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Sonia Sotomayor for USSC?

Started by Caliga, May 26, 2009, 07:35:35 AM

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crazy canuck

Quote from: Malthus on May 26, 2009, 03:14:43 PM
In Canada, selection of judges for the top court goes by a sort of quota for regions, I understand - based I suppose on the notion that having these different regional backgrounds provides some valuable different insights. Of course, provincial laws do differ, significantly so in the case of Quebec, which I suppose makes regional difference balancing a better idea than racial or gender based balancing (though I suspect some of that happens too).

I once looked at this for some reason I cant now remember.  The representation from some regions is constitutionally mandated - eg Quebec.  For other regions the number is by tradition.   The logic is that the diversity is then adequately reflected on the Court.   This was more of a concern back when the big constitutional battles were over division of power type issues.  I dont really see the logic now outside of Quebec which is, I agree, a special case.

Barrister

Quote from: crazy canuck on May 26, 2009, 03:59:30 PM
Quote from: Malthus on May 26, 2009, 03:14:43 PM
In Canada, selection of judges for the top court goes by a sort of quota for regions, I understand - based I suppose on the notion that having these different regional backgrounds provides some valuable different insights. Of course, provincial laws do differ, significantly so in the case of Quebec, which I suppose makes regional difference balancing a better idea than racial or gender based balancing (though I suspect some of that happens too).

I once looked at this for some reason I cant now remember.  The representation from some regions is constitutionally mandated - eg Quebec.  For other regions the number is by tradition.   The logic is that the diversity is then adequately reflected on the Court.   This was more of a concern back when the big constitutional battles were over division of power type issues.  I dont really see the logic now outside of Quebec which is, I agree, a special case.

The breakdown is (IIRC):

3 Quebec
3 Ontario
2 West
1 Maritimes

note that one entire region of the country gets left out entirely... <_<
Posts here are my own private opinions.  I do not speak for my employer.

jimmy olsen

Quote from: Barrister on May 26, 2009, 04:01:55 PM
Quote from: crazy canuck on May 26, 2009, 03:59:30 PM


I once looked at this for some reason I cant now remember.  The representation from some regions is constitutionally mandated - eg Quebec.  For other regions the number is by tradition.   The logic is that the diversity is then adequately reflected on the Court.   This was more of a concern back when the big constitutional battles were over division of power type issues.  I dont really see the logic now outside of Quebec which is, I agree, a special case.

The breakdown is (IIRC):

3 Quebec
3 Ontario
2 West
1 Maritimes

note that one entire region of the country gets left out entirely... <_<
And it's the region of the country where no one lives, imagine that.  :lol:
It is far better for the truth to tear my flesh to pieces, then for my soul to wander through darkness in eternal damnation.

Jet: So what kind of woman is she? What's Julia like?
Faye: Ordinary. The kind of beautiful, dangerous ordinary that you just can't leave alone.
Jet: I see.
Faye: Like an angel from the underworld. Or a devil from Paradise.
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Savonarola

Quote from: jimmy olsen on May 26, 2009, 04:05:34 PM
And it's the region of the country where no one lives, imagine that.  :lol:

The Canadian people are missing out on the wisdom of the Eskimos.   :(
In Italy, for thirty years under the Borgias, they had warfare, terror, murder and bloodshed, but they produced Michelangelo, Leonardo da Vinci and the Renaissance. In Switzerland, they had brotherly love, they had five hundred years of democracy and peace—and what did that produce? The cuckoo clock

Barrister

Quote from: jimmy olsen on May 26, 2009, 04:05:34 PM
Quote from: Barrister on May 26, 2009, 04:01:55 PM
note that one entire region of the country gets left out entirely... <_<
And it's the region of the country where no one lives, imagine that.  :lol:

:yeahright:
Posts here are my own private opinions.  I do not speak for my employer.

crazy canuck

Imagine if we had to appoint a member of the Sumpreme Court from a population of a few thousand.  Requiring someone to come from the Maritimes is bad enough.

alfred russel

Quote from: crazy canuck on May 26, 2009, 05:02:22 PM
Imagine if we had to appoint a member of the Sumpreme Court from a population of a few thousand.  Requiring someone to come from the Maritimes is bad enough.

I think that is how we ended up with Clarence Thomas.  :(
They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety.

There's a fine line between salvation and drinking poison in the jungle.

I'm embarrassed. I've been making the mistake of associating with you. It won't happen again. :)
-garbon, February 23, 2014

jimmy olsen

Quote from: crazy canuck on May 26, 2009, 05:02:22 PM
Imagine if we had to appoint a member of the Sumpreme Court from a population of a few thousand.  Requiring someone to come from the Maritimes is bad enough.
I'm pretty sure it's BB's subtle way to put himself forward as a candidate.
It is far better for the truth to tear my flesh to pieces, then for my soul to wander through darkness in eternal damnation.

