Slashdot Mirror


Chief Justice Rehnquist Dies at 80

After 33 years at the bench, Supreme Court Chief Justice William Rehnquist has passed away at the age of 80 due to thyroid cancer. This comes after the retirement of Sandra Day O'Connor from the court over the summer. Rehnquist's passing gives President Bush the opportunity to replace the second justice of his term, this time perhaps to assume the highest role in the judicial system.

116 of 730 comments (clear)

  1. Rest in peace my friend by Anonymous Coward · · Score: 5, Insightful

    fuck all the politics , lets remember the man..

    1. Re:Rest in peace my friend by JMZorko · · Score: 3, Insightful

      Agreed. Be thee liberal, conservative, or somewhere in between, this justice performed his duties to the best of his ability, to the very, very end. That shows a certain passion, a certain true belief in what you're doing.

      Regards,

      John

      --
      Falling You - beautiful
    2. Re:Rest in peace my friend by mnemonic_ · · Score: 2, Interesting

      We always need a hero. When there are none, we create them. We forget that Colin Powell wanted to invade Iraq, that Pope John Paul II's peaceful words toppled no governments, that Che Guevara executed more political prisoners than anyone he opposed. Without heroes, life is just too boring.

    3. Re:Rest in peace my friend by Anonymous Coward · · Score: 3, Insightful

      Sorry, but I don't care what you do on the bench - if you are part of a political party, you have no business being on the supreme court. The supreme court and the constitution is not a place for pushing republican values or democratic values. It's a place for adhering to the constitution. Period.

    4. Re:Rest in peace my friend by Clay+Pigeon+-TPF-VS- · · Score: 2, Insightful

      Good luck getting someone without any political connections through the selection and confirmation process. You won't get nominated if you don't have someone's ear.

      --
      Viral software licensing is not freedom, it is in fact GNU/Socialism.
    5. Re:Rest in peace my friend by rolfwind · · Score: 5, Insightful

      fuck all the politics , lets remember the man..

      Agreed and Disagreed.

      Agreed with anything relating to Renquist.

      Disagreed when it comes time to replace him.

      Because the Supreme Court is more important than the President and Congress. It's pathetic and sad, but true, they are the last line of defense between the government and the Constitution.

      Especially in recent times as the executive and legislative branches grab more and more money and power for themselves in the guise of representing the people - the Supreme Court seems to be the one branch actually interested in what the Constitution says other than figuring ways around it (even though I think that's going down the drain slowly too with that last property & profit decision in June).

      It's harder to buy a judge - they don't need reelecting. There's only nine of them (easier to monitor them unlike Congress) and they don't try to do as much in secrecy as say, the White House.

      Plus, except for death and voluntary retirement, most Supreme Judge's terms extend right past the president that nominates them. the congress that confirms them into infinity.

      Their biases alone will not only determine crap like abortion, but whether highstake legisition like DMCA is constitutional. Multiply that by all the technologicial issues (stem cell, cloning, etcetera) and you can easily see the Supreme Court as the trump card of any movement - be it conservative, liberal, free software, open software, etcetera.

      It comes down to them.

      I would dare say in the longterm, the two upcoming new Justices (whoever they may be) will impact us more than any elected politician short of President ever will.

    6. Re:Rest in peace my friend by Anonymous Coward · · Score: 5, Insightful

      Hear hear.

      Though like many Slashdotters I am a left-winger, I really appreciate how so many of our compatriots not only vote but also so clearly care about values and ethics. Renquist was one of America's great justices.

      Slashdot Politics could be a powerful force if properly directed!

      Keep up the great work,
      -joshua

    7. Re:Rest in peace my friend by Alsee · · Score: 3, Informative

      Indeed. He did his best to try to keep to the consitution.

      Sure, however he had a very ... peculiar ... understanding of the constitiution. He also had an extremely ... selective ... version of history to fit his idiology.

      Rehnquist was almost fanatical in his efforts to reject Separation Of Church And State as some sort of mistaken view by that know-nothing freak Thomas Jefferson. Well one thing that Rehnquist and I agree on is that the formost authority on the meaning of the First Amendment was James Madison. However Rehnquist was quite selectively blind to Madison's many declarations on the subject.

      The civil Government, though bereft of everything like an associated hierarchy, possesses the requisite stability, and performs its functions with complete success, whilst the number, the industry, and the morality of the priesthood, and the devotion of the people, have been manifestly increased by the total separation of the church from the State -- James madison March 2, 1819

      Strongly guarded as is the separation between religion and & Gov't in the Constitution of the United States the danger of encroachment by Ecclesiastical Bodies, may be illustrated by precedents already furnished in their short history -- James Madison circa 1820

      Every new and successful example, therefore, of a perfect separation between the ecclesiastical and civil matters, is of importance; and I have no doubt that every new example will succeed, as every past one has done, in showing that religion and Government will both exist in greater purity the less they are mixed together -- James Madison July 10, 1822

      I must admit moreover that it may not be easy, in every possible case, to trace the line of separation between the rights of religion and the civil authority with such distinctness as to avoid collisions and doubts on unessential points. The tendency to a usurpation on one side or the other or to a corrupting coalition or alliance between them will be best guarded against by entire abstinence of the government from interference in any way whatever, beyond the necessity of preserving public order and protecting each sect against trespasses on its legal rights by others. -- James Madison March 2, 1819

      Having always regarded the practical distinction between Religion and Civil Government as essential to the purity of both, and as guaranteed by the Constitution of the United States -- James Madison June 3, 1811

      a perfect separation between the ecclesiastical and civil matters, is of importance; and I have no doubt that every new example will succeed, as every past one has done, in showing that religion and Government will both exist in greater purity the less they are mixed together.

      We are teaching the world the great truth, that Governments do better without kings and nobles than with them. The merit will be doubled by the other lesson: the Religion flourishes in greater purity without, than with the aid of Government
      -- July 10, 1822

      proved that it[religion] does not need the support of government and it will scarcely be contended that government has suffered by the exemption of religion from its cognizance, or its pecuniary aid. -- James Madison 1832

      The settled opinion here is, that religion is essentially distinct from civil Government, and exempt from its cognizance; that a connection between them is injurious to both; that there are causes in the human breast which ensure the perpetuity of religion without the aid of the law -- James Madison March 18, 1823

      Rehnquist tried to claim that the only thing meant and prohibited by the Establishment Clause was an offical National Church. However Madison made it quite clear that is an absurd construction. Is the appointment of Chaplains to the two Ho

      --
      - - You can't take something off the Internet! That's like trying to take pee out of a swimming pool.
    8. Re:Rest in peace my friend by Joe+U · · Score: 4, Insightful

      they are the last line of defense between the government and the Constitution.

      Actually, the people are.

    9. Re:Rest in peace my friend by e.+boaz · · Score: 2, Interesting
      they [the Supreme Court Justices] are the last line of defense between the government and the Constitution.

      Actually, the people are.

      Yes, it is we the people who are the last line of defense between the constitution and the government. The First and Second Ammendments are what protect our ability to keep the government in check. Too bad that we the prople have forgotten our duty and responsibility to do this.

      P.S. Before I forget, since I've seen a few posts screaming about it, the court decision regarding private property was based off state law. The state law of Connecticut allowed the state to use its power of eminent domain for public use or public benefit. This is why the Supreme's made their decision ... they were reviewing a state law and a state court case, not a Federal law. This only affects those states who's takings clause allow for takings for public benefit. IANAL, YMMV, etc.
    10. Re:Rest in peace my friend by MutantHamster · · Score: 2, Insightful
      Did you know him? Shut the hell up.

      I'm going to go out on a limb here and assume that neither you nor anyone you immediately know was planning on going before the supreme court any time soon, and as sad as it is when any one person dies, it really doesn't affect you. And you know it, so quit acting like you care.

      --
      My Greatest Heist - Muisc partly inspired by the unbeatable Qwantz
  2. I vote for Judge Judy by Anonymous Coward · · Score: 5, Funny

    She will kick ass.

    1. Re:I vote for Judge Judy by pallmall1 · · Score: 2, Funny

      Judge Judy's the one. I can hear it now, "You got a patent for what! The Smiley Face! Well, maybe you can get a patent on the frown you'll see in the mirror when I'm through with you."

      --
      3 things about computers: they're alive, they're self-aware, and they hate your guts.
  3. Armageddon is upon us! by NtroP · · Score: 4, Funny

    I hear cries of woe and lamentations from the liberals all over the world tonight!

    --
    "terrorism" and "pedophilia" are the root passwords to the Constitution
  4. Re:slashdot by FunkSoulBrother · · Score: 5, Insightful

    Considering the sweeping implications, I'd say it falls squarely under "stuff that matters".

  5. And after the next one... by Mister+Impressive · · Score: 2, Funny

    ... after the next Supreme Court Chief Justice dies, make way for Bart Simpson.

