The idea that Gorsuch is Constitutionally illegitimate, or his seat "stolen", is based on legal theory approximately as frivolous as Sovereign Citizen "fringe on the flag" crap. But it's believed by wide swaths of the mainstream center-left.
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Replying to @kevin_bowen
maybe that's interpreting the criticism too literally? he is legitimate according to the constitutional procedures interpreted strictly as written. "stolen seat" is a fair complaint imo though.
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Replying to @danlistensto @kevin_bowen
yeah it's accurate-in-spirit, not de jure illegitimate. Blocking the seat was a dick move and a bad precedent, and unfortunately didn't spotlight how unreviewed, non-legislation 'rules of order' have an outsize impact on the business of governance. But by-the-letter legal.
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Replying to @palecur @danlistensto
meh, I think it's disingenuous even interpreting it colloquially. The de facto political compromise re scotus has been that conservative justices retire when a republican is in office, liberal justices retire when there's a democrat in office, in order to maintain balance.
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Replying to @kevin_bowen @palecur
this is bad though and is perilously close to being a recapitulation of the pre-civil war "add slave state and free state in pairs" balance maintaining tradition of that era
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the senate's right to hold confirmation hearings on a presidential appointee is intended to be a vetting procedure to determine qualifications, not to be a political veto
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Replying to @danlistensto @palecur
Well, yeah, but SCOTUS isn't supposed to be able to make law, only apply the law and constitution as written. If that were how it actually worked, then political balance wouldn't matter, only qualifications. But that's out the window now.
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Replying to @kevin_bowen @palecur
abolish the senate. term limit SCOTUS justices to 10 years (single term, no re-appointment).
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Replying to @danlistensto @palecur
I'd rather just smash the state myself, but to each his own.
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no smashy. much better to brick it up in a hidden alcove in the wine cellar.
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