Jet: So what kind of woman is she? What's Julia like?
Faye: Ordinary. The kind of beautiful, dangerous ordinary that you just can't leave alone.
Jet: I see.
Faye: Like an angel from the underworld. Or a devil from Paradise.
--------------------------------------------
1 Karma Chameleon point

Scipio

Quote from: The Minsky Moment on May 26, 2009, 03:10:58 PM
Quote from: Scipio on May 26, 2009, 12:51:42 PM
Katzmann is a much better option, IMHO.

Another Moynihan guy, but I think the President was looking for someone sans penis.

My sole interest is in having my undergrad con law professor on the Supreme Court.  All else pales in comparison.
What I speak out of my mouth is the truth.  It burns like fire.
-Jose Canseco

There you go, giving a fuck when it ain't your turn to give a fuck.
-Every cop, The Wire

"It is always good to be known for one's Krapp."
-John Hurt

crazy canuck

Quote from: crazy canuck on May 26, 2009, 05:02:22 PM
Imagine if we had to appoint a member of the Sumpreme Court from a population of a few thousand.  Requiring someone to come from the Maritimes is bad enough.

Today is a particularly bad spelling day for me.  I am grateful I have a secretary who does all my work related typing.

Barrister

Quote from: crazy canuck on May 26, 2009, 05:02:22 PM
Imagine if we had to appoint a member of the Sumpreme Court from a population of a few thousand.  Requiring someone to come from the Maritimes is bad enough.

We have some outstanding jurists in the North. :angry:

And some pretty good trial lawyers too... :whistle:
Posts here are my own private opinions.  I do not speak for my employer.

Habbaku

Quote from: Barrister on May 26, 2009, 03:21:35 PM
The issue of language is also pwoerful - there was a minor controversy over whether apppointees must be know French.

Quote from: Barrister on May 26, 2009, 06:29:56 PM
We have some outstanding jurists in the North. :angry:

And some pretty good trial lawyers too... :whistle:

Are any of them fluent in English?
The medievals were only too right in taking nolo episcopari as the best reason a man could give to others for making him a bishop. Give me a king whose chief interest in life is stamps, railways, or race-horses; and who has the power to sack his Vizier (or whatever you care to call him) if he does not like the cut of his trousers.

Government is an abstract noun meaning the art and process of governing and it should be an offence to write it with a capital G or so as to refer to people.

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Faeelin

#87
Quote from: Berkut on May 26, 2009, 01:44:03 PM
Quote from: Faeelin on May 26, 2009, 01:20:27 PM
Quote from: Faeelin on May 26, 2009, 11:34:13 AM
Nope. But I don't thinks she's arguing that. I think she's pointing out that the traditional interpretation of the law has been skewed by the fact that the majority of judges are old white men; which is hard to dispute.


It is hard to dispute that the majority of judges are "old white men", but it is trivial to dispute that this has resulted in the law being "skewed".

I have no problem with old white, black, or light brown women being judges at any level - the idea that their race or gender is valuable outside their competence however, is exactly the opposite of what judges ought to be.

I dunno. I guess I'm just having trouble recognizing the law as being this abstract thing judges can find by waving their hands. Look at the disagreements on the Supreme Court as it stands now. Does anybody think Ginsburg's opinion in gender discrimination cases isn't colored by her experiences?

Scipio

Quote from: alfred russel on May 26, 2009, 05:10:30 PM
Quote from: crazy canuck on May 26, 2009, 05:02:22 PM
Imagine if we had to appoint a member of the Sumpreme Court from a population of a few thousand.  Requiring someone to come from the Maritimes is bad enough.

I think that is how we ended up with Clarence Thomas.  :(
The justice from the South?
What I speak out of my mouth is the truth.  It burns like fire.
-Jose Canseco

There you go, giving a fuck when it ain't your turn to give a fuck.
-Every cop, The Wire

"It is always good to be known for one's Krapp."
-John Hurt

Razgovory

Quote from: Scipio on May 26, 2009, 06:57:27 PM
Quote from: alfred russel on May 26, 2009, 05:10:30 PM
Quote from: crazy canuck on May 26, 2009, 05:02:22 PM
Imagine if we had to appoint a member of the Sumpreme Court from a population of a few thousand.  Requiring someone to come from the Maritimes is bad enough.

I think that is how we ended up with Clarence Thomas.  :(
The justice from the South?

It's not well known, but Clarence Thomas was based on a character from "Gone with the Wind".
I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017