    --
    Let the commencement BEGINULATE!
  6. Let's get this over with by xactuary · · Score: 4, Funny

    I, for one, welcome our new Chief Justice Ballmer to lead us!

    --
    Say hello to my little sig.
    1. Re:Let's get this over with by pallmall1 · · Score: 2, Funny

      I, for one, welcome our new Chief Justice Ballmer to lead us!

      Ha ha! Ballmer'd finally get to tell Bill Gates what to do!

      --
      3 things about computers: they're alive, they're self-aware, and they hate your guts.
  7. Oh yeah! by mcgroarty · · Score: 3, Insightful
    It's time for Chief Justice Pat Robertson!

    Seriously though. When can we get someone who wasn't in line to buy grandkids Pong when it first came out? I'm not concerned about the political leanings so much as I am about getting someone who doesn't think "The Internet" is a feature of premium adult diapers.

    1. Re:Oh yeah! by cyberfunk2 · · Score: 2, Insightful

      I'm not sure you give our judicial enough credit...

      I think as part of their duty to be informed on the issues that these people know what the internet is. Hell, they probably even use E-MAIL.

      Not all old people are intrinsically tech-unsavvy. In particular, I dont think that SC justices can afford to be unsavvy; Their posistion is so important that it demands savvy as part of the job. And I DO think these people take their job seriously.

    2. Re:Oh yeah! by CosmeticLobotamy · · Score: 2, Insightful

      I'm not concerned about the political leanings so much as I am about getting someone who doesn't think "The Internet" is a feature of premium adult diapers.

      Even if the next guy were 25, you'd still have a 1-in-50 chance of getting someone that has a clue how to run Windows Update, and then you'd be stuck with him for 60 years.

      I'd rather have someone who knew the ins and outs of what huge corporations are allowed to do than someone who knows FORTRAN, and that kind of stuff usually takes a few decades to learn and to demonstrate that knowledge.

      Of course, the next guy will be picked based on who his golfing buddies are, but still, oldness isn't a problem for most issues. Provided they're in good health, of course.

    3. Re:Oh yeah! by toddbu · · Score: 2, Insightful
      When can we get someone who wasn't in line to buy grandkids Pong when it first came out?

      I was just having a conversation with a friend about technology when this news came out. I was asking him whether technology was really making our lives better, or whether it was making them different. While I'd like to have someone on the court who understands how to boot a machine (or better yet, what mkinitrd does), in some ways I wonder whether that would really be better. After all, we owe our whole existence as a nation to documents that are more than 200 years old (even older than that if you include the Magna Carta), so why should we think that the technological revolution that we're currently undergoing is making that much of a difference in the grand scheme of things. While I think that Rehnquist was wrong with siding so strongly with copyright holders as he did in the Grokster case, I think that it was good to have someone considering the case who didn't have a copy of BitTorrent running in his office.

      I, for one, would welcome another appointment like Rehnquist. Whether you agreed with his decisions or not, he was a man who was dedicated to his work.

      --
      If you don't want crime to pay, let the government run it.
    4. Re:Oh yeah! by Kjella · · Score: 2, Insightful

      Seriously though. When can we get someone who wasn't in line to buy grandkids Pong when it first came out?

      When you have someone with the relevant years of legal experience. There's no second-guessing these appointments, once made they are made. The only real way to verify their qualifications is to review their cases. Obviously you need first a law degree (long education), then you will usually be doing menial jobs for a while before you even begin to gather cases worth reviewing. With one exception in the early 1800s, no supreme justice has been under the age of 40. This is how it should be.

      That being said, there are some judges that are in fact knowledgable about computers and the internet, just like not all Internet gurus are born after 1980. You should also remember that their job doesn't require them to "understand" something as such, they can deal with a case about malfunctioning cars without understanding how a car works. What they need to know from a legal point of view is rather different from what an IT person would need to know.

      --
      Live today, because you never know what tomorrow brings
  8. Re:YRO? by cyberfunk2 · · Score: 2, Funny

    You DO realize what the Supreme court rules on right ?

    Things like.. oh.. say.. the DMCA.

  9. Re:YRO? by grungebox · · Score: 4, Informative

    Obviously important, but your rights online??!?

    Did Grokster matter to you? Guess who decided that? It rhymes with "Mupreme Mort". The people who comprise that court have a very important influence on your rights, even online. Child Online Protection Act, Grokster, inevitable decisions on the Patriot Act and the DMCA, to name a few. So, yes, his death is important to your rights online. Sorry for the condescending rant. Well, not really.

  10. Correct me if I'm wrong... by SynapseLapse · · Score: 3, Informative

    But wasn't Televangelist Pat Robertson praying for the death of a supreme court judge? If so.... @_@

    1. Re:Correct me if I'm wrong... by Nasarius · · Score: 4, Insightful
      Ever heard of retirement?

      Supreme Court justices tend to retire only for severe health reasons that prevent them from carrying out their duties. Praying for that is disgusting.

      --
      LOAD "SIG",8,1
    2. Re:Correct me if I'm wrong... by Geoffreyerffoeg · · Score: 2, Interesting

      But who am I kidding, most of you dont like Pat Robertson anyway

      What reason is there to like him?

      I'm speaking as a Christian here. Is this guy any different from a subversive hellbent on libeling the term "Christian"?

      There is no anti-Christian rhetoric here except yours. If Mr. Robertson gets off the air, he will do a great service for Christianity. The religion is not about killing some people and condemning the rest. It's about loving your enemies.

  11. Obvious issues... by RyanFenton · · Score: 4, Interesting

    Clinton got his two nominees, looks like Bush will get his two also.

    Just hope this won't immediatly swing the issues of legal abortion and religious coersion too far to the right when all is said and done. Right wing judges aren't insane, but they are at least as activist on their core issues.

    Ryan Fenton

    1. Re:Obvious issues... by Decker-Mage · · Score: 3, Insightful
      Pardon me, but how is it activist to actually discuss the law in terms that the founding fathers intended? I'm not a Christian, never have been, but it's part and parcel of the Declaration of Independence (Creator anyone?) and the Constitution (God anyone?). As for abortion, although it existed as did drug abuse in the eighteenth century, neither was addressed as they shouldn't be addressed except in terms of the 10th Amendment which was put in the Bill of Rights for exactly that reason. These are state issues or personal issues. It is no concern of the federal government as are a lot of things that the federal government has decided to become concerned with lately (since the '60's).

      Sorry, but Jefferson and Madison knew what the frag they were doing when they set up our structure of government as anyone would know from their writings if they bothered to read, which sad to say is no longer part of the curricula of education today. No surprise that as it would torpedo the so-called liberal agenda today.

      I'm still ticked that the left today has stolen our good "liberal" name, so much so that we have to call ourselves "classical liberals". Jefferson, and to a lesser extent Madison, are my mentors.

      --
      "[I]t is a wise man who admits the limits of his knowledge or skill, and that pretending either causes harm." --Terry Go
    2. Re:Obvious issues... by bl968 · · Score: 5, Informative

      Here's a nice article with lots of facts for you to ignore on our godless consitution. It wasn't accidental it was intentional.

      "In 1797 our government concluded a "Treaty of Peace and Friendship between the United States of America and the Bey and Subjects of Tripoli, or Barbary," now known simply as the Treaty of Tripoli. Article 11 of the treaty contains these words:

      As the Government of the United States...is not in any sense founded on the Christian religion--as it has in itself no character of enmity against the laws, religion, or tranquillity of Musselmen--and as the said States never have entered into any war or act of hostility against any Mehomitan nation, it is declared by the parties that no pretext arising from religious opinions shall ever produce an interruption of the harmony existing between the two countries.

      This document was endorsed by Secretary of State Timothy Pickering and President John Adams. It was then sent to the Senate for ratification; the vote was unanimous. It is worth pointing out that although this was the 339th time a recorded vote had been required by the Senate, it was only the third unanimous vote in the Senate's history"

      --
      "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
    3. Re:Obvious issues... by lheal · · Score: 2, Insightful
      Just hope this won't immediatly swing the issues of legal abortion and religious coersion too far to the right when all is said and done. Right wing judges aren't insane, but they are at least as activist on their core issues.

      Sigh. Since Rehnquist was a conservative, replacing him with another conservative won't change the balance of the Court.

      "Activist" judges create law by their decisions. OTOH, most judges want to try the case in front of them, or even better, to have the parties settle. That is as it should be. The courts should be trying to make themselves unnecessary. Judges usually don't want to find anything "new".

      Conservative judges are typically "constructionists", meaning that they tend to view the law through the lens of authority. The Constitution, common law, statutory law, established case law are their authority, and their job is to make the system internally consistent.

      Activist judges see their job as a means of achieving justice, regardless of what the current law is, whatever its source. And they think they know "justice" better than anyone else does. They think their job is to make the system consistent with external reality, not necessarily with past legal precedent.

