We need to stop appointing attorneys to SCOTUS....

Discussion in 'Political Opinions & Beliefs' started by Golem, Sep 20, 2020.

  1. Golem

    Golem Well-Known Member Donor

    Joined:
    Feb 22, 2016
    Messages:
    43,104
    Likes Received:
    19,054
    Trophy Points:
    113
    Of course, we know that legally it's not a requirement. So why do we keep appointing only attorneys to SCOTUS? I understand there should be attorneys. But I would hold that it would be better if at least four of the nine justices were not attorneys.

    Attorneys know the law but... anybody can read and understand a law. A historian knows better about the background that led to the Constitution. An economist is better informed as to the financial conditions. Psychologists, sociologists, ... experts in many many field can do the job perfectly. The only thing that attorneys know, and a layman doesn't, is how a judge will rule. And judges rule based on what they believe the appeals court that oversees their case would rule if the case were appealed. And that one rules based on what they believe the higher court would rules.... and so on. But that makes no difference when you're in SCOTUS. There is no higher court.

    Attorneys have sort of a "secret code" by which they understand each other. But why do they expect citizens to behave according to this "secret code"? If you read the Constitution as it was written, there is no "code". It was written so that any average educated English speaker could understand it.

    I know that, in reality, it can be interpreted in many different ways. But why is the way an attorney interprets it better than.... anybody else's? The Constitution itself tells us how to interpret it. In the Preamble. The only question that anybody should need to answer to interpret it is: "how well does my ruling conform to the Preamble of the Constitution". That's all! Does my decision promote justice? Does it provide for the common welfare? Does it insure tranquility? Does it help secure liberty?...

    I think judges... and especially SCOTUS justices, have abandoned the sense of justice as described in the Preamble. They want to perpetuate themselves in power. And there is absolutely no rational motive for us to accept this.

    Again: I'm not saying there should not be attorneys in SCOTUS. I'm just saying there should be a large representation of non-attorneys.
     
    Last edited: Sep 20, 2020
    Ddyad, Moi621 and perotista like this.
  2. Rush_is_Right

    Rush_is_Right Well-Known Member

    Joined:
    May 23, 2019
    Messages:
    3,873
    Likes Received:
    4,411
    Trophy Points:
    113
    Gender:
    Male
    Nervous are ya?
     
    ButterBalls likes this.
  3. stratego

    stratego Well-Known Member

    Joined:
    Jun 16, 2010
    Messages:
    1,411
    Likes Received:
    973
    Trophy Points:
    113
    Ivanka Trump. Not an attorney.
     
    Ddyad likes this.
  4. stratego

    stratego Well-Known Member

    Joined:
    Jun 16, 2010
    Messages:
    1,411
    Likes Received:
    973
    Trophy Points:
    113
    Or Donald Trump can nominate himself.
     
  5. 61falcon

    61falcon Well-Known Member

    Joined:
    Apr 27, 2018
    Messages:
    21,436
    Likes Received:
    12,227
    Trophy Points:
    113
    Gender:
    Male
    I believe all of the remaining Supreme Court are either Harvard or Yale Law School grads.
     
  6. Golem

    Golem Well-Known Member Donor

    Joined:
    Feb 22, 2016
    Messages:
    43,104
    Likes Received:
    19,054
    Trophy Points:
    113
    Did I forget to mention it should be somebody honest and with a brain? Ivanka doesn't qualify.
     
    Last edited: Sep 21, 2020
    Lucifer likes this.
  7. altmiddle

    altmiddle Well-Known Member

    Joined:
    Oct 20, 2017
    Messages:
    1,483
    Likes Received:
    961
    Trophy Points:
    113
    One might think you a conservative by interpreting the constitution the way it was written.
     
    ButterBalls likes this.
  8. Golem

    Golem Well-Known Member Donor

    Joined:
    Feb 22, 2016
    Messages:
    43,104
    Likes Received:
    19,054
    Trophy Points:
    113
    Absolutely! I don't care much for ideology. I care more about doing the right thing. But I would go as far as to say that I'm more conservative, in respect to the Constitution, then most self-proclaimed "conservatives"
     
    Lucifer and Bowerbird like this.
  9. fmw

    fmw Well-Known Member

    Joined:
    Aug 21, 2009
    Messages:
    38,433
    Likes Received:
    14,800
    Trophy Points:
    113
    We need to stop appointing attorneys to SCOTUS....
    I agree completely.
     
  10. altmiddle

    altmiddle Well-Known Member

    Joined:
    Oct 20, 2017
    Messages:
    1,483
    Likes Received:
    961
    Trophy Points:
    113
    No shame in that. So if Trump where to nominate a conservative like Scalia instead of someone like RBG, would you approve?

    Personally I think he should wait until after the election.
     
