19 iceweasel

@#$%!

You should do a whole page just on that. Definitely.

Hope this will do for now. I get lazy sometimes if you know what I mean.

21 Aye Pod  Mon, Jun 28, 2010 8:48:19pm

re: #2 iceweasel

Which founding fathers have they kicked out of the club so far?

Damn you, John Adams, ya fancy-talkin' eleetist gubbmint lawyer from Taxachusetts! /

I created this in jest, but I can see these freaks putting it to entirely non-ironic use soon:

Image: Cloneof1789.jpg

22 Aye Pod  Mon, Jun 28, 2010 8:57:23pm

re: #18 Gus 802

"...he thought the Klan was "OK until I found out they smoked pot."

A guy for whom the KKK was just a tad too socially liberal. Jesus tittyfucking christ.

23 Gus  Mon, Jun 28, 2010 8:58:57pm

re: #22 Jimmah

A guy for whom the KKK was just a tad too socially liberal. Jesus tittyfucking christ.

Amazing isn't it? He used to think the KKK was swell until he found out it was full of the beer and pot crowd.


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