      Besides, Justices often don't behave the way they're expected to. I imagine it is a profound experience to become a USSC Justice, freeing one from any need to toe a party line. Also, in lower courts judges are primarily trying cases, while at the SCOTUS level they're primarily judging the law. Since they are judging both the merits of a case and the laws under which the case is being argued, it's hard to say how a particular Justice will rule on a case. A judge's track record and even any views expressed before being appointed to the Court are not necessarily predictive.

      --
      Raise your children as if you were teaching them to raise your grandchildren, because you are.
    4. Re:Obvious issues... by bl968 · · Score: 2, Interesting

      Try this for a shot across your bow. The rest of your argument is simple. It all comes down to the definition of the word liberty. Here's a really good article about it. Permission to repost it given by the author.

      The Very Very Sexy Fourteenth Amendment
      By: American Dissent Radio
      ©2005, Chris Cronin

      Quoted from their July 10th show. (mp3)

      They have a podcast and one I enjoy listening to.

      Well, the floor of the Senate is about to heat up with sex, sex, sex. Homosexual sex, pornography, abortion after casual sex, sodomy of all kinds, use of contraceptives and sex toys. Washington is about to become lewd, lascivious and downright raunchy. It may even get into S&M. All thanks to that filthy amendment fourteen. Yeah, that's right. We're going to talk about fourteen. Put the kids to bed, and turn the lights down low.

      While the First Amendment is the popular one -- the one you bring up when you're friends tell you to shut up already, or when public school boards start quoting Deuteronomy -- the Fourteenth Amendment is the one we invoke when we want to do something so nasty that the law forbids it. Okay, the amendment does more than that, but you've got a jog button on your .mp3 player, and if I started this by explaining "substantive due process" you'd be off listening to The Pixies, or some other worthy music by now. But the Fourteenth Amendment has been invoked muchly in the courts as our shield for citizens' moral choices in opposition of legal prohibition, so it's actually honest to start this topic talking about hot, hot sex.

      So what's so interesting about the Fourteenth Amendment these days? Well, I predict that you are going to hear much about it over the next few weeks as the Senate Judiciary Committee debates Bush's appointed nominee or nominees for the Supreme Court vacancy that's been announced, and for any others that are on the horizon.

      Back in 1991, I had pneumonia and was laid up while Anita Hill and her former colleagues were being grilled by the Senate Judiciary committee. I don't know who had the worse week, me, Clarence or Anita. For those who remember that tawdry moment in American judicial history, Clarence Thomas was nominated to the Supreme Court by George Bush the Elder, when up from Thomas' past came a woman who claimed that he sexually harassed her when they worked together around ten years previously.

      What followed was an inept attempt by senators to have a useful discussion about the allegations. The committee held hearings for a week grilling Hill and her colleagues about when Thomas may or may not have made a lewd remark, and whether the remark was original to him, or taken from a book, or Hill's imagination. The phrase "private parts" was uttered often that week. How degrading. Not because senators had to stoop so low, but because they were afraid to say "penis," "pubic hair," "sex organs" or other more accurate phrases. But it was also degrading because it was so unnecessary.###

      What the Senate's Judiciary Committee should have done was to simply ask, "These are serious charges, but do we see a tendency for Thomas to either act in this way, or for this kind of personality flaw to corrupt his legal judgment or authority?" I'm not excusing sexual harassment, but simply acknowledging that he-said, she-said contributions to a job interview can be better handled than by entertaining accusations and refutations. Ironically, Thomas' appointment to the Supreme Court was to replace Thurgood Marshall, a notorious womanizer. Marshall and William Douglas, both notorious Supreme Court Justice womanizers, served the liberal agenda quite well. What was the sudden problem with womanizing in the Supreme Court? Politics, of course. Prurient opportunism from the left.

      Now, come on. You didn't think the left was above the fray, did you?

      But aside from that,

      --
      "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
    5. Re:Obvious issues... by Jah-Wren+Ryel · · Score: 4, Insightful

      I'm not a Christian, never have been, but it's part and parcel of the Declaration of Independence (Creator anyone?) and the Constitution (God anyone?).

      What are you talking about? Neither of the words "god" or "creator" occur even once in the US Constitution. Meanwhile, in the Declaration of Independence the actual terms that occur are "Nature's God" and "Creator" - neither of which says a ringy-ding-ding about a Christian God. Certainly there is NO mention of Christ, Messiah, Yahweh, Prophet, Bodhisattva, Kalima, or any other specific diety or divine office.

      Furthermore, there is no indication whatsoever, and plenty of indication to the contrary, in those documents that religion - any religion - should even be acknowledged by the state.

      This is where Scalia and his claims of being a "strict constructionist" fall apart. For the most part his words and deeds match, but once religion comes into the picture he's just waving his hands and hoping nobody examines his justifications too closely, because when you do, you see just how far he has to reach to bring his god into the arena.

      --
      When information is power, privacy is freedom.
    6. Re:Obvious issues... by AaronW · · Score: 4, Interesting

      One other thing to remember is that Clinton ran his choices before the republicans before he nominated them before the republicans came to power in the 1994 election. That's why in 1993 the judiciary committee voted unanimously to accept Ruth Bader Ginsburg and unanimously voted for Stephen Breyer in 1994 when democrats were still in charge. He made a real effort to work with them. For Ruth Bader Ginsburg, the senate voted 96 to 3 in favor. For Stephen Breyer was confirmed 89 to 9. Bush, on the other hand, has done everything within his power to totally ignore the democrats or even antagonize them. See http://hnn.us/articles/13357.html for a history of Clinton's appointees.

      --
      This post is encrypted twice with ROT-13. Documenting or attempting to crack this encryption is illegal.
  12. Pat Robertson prophecy confirmed by timeOday · · Score: 2, Funny

    Here he was just a few weeks ago calling down "additional vacancies occur within the Supreme Court," and Shazzam!

    1. Re:Pat Robertson prophecy confirmed by squiggleslash · · Score: 3, Funny

      So essentially God has a sense of humour?

      --
      You are not alone. This is not normal. None of this is normal.
  13. Well fuck. by cpt+kangarooski · · Score: 2, Insightful

    Bush gets two appointments now? How screwed are we.

    Though I was not a big fan of Rhenquist -- many of his positions on the Court, his work in the Nixon administration, his fashion sense -- he surely will be better than whoever we get next.

    --
    -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    1. Re:Well fuck. by Martin+Blank · · Score: 4, Insightful

      It's a pretty common number. Clinton got two, the elder Bush got two, Reagan got two. Even Ford got one. Nixon got three, and Johnson and Kennedy each got two. Ike got four.

      Carter seems to have been the only president in the last century that hasn't appointed anyone to the Supreme Court.

      --
      You can never go home again... but I guess you can shop there.
  14. Say the words: by Philip+K+Dickhead · · Score: 2, Funny
    "Chief Justice Scalia"

    Now, go change your soggy trousers.

    --
    "Speaking the Truth in times of universal deceit is a revolutionary act." -- George Orwell
  15. Comment removed by account_deleted · · Score: 5, Insightful

    Comment removed based on user account deletion

  16. I predict... by Deacon_Yermouf · · Score: 3, Funny

    ... that this sesssion of Congress will be filled with love, cooperation, friendship, and togetherness.

  17. Re:YRO? by John+Seminal · · Score: 5, Insightful
    Obviously important, but your rights online??!?

    Are you stupid. The court has more power than the president. They are the only institution that can VETO both the president and congress. They are a staple of humainty.

    Back when the court was something, they are the ones who told the police they must read rights to people. Back then, the courts said that people could not be taken by government for no reason. That government could not look at your reading list and label you as a terrorist because you read Carol Marx. Do you know how many Joe McCarthy's there are in government, and how the courts have stopped them?

    Times are changing.

    Why did Rehnquist not retire? Why did he stay when he was sick? Was he this sick? Why did Vincent Foster kill himself in a public park?

    --

    Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

  18. Re:All over the world? by doxology · · Score: 2, Funny

    Why would those of us who are Amish care...we don't have rights online.

    --
    sigfault. core dumped.
  19. Possibly More then 2 by thebdj · · Score: 2, Interesting

    This is truly a sad day. It should be noted that anyone picked to replace Rehnquist though probably won't be too ideologically different. Check his history and you'll see a man who supported VERY CONSERVATIVE views. If GWB is smart, he cut a deal with the senate to appoint a more "moderate" individual in exchange for no fighting on the nominations, not likely but possible.
    It should be noted that it is possible he will get more then just the two nominations. John Paul Stevens is 85, and could possibly retire or die before the end of GWB's term. The youngest justice at present is Clarence Thomas at 57. So anything can happen in two years.