    Curious Always likes this.
  11. Bowerbird

    Bowerbird Well-Known Member

    Joined:
    May 13, 2009
    Messages:
    92,758
    Likes Received:
    74,220
    Trophy Points:
    113
    Gender:
    Female
    There is rumbling that if Ivanka gets elected into Scotus then as soon as possible the democrats will raise the number of seats and stack it with Bill, Hillary and Michelle
     
    Lucifer likes this.
  12. Heartburn

    Heartburn Well-Known Member

    Joined:
    Nov 3, 2015
    Messages:
    13,586
    Likes Received:
    5,007
    Trophy Points:
    113
    Why do you think he should wait?
     
    ButterBalls likes this.
  13. Heartburn

    Heartburn Well-Known Member

    Joined:
    Nov 3, 2015
    Messages:
    13,586
    Likes Received:
    5,007
    Trophy Points:
    113
    They will be three very old people by the time that opportunity presents itself.
     
    ButterBalls likes this.
  14. Heartburn

    Heartburn Well-Known Member

    Joined:
    Nov 3, 2015
    Messages:
    13,586
    Likes Received:
    5,007
    Trophy Points:
    113
    SCOTUS is a lifetime gig, they have no reason to make decisions based on their continued position of power. Maybe why it was set up that way?
     
    ButterBalls likes this.
  15. Golem

    Golem Well-Known Member Donor

    Joined:
    Feb 22, 2016
    Messages:
    43,104
    Likes Received:
    19,054
    Trophy Points:
    113
    Scalia is a partisan ideologue. Exactly the opposite of what I describe on the OP.
     
  16. Lil Mike

    Lil Mike Well-Known Member

    Joined:
    Aug 4, 2011
    Messages:
    51,693
    Likes Received:
    22,988
    Trophy Points:
    113

    In theory, it's not a bad idea. Other disciplines would flesh out the knowledge base of the Court, and there is no requirement that appointees to the Supreme Court be attorney's, but I do think that law school introduces you to the particular way lawyers and judges look at how laws are applied. One of the best courses I've taken was a constitutional law course which really opened my eyes to court cases where the judge's decision seem counter-intuitive to an obvious decision until you learn the details of the law and the details of the case.
     
  17. Golem

    Golem Well-Known Member Donor

    Joined:
    Feb 22, 2016
    Messages:
    43,104
    Likes Received:
    19,054
    Trophy Points:
    113
    I agree. It is important to have experienced judges in the Supreme Court. But I think 4 out of 9 justices not being attorneys would be a healthy proportion. The details of the law and how it applies to a case are important. But also important is the sense of justice that, I believe, is becoming scarce in the Judicial branch. They would help keep the court aware that their decisions refer to real human beings.
     
  18. Dayton3

    Dayton3 Well-Known Member

    Joined:
    May 3, 2009
    Messages:
    25,472
    Likes Received:
    6,743
    Trophy Points:
    113
    Gender:
    Male
    You think a "sense of justice" is more important than what is actually written in the U.S. Constitution? Aren't you arguing for what amounts to "jury nullification"?
     
    ButterBalls likes this.
  19. Golem

    Golem Well-Known Member Donor

    Joined:
    Feb 22, 2016
    Messages:
    43,104
    Likes Received:
    19,054
    Trophy Points:
    113
    I can't tell if you're serious or you are just being sarcastic.

    Not exactly.
     
    Last edited: Sep 21, 2020
  20. Rush_is_Right

    Rush_is_Right Well-Known Member

    Joined:
    May 23, 2019
    Messages:
    3,873
    Likes Received:
    4,411
    Trophy Points:
    113
    Gender:
    Male
    What's wrong with jury nullification?
     
  21. Jestsayin

    Jestsayin Well-Known Member Past Donor

    Joined:
    Aug 1, 2016
    Messages:
    16,798
    Likes Received:
    17,571
    Trophy Points:
    113
    I agree. Ted Nugent for SCOTUS.
     
    ArchStanton and ButterBalls like this.
  22. Golem

    Golem Well-Known Member Donor

    Joined:
    Feb 22, 2016
    Messages:
    43,104
    Likes Received:
    19,054
    Trophy Points:
    113
    I have no problem with it. But it's not what I'm proposing.
     
  23. doombug

    doombug Well-Known Member

    Joined:
    May 19, 2012
    Messages:
    56,871
    Likes Received:
    22,778
    Trophy Points:
    113
    LOL! So arguments to pack the court begins.
     
    ButterBalls likes this.
  24. kriman

    kriman Well-Known Member Past Donor

    Joined:
    Apr 29, 2018
    Messages:
    27,347
    Likes Received:
    11,191
    Trophy Points:
    113
    Gender:
    Male
    Strange that RBG would pick an ideologue as a best friend on the supreme court.
     
    ButterBalls likes this.
  25. Lil Mike

    Lil Mike Well-Known Member

    Joined:
    Aug 4, 2011
    Messages:
    51,693
    Likes Received:
    22,988
    Trophy Points:
    113
    Well I think this is the point where we part ways. I think the highest priority of a Supreme Court judge is to apply the law and constitution "without fear or favor." Much of the time a fair application of the law isn't going to work out for someone individually, but when applied consistently it works out for everyone.
     

Share This Page