Comments on: Are The Justices Delaying The Ricci Decision?

By: Romeo13

Romeo13 — Mon, 15 Jun 2009 15:25:45 +0000

I think this Court will go down as one which Bowed to political expediency on more than one occasion.

They would NOT take up the case of Obama’s dual citizen status, and the Natural Born Citizen Clause.

They would NOT take up the blatant violation of Bankruptcy laws in the Chrysler case.

They would NOT take up whether TARP was constitutional (it was in the same Chrysler case).

Now, delaying the announcment of a decision so Soto does not have to answer for it during her confirmation hearings? which the Dems and the Precedent are trying to hurry though?

I can see that they may think that NOT supporting the administration could send us into Consitutional Chaos… but it also means that one major check on the system is now gone.

By: Legal Insurrection

Legal Insurrection — Mon, 15 Jun 2009 02:04:38 +0000

UPDATE: While the Supreme Court Term ends September 5, 2009, it is the practice of the Court to issue decisions by the end of June. So normally the Court would render a decision soon, which makes Ginsburg’s comment about Ricci being one of the last decisions to be released strange. We’ll see if the normal practice holds, in which case the Ricci decision will be known by mid-July.

By: Wethal

Wethal — Mon, 15 Jun 2009 01:26:10 +0000

Steven Den Beste on June 14, 2009 at 8:09 PM

I think they can hold the hearings while he’s still in office.

And just becauwe they start the hearings on July 13, doesn’t necessarily say how long they’ll go. The GOP senators want more documents. And they can stall it by refusing the one GOP vote she needs to get out of committee. It’s likely some squish (Graham, Hatch, Grassley) would ultiamtely be that vote, but they might hold off and let the rest of the GOP ask all the questions they want.

She told DeMint in her meeting with him that she didn’t think the Second Amendment applied to the states. That should get interesting.

By: Steven Den Beste

Steven Den Beste — Mon, 15 Jun 2009 01:09:07 +0000

Sotomayer can’t be confirmed until after Souter resigns. Is he planning on resigning before this session ends? That seems unlikely.

So unless he resigns before the Ricci decision is announced, it’s going to precede Sotomayer’s hearings, won’t it?

By: AZCoyote

AZCoyote — Mon, 15 Jun 2009 01:00:19 +0000

The (possible) silver lining in this story: It it’s true that the SCOTUS is holding back the Ricci opinion in order to not damage Sotomayor’s confirmation chances, that would seem to indicate that they’re going to reverse her.

That is good news for anyone who cares about fairness. The white and hispanic firefighters who achieved the highest scores on the promotions tests were treated outrageously — and all because some loudmouth black “activists” were making threats, and the spineless politicians in New Haven didn’t have the stones to stand up to them and do the right thing.

I just hope Scalia got to write the majority opinion — and I hope he let all the offending parties (New Haven, the district court, and the Second Circuit weenies) have it with both barrels.