    --
    "Some days you just can't get rid of a bomb."
  20. Re:YRO? by ChairmanMeow · · Score: 2, Insightful

    Why did Rehnquist not retire? Why did he stay when he was sick? Was he this sick?

    My guess is that the reason he didn't retire was that he knew he was going to die, and he didn't want the President and Senate fighting over his position while he was still alive.

    --
  21. Re:YRO? by Anonymous Coward · · Score: 2, Funny

    They're Your Rights Online because there they go!

  22. Re:Armageddon is upon us! by Greyfox · · Score: 2, Interesting
    I reckon the Dems will nominate Hillary as their candidate and F**k up the next election, just like they did with Pinnochio-boy in the last one. Honestly I'd hoped they could find someone who wasn't made of wood. Shrub and his cyborg VP so completely outplayed the dems it wasn't even funny.

    If the dems want to continue to have a voice in the future of this country they're going to have to get some leadership that can put out a coherent statement of what the party stands for and which has more charisma than a common flatworm. The party is adrift and in disarray right now and they seem to be at a loss as to how to fix things.

    The dems have some golden opportunities with a quagmirey war in iraq, energy prices hitting levels that many Americans will find painful and a less-than-satisfactory federal response to the destruction of New Orleans. If they could put forth a coherent plan to deal with all that crap instead of the usual set of talking points that don't mean anything, they could clean up in the next couple of elections. My money is that they won't, though. *sigh*

    --

    I'm trying to teach myself to set people on fire with my mind... Is it hot in here?

  23. Re:YRO? by Anonymous Coward · · Score: 2, Funny
    Did Grokster matter to you? Guess who decided that? It rhymes with "Mupreme Mort"

    What does Grokster have to do with an "Ice Cream Quart?"

  24. A scary thought by daspriest · · Score: 3, Informative
    From TFA:
    Possible replacements include Attorney General Alberto R. Gonzales

    Based on his past memos, that would be one of the scariest things for human rights as a whole.

    1. Re:A scary thought by cnerd2025 · · Score: 3, Insightful

      "The Geneva convention is quaint and irrelevant..."

  25. A Rehnquist Story by fm6 · · Score: 4, Interesting
    Way back in 1972, when he was first appointed to the court, Rehnquist was one of its most conservative Justices. He quickly became close friends with William O. Douglas, who was far and away the most liberal Justice. The friendship was obviously motivated in part by a mutual need to bridge their ideological gap so they could work together to make law that people on both sides could live with.

    Nowadays, Washington is dominated by a self-righteous Us-And-Them mentality that makes such friendships impossible. The Supreme Court is sort of resistant to this, but is still pretty bad. And we're all suffering for it.

    1. Re:A Rehnquist Story by fishbowl · · Score: 3, Insightful

      >That's funny, I thought that the legislative branch
      > "made law". Silly me...

      Supreme Court judgements also have the weight of law, and they tend to narrow the abstract laws passed by the legislature, into concrete interpretations.

      --
      -fb Everything not expressly forbidden is now mandatory.
    2. Re:A Rehnquist Story by fm6 · · Score: 2, Insightful
      I think we should rid ourselves of the religious right.
      What, you're going to call up 80 million Americans and tell them they have to leave? Suppose they won't go?
  26. Comment removed by account_deleted · · Score: 5, Interesting

    Comment removed based on user account deletion

  27. Re:YRO? by John+Seminal · · Score: 3, Insightful
    My guess is that the reason he didn't retire was that he knew he was going to die, and he didn't want the President and Senate fighting over his position while he was still alive.

    If he was alive, he would have had power.

    Imagine the following exchange.

    Rehnquist : Mr President, I am ready to retire, but I want a replacement who is not too whack.

    President:: No!

    Rehnquist: Okay, I'll stay in office. Maybe I will live longer than the 4 years you were elected for. Maybe a democrat will win, and replace me with someone who you could never fathom. Or you could compromise.

    President: No! Now where is my cake. I was promised cake. With sprinkles.

    What sick person would cling to a job? The only reason is the job was so important that if he left, everything would get fucked up. What is going on? Think about it?

    If you had cancer, would you tell your boss at Microsoft- "Well, I got bone cancer and the doc gives me 6 months to live, but GOD DAMN IT, I WANT LONGHORN DONE RIGHT!!".

    What was Rehnquist sticking around for? What is easier? To die like he did. Or to die at home, in comfort? What was he so worried about?

    --

    Rosco: "If brains were gunpowder, Enos couldn't blow his nose."

  28. Checks and balances. by PopeOptimusPrime · · Score: 2, Interesting

    Yes, President Bush can choose a candidate he thinks is best. However, he cannot (successfully) nominate a right-wing extremist who won't conceivably pass through Congress. Yea, this is the kind of power we afford the country's highest elected official.

  29. Re:YRO? by NanoGator · · Score: 2, Funny

    "Obviously important, but your rights online??!?"

    Let's cut Slashdot a little slack. For once they reported news within 14 days of it breaking. We should pat them on the back!

    --
    "Derp de derp."
  30. Re:No cross-posting from the Democratic Undergroun by stubear · · Score: 2, Insightful

    You're forgetting the biggest chack and balance of them all for the Supreme Court; Justices are appointed for life. Many justices have gone in believing one thing, politically speaking, and ended their careers on the opposite spectrum of belief simply because they can afford that luxury. They are not beholden to the whims of Congress or the President after they've been appointed.

  31. A shame. by Devil · · Score: 3, Insightful

    Oh, well; I wasn't really using the Fourth Amendment, anyway.

    1. Re:A shame. by Anonymous Coward · · Score: 3, Funny

      Funny that you mention that, there was actually a copy in your upper left desk drawer yesterday evening. We thought it was a little ironic, considering the situation.

      -- The Police

  32. Re:those of us who aren't... by pmccurdy · · Score: 4, Insightful

    >bush's tax cuts and utterly irresponsible fiscal policy ensured
    >that we will be feeling the sting of his tax cuts for many, /
    >many/ years to come

    You mean the tax cuts that immediately followed a long-term upward trend in unemployment that turned into a steady downward trend in unemployment? You mean the tax cuts that immediately predated an upward trend in tax revenues as well as a steady increase in both the number and size of dividend payments by US corporations? Tax cuts after which followed increased entrepreneurial ventures, an increase in the number of IPOs, as well as a return to a bullish stock market?

    Oh, woe be us!

    Criticize Bush's spending if you will, but the tax cuts have been a boon to our economy.

  33. look closer by YesIAmAScript · · Score: 2, Insightful

    Bush and DeLay rail against "activist judges" when judges threaten to bring down DeLay for breaking the law.

    But when they want Terri Schaivo kept alive, they lament that the judges can't find a way to do it. They even pass specific laws to have judges look again, even after the judges (who do know their jobs) say there is nothing they can do.

    This whole thing is a canard so the Repubs can undermine judges in preparating for the time when all these illegal deeds (locking people up without trial, DeLay's myriad election misdeeds) are declared illegal by the judges.

    Furthermore, the whole idea that judges aren't there to read between the lines runs afoul of two things.

    1. The whole point of the judicial branch is to interpret the law.
    2. Anyone who has been to law school (or heck, watched The Paper Chase) knows that the law can never be completely specific. The world changes, the law doesn't change as quickly. It is invetiable judges will have to make determinations where the law doesn't cover.

    I fully agree that when Congress acts, judges should follow those laws. I fully believe it is Congress' job to change the law. But when there are gaps, it is the Judicial branch's job to make determinations as to what should be done, at least until Congress can go back and make more specific laws.

    So, the abortion thing comes up because there is no law specifically addressing it. Well, no law that wasn't found to conflict with the Constution, or more specifically the Bill of Rights.

    See, a big part of the problem is the Constitution is the highest law of the land and it is terribly vague in many areas. "Life, Liberty and the Pursuit of Happiness"? That's the supreme law of the land, it's in the Constitution. It is up to a judge to determine what that means, barring an ammendment which clarifies it.

    Anyway, this whole thing torques me off, since just last week Scalia was mouthing off, making the headlines in a way very unbecoming the staid image of the Judicial branch. And he will be our next Chief Justice. Yeech.

    --
    http://lkml.org/lkml/2005/8/20/95
  34. Is Carol Marx, Karl Marx's wife? by Rhinobird · · Score: 3, Funny

    Or Groucho Marx's sister?

    --
    If Mr. Edison had thought smarter he wouldn't sweat as much. --Nikola Tesla
  35. RIP by nich0las · · Score: 3, Insightful

    I was questioning why he stayed in office when everyone was expecting him to retire. I first thought it was just to spite Bush and not give him a chance to seat someone. I think now in hind sight that was wrong. The appoinment of the Supreme court justice is a position that will(can) be held for life. I think Rehnquist is the embodiment of what true commitment is. I don't know the facts, but how many of the previous justices have died while still being seated? Rehnquist is a man, who's life story will be known by many. RIP

  36. NY Times Obituary by kevinatilusa · · Score: 2, Informative

    The New York Times has their obituary up for him at http://www.nytimes.com/2005/09/04/politics/04REHNQ UIST.OBIT.WEB.html?pagewanted=all.

    Registration required as usual, but this seems of high enough quality to make it worthwhile.

  37. Re:YRO? by kwerle · · Score: 3, Interesting

    Please watch Akira Kurosawa's Ikiru.

  38. Comment removed by account_deleted · · Score: 2, Insightful

    Comment removed based on user account deletion

  39. Re:YRO? by sd_diamond · · Score: 2, Funny

    Back when the court was something, they are the ones who told the police they must read rights to people. Back then, the courts said that people could not be taken by government for no reason. That government could not look at your reading list and label you as a terrorist because you read Carol Marx.

    Actually, I heard she stole most of her ideas from her husband.

  40. Re:YRO? by TheWanderingHermit · · Score: 4, Informative

    I love it when I'm in a discussion and someone quotes the Bible to prove me wrong. (I know that's not what you were doing -- trying to prove the AC wrong, but I think you'll agree with my point.)

    When someone does that, I start asking them a lot of questions about the Bible -- not what's in it, but when it was written, when the gospels were written, what sources the writers used, and so on. I have yet to meet someone who uses the Bible as an authority and a "that proves it all" source that has any clue about how it was put together and that the process that brought it into its present form is not at all what they think. Most people who quote the Bible to me are fundies, many of whom hate the Roman Catholic Church, and they get REALLY pissed when I can give them enough history to show them it was that very same church that is responsible for what was put in and left out of the Bible.

    I know they're stuck in a mindset and won't change, but after bringing it up with me, they usually go away frustrated. I can only hope that they've heard enough that they start to think, instead of quote what they've been told.

  41. Two sides to every story... by sd_diamond · · Score: 5, Insightful

    Since blasting McCarthy is so popular, how about another side to the story http://www.aim.org/publications/aim_report/2003/13 .html

    OK, that's... interesting.

    For those that don't have time to RTFA, here's a time-saving summary:

    "There were some Commies and spies (hey, aren't they all really the same anyway?) living in the U.S., so McCarthy was perfectly justified in destroying as many lives as he wished."
  42. Re:All over the world? by sd_diamond · · Score: 2, Funny

    Why would those of us who are Amish care...we don't have rights online.

    ISIAH!! SLASHDOTTING AGAIN? You are in SO much trouble, young man!

  43. More power? How do you figure that? by SuperKendall · · Score: 2, Informative

    How does a court that can only CANCEL actions taken by other branches of the government wield "more power" than the president - especially when issues have to be raised to them FIRST my citizens with problems!

    If Congress passes some law tomorrow that the court wanted to strike down, they could do absolutley nothing about it until a case is brought before them.

    So how does a body with no control over the armed forces, and no direct way to influence laws under debate have "more power" than the President?

    By design the courts are to be equals with the executive branch. Not superiors, nor does anything they can do tend to lead in that direction.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
  44. Re:he knew the danger by TooManyNames · · Score: 5, Insightful
    Yeah, damn those Republicans and their obvious endorsement of all things corporate. Oh wait, which side of the court voted to allow corporations to swipe land from citizens in the interests of the so called public good? Hmmm, couldn't have been our liberal saviors could it? Let's think about Kelo v. City of New London for a while... Oh wait, yeah, the 5-4 decision expanding eminent domain to include corporate interests was completely the work of the John Paul Stevens, Anthony Kennedy, David Souter, Stephen Breyer and Ruth Bader Ginsburg. Not exactly your model Republicans.

    Open your eyes for just a moment and realize something. Democrats are not your friends. Republicans are not your friends. Each party will seek to expand the government to suit their own interests (which is why it's so great that massive expansion in either direction isn't too easy).

    --
    "Is not a sentence" is not a sentence. Well damn.
  45. Dear Ghod, no.... by abb3w · · Score: 4, Informative
    I'm not a Christian, never have been, but it's part and parcel of the Declaration of Independence (Creator anyone?) and the Constitution (God anyone?)

    Here we go again with this old debate....

    Yes, the founders of the United States believed in God -- but this makes them Deists, not necessarily Christians. The Declaration of Independence does indeed speak of "Nature's God", and refer to mankind being "endowed by their Creator" -- but makes no mention of Christianity.

    Furthermore, NOWHERE in the Constitution do the words "God" or "Christ" appear — a point oft considered conspicuous by omission in favor of "We The People". Rather, specific references are made to separate church and state, requiring within the constituion proper "no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States", and in the Bill of Rights opening with "Congress shall make no law respecting an establishment of religion".

    Add in the evidence of the 1796 Treaty of Tripoli as ratified by Congress and as published with little stir in the Press (albeit not as drafted at the treaty table!) which declared "As the Government of the United States of America is not, in any sense, founded on the Christian religion..." , leads one to believe the Founders were doing their utmost to drag the United States away from the sectarian bloodshed that had divided Europe -- and particularly England -- for centuries.

    Jefferson is the source of the phrase "wall of separation between church and state" that the religious right so detest; a man who removed all references to the miracles from his personal transcription of the Gospels; and who felt that his authorship of the Stature of Virginia for Religious Freedom one of the accomplishments most worthy for noting in his epitaph. Living in Charlottesville and having recently visited Monticello, I feel obliged to assure you that the persistent ground vibrations you can feel standing in front of his tombstone is not the rumble of a passing truck, but Mister Jefferson spinning in his grave from Bush's Presidency. =)

    As for your assertion on abortion, while your position is better founded, I suggest you read the actual Roe v. Wade ruling all the way through; your assertion about the rights of the states in the 10th Amendment falls aside explicitly to the later "Due Process Clause of the Fourteenth Amendment"... although the court might reasonably revisit such a question, given the strained reasoning used. This makes the abortion war yet another twisted legacy of the debate over our former "peculiar institution."

    As to your prime assertion on the legal import of the intent of the founding fathers, I suggest you read Lessig's "Code and Other Laws of Cyberspace"... plus a good more of the biographies of those colorful, contestous, and amazingly human founders of ours. Leaving aside Lessig's points on unaddressed assumptions, suggesting they ever had a single unified intent is a slander to their memories and to what they achieved in their struggle to unify in common cause.

    --
    //Information does not want to be free; it wants to breed.
  46. Re:McCarthy was right by spuzzzzzzz · · Score: 2, Informative

    I thought I'd share some choice bits of this article with the slashdot readership:

    in a troubling comment that largely escaped critical media scrutiny or even notice, Secretary of State Colin Powell declared on Black Entertainment Television that U.S. policy toward Chilean Marxist President Salvador Allende in the 1970s was "not a part of American history that we're proud of." Powell appears not to know that in toppling Allende the Chilean military saved Chile from suffering the same fate as South Vietnam with very little loss of life.

    WTF!?! No other part of the article mentions Chile. It seems he just stuck in this paragraph to say "OMG! They democratically elected a Socialist! If we hadn't overthrown him, the region would have descended a into military quagmire."

    A large chunk of the rest of the article is devoted to a discussion of Aaron Copland's political leanings. Maybe I'm just naive, but I find it astonishing that people consider someone's political opinions as justification for their persecution. The author of the article and the parent poster seem to feel that if McCarthy's targets believed in the Communist ideology then McCarthy must have been right to vilify them. In contrast, I have always believed that the free expression of ideas is to be encouraged.

    In summary, this article failed to change my opinions about McCarthy. I still see him as a man who did his best to kill free political expression in the US and I absolutely cannot agree with that.

    --

    Don't you hate meta-sigs?
  47. Re:McCarthy was right by DSP_Geek · · Score: 2, Informative

    Accuracy In Media claimed, among other things, that Walter Cronkite was a Soviet dupe. They seem to have a fixation with Communists, seeing reds under every bed and in every story to the left of Mussolini. Plus, for added fun sprinkles, they're funded by Richard Mellon Scaife, the same guy behind a number of other extreme-right organisations.

    In other words, if AIM told me the sun rose in the east, I'd check with a compass just to be sure - their version of "accuracy" is hewn from the same wood as "compassionate" conservatism.

    Check out:

    http://en.wikipedia.org/wiki/Accuracy_in_Media

    for a fuller story.

  48. The modern political spectrum. by abb3w · · Score: 4, Funny
    I'm libertarian you insensitive clod!

    Liberals sit to the left. Conservatives sit to the right. Libertarians are the clowns swinging from the chandeliers. (Heard from a libertarian.)

    --
    //Information does not want to be free; it wants to breed.
    1. Re:The modern political spectrum. by notque · · Score: 2, Insightful

      Liberals sit to the left. Conservatives sit to the right. Libertarians are the clowns swinging from the chandeliers. (Heard from a libertarian.)

      Liberals sit to the right. Conservatives sit to the far right. Libertarians are the far right version of Anarchism.

      --
      http://use.perl.org
    2. Re:The modern political spectrum. by Liam+Slider · · Score: 4, Insightful

      "Far right" version? How exactly, are we "far right"? We may support the idea of truely free market capitalism and a minimal government, but that doesn't make us "far right." Not if you understand that these policies arise more out of a sense of "who the hell are you to tell me what to do if I'm not hurting anyone" than anything.

    3. Re:The modern political spectrum. by TheGavster · · Score: 3, Insightful

      Libertarians are not anarchists. There's a difference between "do whatever you want" and "no fellow citizen can tell you what to do". Libertarians like government, just not a massive government that tries to handle every aspect of your life. Keep people from commiting offense against other people, and let the market handle the rest. There's nothing 'far right' about it; in fact, many Libertarian viewpoints will get you thrashed by conservatives.

      --
      "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    4. Re:The modern political spectrum. by takeya · · Score: 2, Funny

      in america...

      conservatives are right-wing socialists
      liberals are left-wing socialists
      statists are communists (totalitarian sort)
      libertarians are the old (18th century) kind of republicans.

    5. Re:The modern political spectrum. by drooling-dog · · Score: 5, Insightful
      Libertarians are the clowns swinging from the chandeliers.

      And there they will continue to swing until they realize that the unchecked concentration of private power can be as oppressive as that of government power, and leads inexorably to fascism as the former consumes the latter. Could it possibly be happening here?

    6. Re:The modern political spectrum. by Hatta · · Score: 2, Insightful

      Libertarians are not anarchists.

      Indeed, we anarchists care about our fellow man. Which is why we understand that political freedom is nothing without economic freedom. And economic freedom is incompatible with wage slavery.

      You libertarians just want to trade a government with constitutional limits, for a defacto state run by corporations or individual robber barons, whose only limit is how much money they have.

      Since money makes money faster than hard work, equality in capitalism is an inherently unstable position. Tiny inequalities will be amplified until there dramatic differences in wealth, and thus power.

      So you're more free under libertarianism because the government can't prohibit marijuana use. So what? Your boss can. To the average person in the working class, what's the difference?

      Equality is a prerequisite for freedom, and capitalism is antithetical to equality.

      --
      Give me Classic Slashdot or give me death!
    7. Re:The modern political spectrum. by HateBreeder · · Score: 2, Insightful

      I assume currency is incompatible with equality too...

      So how can one be rewarded for his achievements in an anarchistic society?

      Are there Laws in such a society?
      An officer of the law seems unequal with a regular citizen, are they allowed?
      If not, who's to defend the helpless?
      who's to stop crime and gangs from forming and enslaving others - thus indirectly defeting individual freedom...?

      --
      Sigs are for the weak.
    8. Re:The modern political spectrum. by slughead · · Score: 2, Informative

      You libertarians just want to trade a government with constitutional limits, for a defacto state run by corporations or individual robber barons, whose only limit is how much money they have.

      Ah yes, you clearly understand libertarianism.. oh woops, Libertarians are anti-corporation and for proprietorships and partnerships instead.

      The last Libertarian candidate for president even articulated this point in a slashdot interview.

      By the way, workers have freedom too.. you could always just not work for a company that doesn't pay you enough, unless you don't have enough skills/education to be "worth it".. or have you not taken an economics class?

      Is labor a good or service? Yes? Then the laws of supply and demand affect it.

    9. Re:The modern political spectrum. by Hatta · · Score: 2, Insightful

      Ah yes, you clearly understand libertarianism.. oh woops, Libertarians are anti-corporation and for proprietorships and partnerships instead.


      That's why I said "corporations or individual robber barons". It doesn't matter whether it's a massively powerful corporation, or one massively wealthy individual, wealth and thus power will tend to concentrate.

      By the way, workers have freedom too.. you could always just not work for a company that doesn't pay you enough, unless you don't have enough skills/education to be "worth it".. or have you not taken an economics class?

      Just stop working if you're not getting paid enough? That does't work if you're poor.

      --
      Give me Classic Slashdot or give me death!
    10. Re:The modern political spectrum. by falconwolf · · Score: 2, Informative

      There's nothing 'far right' about it; in fact, many Libertarian viewpoints will get you thrashed by conservatives.

      Libertarians get it from both conservatives and (neo)liberals. Libertarians are like the classical liberalism of Thomas Jefferson and the classical liberals don't look like what's typically called liberal today.

      I hope Bush will nominate someone closer to the center than to the left (haha) or right.

      Falcon
  49. Re:One more time. by demachina · · Score: 3, Insightful

    "and just filibuster until the whitehouse is back in our hands."

    Depends on exactly what point you call the "height of Watergate" but Nixon's approval rating was down in the 20's at its nadir, Bush is still in the 40's though it will be interesting to see what Katrina does to him. I suspect now that most of the people are evacuated and fed the outrage about New Orleans will blow over.

    Wouldn't be surprised if the Republican spin machine manages to turn it in to a story of the Bush administration stepping in to save the day and blame everything that went wrong on the Democratic mayor of New Orleans and the Democratic governor of Louisiana. I assure you Rove and Co. were thinking about the political implications of this disaster from the get go.

    I also wager sometimes this session or next Congress will pass a bill giving the executive branch and DOD sweeping new powers to intervene domestically and overturn Posse Comitatus facilitating future imposition of martial law. The catch phrase will be "Remember New Orleans" as they sell our freedom down the river again just like they did with the Patriot Act.

    --
    @de_machina
  50. Re:How Important is a Chief Justice? by ctr2sprt · · Score: 4, Interesting
    The WSJ's obit on Rehnquist had some interesting points on this. Early in his (pre-Chief) SCOTUS career, he had a tendency to write scathing dissents that nobody else would sign. Once he became Chief Justice, though, this mostly stopped. The obvious explanation is that he realized he had to work with his fellow justices and so decided to temper his dissents a little, in the spirit of compromise.

    But one interesting thing about the CJ position is that he gets to decide who writes the opinions. The WSJ cited several examples of where Rehnquist unexpectedly did an about face and voted for stuff everyone was expecting him to vote against. The tinfoil-hat theory is that he did this because he knew he was going to lose (like 7-2 votes) but he wanted to "limit the damage." So he would side with the winners, then elect himself to write the majority opinion. He would make a legitimate assent, the theory goes, but he would carefully limit it. One of the examples was the Miranda case. Everyone expected him to vote against it, but he didn't. Instead, he wrote the opinion and basically just said "Miranda stands as is," when many of the majority justices actually wanted to expand it.

    So if the WSJ's depiction is accurate, the CJ is pretty important. He can't make policy, but he can guide it. I'm sure there are also lots of procedural advantages that are mostly invisible to outsiders, like maybe he gets to decide who talks first in deliberations or something.

  51. Re:YRO? by mankey+wanker · · Score: 4, Insightful

    I agree with this in spirit. It's not impossible that the Chief Justice was not a Bush II type Republican - which people really do need to understand is different than what has generally been considered a Republican before the last 10-15 years. Bush II represents the unconcealed face of the plutocracy. If it were otherwise, the National Guard would be here at home taking care of disaster victims instead of protecting the oil interests of Bush II's buddies.

    And when it comes to individual rights, the Democrats are now the conservatives.

    Basically, everything is fucked up and inverted.

  52. Pat Roberson by coaxial · · Score: 2, Funny

    Looks like Pat Robertson does have God's ear.

  53. The Rehnquist Vacancy: A Non Issue by sourcery · · Score: 2, Interesting

    Were Rehnquist a liberal or a moderate, Bush could significantly change the ideological balance of the Court by nominating a left-of-center jurist to take his place. However, Rehnquist was neither a liberal nor a moderate, and Bush is not likely to nominate anyone substantially to the right of Rehnquist as the replacement. So this new vacancy on the Court is essentially a non-issue.

    The O'Connor -> Roberts transition is another matter.

    --
    Cthulhu for President! Why settle for the lesser evil?
  54. Farewell good sir. by Lord+Kano · · Score: 4, Insightful
    I know that the politicking about his replacement has already started.

    Before anyone gets too carried away about abortion litmus tests, remember this.

    US Constitution Article VI

    • Clause 3: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

      LK
    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    1. Re:Farewell good sir. by Lord+Kano · · Score: 2, Informative

      Abortion is an issue that is not necessarily religious. For example, the Catholic church's position is religious, but there are non-religious pro life arguments as well.

      Either way, if it's acceptable for one side to demand a litmus test, then it's perfectly reasonable that the other side will as well.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  55. Re:One more time. by TheDracle · · Score: 2, Insightful

    That was precisely my point. We live under a republic, but we're often told and propegandized into believing it is a democracy. Ask any joe out on the street what type of government system we live under, and he'll very likely reply "a democracy."

  56. He was scum by JimmytheGeek · · Score: 4, Insightful

    The biggest canard in law is that "strict construction" has a coherent meaning. Other than "I am the true interpreter of the Text!" The bigger joke in politics is that there was anything principled about the guy.

    You can look over his record and predict his votes by this formula: economic strong trumps weak (corp vs. individual), powerful trumps weak (govt vs whistleblower or random individual.) Remember: he voted that INNOCENCE WAS NOT A REASON TO OVERTURN A DEATH PENALTY CONVICTION. After all, rich white people are hardly ever in that situation, so it can't be very important.

    Even CNN is falling for it. "States rights...except where state law threatens Republican election chances."

    Gil made his bones in thuggish suppression of minority votes - naturally the shenannigans in Florida in 2000 so overwhelmed him with nostalgia that he could punt 20 years of his own precident to achieve an outcome.

    It's just a shame it didn't happen 40 years earlier.

    1. Re:He was scum by Tatarize · · Score: 4, Insightful

      Everybody loves dead people. I mean, think back to the Reagan death party. You'd think the man singlehandedly beat every Commie to death with the Americian flag. Rather than betraying the country (Iran-Contra) and creating a huge national debt (I hate the national debt).

      --

      It is no longer uncommon to be uncommon.
  57. Re:Cool by Lord+Kano · · Score: 2, Interesting

    So, the republicans will undo Lincoln's work at freeing the slaves and allow it to be state rights? Oh, wait. That is what the south wanted in the first place (which was under democrat control).


    There is a constitutional amendment eliminating slavery. There is no such amendment regarding abortion.

    As somebody proposed to me, if lose of upper brain function is considered death, then why not let the opposite of it be considered life. Basically, outlaw Abortion at the point where it can be PROVEN that upper brain functions starts (which is probably somewhere in the 2'nd trimester).

    Brain function SHOULD be considered the beginning of life. There is much dispute about when that begins, some claim as early as 8 weeks after conception and others claimed as late as the third trimester(those people had to revise their positions when we had premature babies born before the beginning of the third trimester).

    Whatever the case may be, when an EEG detects brain activity, the baby should be safe.

    But we also need to return to sensable education and science, such as teaching sex ed with birth control.


    I'd even go as far as to advocate universal government subsidized birth control

    LK

    --
    "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
  58. Re:More power? How do you figure that? by Jeremi · · Score: 4, Insightful
    Yet the courts ruled that gays had special rights.


    Actually, they ruled that gays should have the same rights as everyone else, without having to pretend to be straight in order to get them. (if you think gay marriage is a "special right", imagine yourself living as a straight person in a society where only gay marriages were allowed. Would you consider your wanting to marry someone of the opposite sex a "special right"?)


    Not only that, but the court told businesses, no matter what religion of the leadership,
    they must pay money to gays to support the "spouse". That is even if the business is private, and the owners are christian and want to give christian values to the world, to make the place better.


    Not only that, the courts previously ruled that businesses aren't allowed to discriminate against minorities in hiring, even if the business is private, and the owners are KKK members and want to give KKK values to the world, to make the place better.


    Some people even look upon this as a good thing.

    --


    I don't care if it's 90,000 hectares. That lake was not my doing.
  59. As much as I disliked his attitude... by jd · · Score: 3, Insightful
    ...the fact is, he was a person who did his utmost to live by his beliefs and to stand by what he considered important and of value.


    It is also worth considering that it takes a kind of courage that few on this planet possess to stay working when (quite probably) in terrible agony and (certainly) in full knowledge that his days were numbered.


    I see little honor in the living dying for one's country. I see considerable honor in the dying living for theirs. The difference is important. The former is a waste, the latter is devotion.


    While I have a hard time telling him to rest in peace, I do at least wish him no ill and pray that whatever lies beyond this life has mercy upon him and remember him not for his faults - we all have those - but for what good he brought into the world.

    --
    It's a small world and it smells funny; I'd buy another if it wasn't for the money; Take back what I paid (SoM)
    1. Re:As much as I disliked his attitude... by Patik · · Score: 3, Interesting
      ...the fact is, he was a person who did his utmost to live by his beliefs and to stand by what he considered important and of value.
      I think statements like this are BS. Just because he stood by his principles doesn't mean he was a good man. What if his principles were radical and against the general will of the people? What if the guy grossly misinterpretted the Constitution, according to 90% of Americans?

      I'm not saying Rehnquist did this, but it's not good to blindly praise someone who stood by their principles when their principles were bad.

  60. He didn't have any! by JimmytheGeek · · Score: 2, Insightful

    He consistently invented police powers vs. citizens, and in Bush v Gore tossed 20 years of opinions out the window to trash a state election law. The decision was so tortured they felt obligated to put - for the first time in history - a nonsensical clause that this decision should not be used as precedent.

    Why not? Because it is so fraudulent? Or, more likely, they can't know in advance whether a Republican would benefit.

    Make no mistake: Rhenquist disgraced his robes and acted as a partisan, not a judge. It's too bad he didn't die 30 years ago.

    Let's not forget his early career suppressing minority votes in Arizona. He was a partisan thug.

  61. Sincerity is an over-rated virtue by geoswan · · Score: 3, Insightful
    "To the best of his ability?"

    Sincerity is a highly over-rated virtue. If he did a lousy job it doesn't matter very much if he was sincere in how he tried to carry out his duties.

  62. Re:RIP by deblau · · Score: 2, Informative
    I don't know the facts, but how many of the previous justices have died while still being seated?

    Of the 108 Supreme Court Justices, 48 died in office, of whom eight were Chief Justice. Source: Oyez.org.

    1. William H. Rehnquist (CJ)
    2. Fred M. Vinson
    3. Wiley B. Rutledge
    4. Robert H. Jackson
    5. Harlan Fiske Stone (CJ)
    6. Frank Murphy
    7. Benjamin N. Cardozo
    8. Edward T. Sanford
    9. Pierce Butler
    10. Joseph R. Lamar
    11. Edward D. White (CJ)
    12. Horace H. Lurton
    13. Rufus Peckham
    14. Howell E. Jackson
    15. David J. Brewer
    16. Melville W. Fuller (CJ)
    17. Lucius Q.C. Lamar
    18. Samuel Blatchford
    19. Horace Gray
    20. Stanley Matthews
    21. William B. Woods
    22. John M. Harlan
    23. Morrison R. Waite (CJ)
    24. Joseph P. Bradley
    25. Salmon P. Chase (CJ)
    26. Samuel F. Miller
    27. Nathan Clifford
    28. Levi Woodbury
    29. Peter V. Daniel
    30. John McKinley
    31. John Catron
    32. Philip P. Barbour
    33. Roger B. Taney (CJ)
    34. James M. Wayne
    35. Henry Baldwin
    36. John McLean
    37. Robert Trimble
    38. Smith Thompson
    39. Joseph Story
    40. Thomas Todd
    41. Brockholst Livingston
    42. William Johnson
    43. John Marshall (CJ)
    44. Bushrod Washington
    45. William Paterson
    46. James Iredell
    47. William Cushing
    48. James Wilson
    Blah blah blah blah lameness filter sucks.
    --
    This post expresses my opinion, not that of my employer. And yes, IAAL.
  63. Re:YRO? by superchicken760 · · Score: 3, Informative

    Are you stupid. The court has more power than the president. They are the only institution that can VETO both the president and congress. They are a staple of humanity.

    Actually, the Supreme Court decisions are powerless without the executive and legislative branches' active will to adhere to them.

    So let me say it loud and clear: THE SUPREME COURT CANNOT ENFORCE ITS OWN RULINGS.

    They are only as powerful as the rest of government allow them to be. Recent precedents within the last fifty years give the court its authority, but in its earlier days historians note that its frailty was this very notion that the President and Congress could ignore the court's decisions, and were in no way explicitly required by law to support the court's decision with any consequent action.

  64. Re:Armageddon is upon us! by erikkemperman · · Score: 2, Insightful

    Yeah, but there were several times during the debate where Kerry seemed evasive or indecisive. When you're under attack for being a flip-flopper you damn well better be sure of your answers.

    I still don't get why Kerry just did not say it like it was: politics IS flip-flopping. The last thing you want is someone unable to evolve their view on things, compromise. Especially in the sort of complex decisions that end up in Senate and Congress.. Indecisiveness (indecision?) can be a bad thing, for sure, but it doesn't do anybody any good to make things appear simpler or more clearcut than they really are, either.

    And both parties treat this country's citizens like we're retarded.

    Obviously I should not generalize -- and I definitely don't mean you personally -- but I must say, from where I'm standing, the average American (i.e. as manifest in polls, elections) shows alarmingly little criticism of government, period. Many argue the mainstream media help, but if people really wanted to know then the media would have to cover -- after all, the public is the product which a network sells to advertisers.

    Anyway, that both parties jump on that apathy, use it to make the sheeple look away from what really matters to them and those they represent (corporations, in both cases, not Joe 6P) does not necessarily prove they are responsible for it -- although it is likely they would actively try to maintain it.

    --
    Gosh, thanks. That must be why the other ships call me Meatfucker -- GCU Grey Area (Eccentric)
  65. Self promotion by ImaLamer · · Score: 3, Informative

    http://www.mintruth.com/blog/index.php?p=323

    or even:

    http://en.wikipedia.org/wiki/WilliamRehnquist

    But you're right - it depends on where you sit on the fence. I certainly don't feel like he was one of the greatest, not by far.

  66. Yes, the commies were spies by Julian+Morrison · · Score: 2, Insightful

    At the time the American Communist Party was taking orders (and money) from soviet Russia, idealizing revolution by military force, and encouraging members to lay low, hide their affiliation, and achieve strategic aims by stealth. Sounds like spies to me.

    McCarthy goofed not by crusading against the very real Red Menace, but by making anti-communism look unjust, through sloppy targeting and lack of due process.

    1. Re:Yes, the commies were spies by sd_diamond · · Score: 2, Insightful

      At the time the American Communist Party was taking orders (and money) from soviet Russia

      I'm sure a few of the members were. Doesn't mean all the others were guilty by association.

      idealizing revolution by military force, and encouraging members to lay low, hide their affiliation, and achieve strategic aims by stealth. Sounds like spies to me.

      Thank you for proving my point. "They sound like spies, so they should be treated like spies. Who needs pesky little details like Due Process?"

      There is no doubt that the USSR had active spies operating in the U.S. all throughout the Cold War. There is also no doubt that the vast majority of people that Joseph McCarthy maligned were guilty of nothing more than political naivete.

  67. Re:One more time. by demachina · · Score: 3, Insightful

    Well its easy to explain how they will spin it, and in fact already have been in the last couple of days.

    Disasters are state and local responsibilities by law and policy. The Federal government is only supposed to provide support at the call of governor's and mayors.

    A. They will blame the governor of Louisiana and the mayor of New Orleans for not marshalling city buses and providing transportation for the poor and infirm. Its a bit unfair because even if they had done this I doubt they could have gotten very many more people out in the short time available. You just can't force people to evacuate a big city in this short time, but providing public transportation for those who want to leave seems like a local failure. Of course once you put them on buses where would they go.

    B. They will point out the National Guard is under the control of the Governor so any failure in deploying it is the Governor's fault. This is true though it glosses over the Bush administration had 1/4 to 1/3 of the Guard manpower and 1/2 its equipment in Iraq. The Federal government is by law precluded from putting troops in to states and cities, thanks to the fact the Federal Army ran out of control after the Civil War and was reined in my the Posse Comitatus act in 1878. It is most of the time a good restraint and prevents martial law and dictatorship. In this case it caused problems though.

    C. There will be finderpointing as to whose fault it was the levees broke. Maybe it was inevitable they were going to break under this stress, though I wager these localized failures were due to bad maintenance. More importantly there should have been helicopters surveying them the second the weather cleared and sending resource to plug leaks before they washed out leading to the massive failures. Its sad no one had a plan to survey and do emergency repairs on these levees, a stitch(or sandbag) in time might have prevented this though we may never know unless someone was watching how and why the levees actually failed.

    Some things I want to come out in the investigation:

    - Who stopped the Red Cross from entering New Orleans because it was "to dangerous". Was it FEMA, state or local. For whatever reason, the Red Cross is the one who insured people get food and water and it couldn't get in to New Orleans because someone stopped them.

    - The President of Jefferson Parish in New Orleans accused FEMA on "Meet the Press" this morning of intentionally cutting the communication lines they local and state people were using, they had to patch the lines and post armed guards.

    - How much did the levees degrade because the Army Corps of Engineers had its funding cut for them and had its personell and money redirected to rebuild Iraq versus how much was due to cuts from local levee districts.

    At this point I'd really like to know did FEMA:

    - Do everything possible but it was just to hard
    - Do a mediocre and inadequate job
    - Did FEMA make things worse and actually obstruct the recovery

    I'm more than a little suspicious the Bush administration let things go bad on purpose, they just let it go to far and it backlashed on them. They were probably planning to have the President come in on his white horse followed an hour later by the Army moving in to save the day which is more or less what happened its was just to late.

    --
    @de_machina
  68. Re:More power? How do you figure that? by Kjella · · Score: 2, Interesting

    I'd want the right to marry a woman, but I wouldn't be stupid enough to pretend that it was the "same" right as my neighbour Bob's right to marry his friend Steve.

    I'd want the right to marry a white/christian woman, but I wouldn't be stupid enough to pretend that it was the "same" right as my neighbour Bob's right to marry a black/muslim woman.

    This would be pretty blatant racial and religious discrimination. Don't you see that what you are suggesting is sexual discrimination? The right to "marry the opposite gender" is not an equal right, it is two different rights "the right to marry men" and "the right to marry women". Imagine a law that said "the right to travel in areas designated for your race". It's pretty obvious segregation, even though everyone has the "same" right. Except it isn't, because white people would have different rights than black people.

    Whether or not a person could marry Steve depends on the sex of that person, thus it is discrimination based on sex. Perhaps if I put it in the form of an imaginary amendment it will be brilliantly clear:

    "The right to marry an individual [Steve] shall not be denied to any individual on the basis of his race, color, religion, sex, or national origin."

    --
    Live today, because you never know what tomorrow brings
  69. Re:More power? How do you figure that? by Jeremi · · Score: 2, Insightful
    Everyone can marry an individual of the opposite gender. In other words, this is not a civil rights issue as we all have the same right. It's an attempt to alter our culture.


    Sixty years ago, you would have said: "Everyone can marry an individual of the same race. In other words, this is not a civil rights issue as we all have the same right. It's an attempt to alter our culture."


    It was bullshit then, and it's bullshit now.

    --


    I don't care if it's 90,000 hectares. That lake was not my doing.
  70. I am still waiting for the day that any by Ogemaniac · · Score: 2, Interesting

    private company forces me to do anything against my will.

    The government does this every day.

    Corporations have no power over me unless I give it to them - and that is a profound and staggering difference which you are ignoring.

    1. Re:I am still waiting for the day that any by drooling-dog · · Score: 2, Insightful
      I am still waiting for the day that any private company forces me to do anything against my will.

      You'll only need to wait as long as it takes you to wake up, Ogemaniac. I'm not talking about just your employer taking an interest in your off-duty activities (although that certainly does happen and you may be able to escape it if you have alternative employment options and there's no blacklisting going on). I'm talking about what happens when private interests become so powerful that government itself becomes little more than their handmaiden. Perhaps you say what you say because you don't feel all of the strings that are attached to you, and where you do feel them you don't see where they ultimately lead. I invoked the 'f' word because, as everyone around here knows by now, Benito Mussolini defined it as the marriage of corporate and state power.

      So, my questions for Libertarians remain: What is to prevent unchecked private interests from growing so powerful that they are able to completely co-opt government, and thereby the military and police? Why should we not expect this to occur as the natural course of events? And finally, once this "marriage" of corporate and government power is complete, how can a "free" society continue to exist?

  71. Re:One more time. by Straif · · Score: 3, Informative

    Bush tried to get Governor Blanco to relenquish control for one simple reason, she has failed to follow almost any step in the LA emergency relief plan, and even those she did follow she was pushed into. All the while, the Feds get all the blame for a situation that the Constitution dictates they have no authority over. He declared LA and the surrounding States Federal disaster zones PRIOR to Katrina to open up the federal funds for the various governors use, which is about all he could do. He then had to ask her to request the Mayor order an evacuation prior to Katrina (something that their hurricane plan called for but they failed to do until 24 hours prior to landfall), and even then she failed to mobilize the National Guard and/or State police to assist the NOPD.

    Even after discussing options to help speed up the relief refforts she requested 24 hours to consider them (according to statements made by NO Mayor Nagins) and then hired a former Clinton advisor to help her save face.

    Members of the State government have made statements that she is refusing to give up control to prevent the Feds from being able to point fingers, not because she has a better plan than them. Simply put, she is putting politics infront of peoples lives.

    It amazing how people call for more leadership from Bush with one breath (when he legally has no power to act) but when he attempts to actually do what he can, within the bounds of the law, he is accused of trying to just grab power.

    People are dieing and all evidence points to the people in direct control (the Governor and to a much lesser degree the Mayor)of the situation being totally incompetant.

    It's a perfect example of damned if he does and damned if he doesn't.

    And the other affected areas don't look as bad, not because of political affiliation, but because their local and state governments have been helping and not impeding rescue efforts.

    --
    Of course that's just my opinion...... you could be wrong!