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View Diary: Federal Judge to Supreme Court majority: STFU (170 comments)

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  •  It's the argument, not the man. (18+ / 0-)

    The question here is not whether Judge Kopf has an unblemished record of personal rectitude.  The question is whether he's right about the issue he's addressing.  Personally, I think he makes a really good point here.

    You may disagree with his views on the attire of female attorneys in the courtroom.  But I don't see how they're relevant to his arguments about either the Hobby Lobby case in particular or the Supreme Court in general.

    "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

    by FogCityJohn on Mon Jul 07, 2014 at 10:25:08 AM PDT

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    •  Oh, I completely agree. (9+ / 0-)

      His argument on Hobby Lobby is not affected whatsoever by his past record of controversial statements. All I'm saying is that we ought to be cautious about turning Kopf, the man, into a cause celebre.

      •  Yeah, We don't want to pull a republican move... (1+ / 0-)
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        such as endorsing a racist freeloading insurrectionist as being "A stand up Guy" (not this Judge, I am referring to the little love fest that went on on Fox news that took place the first few days of that nutter cattle humper in Nevada's antics.)

    •  I'd agree with his views wholeheartedly, (4+ / 0-)

      if it were anonymous, but I'm not completely comfortable with a federal judge writing these things, in this language.

      Judge Posner had the Wheaton/Notre Dame cases in the 7th Circuit, and was right at the line of what a federal can get away with re disdain for arguments claiming religious observance substantially burdened by filling out a paperwork certification.  

      Difficult, difficult, lemon difficult.

      by Loge on Mon Jul 07, 2014 at 10:53:03 AM PDT

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      •  Should be disdain (4+ / 0-)

        Hobby Lobby was a temper tantrum argument.

        We the five year olds are throwing a temper tantrum.  Therefore, we get special treatment.

        Wheaton is the Our temper tantrum worked.  Now, how much more can we get away with? case.

        Absolutely ridiculous for them to complain about filling out a form.  Total Bullshit.  Rule 11 sanctions should have been imposed on the people making that argument.  Anything less than that was too kind.

        “Everyone is ignorant, only on different subjects.” ― Will Rogers

        by MugWumpBlues on Mon Jul 07, 2014 at 11:21:43 AM PDT

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        •  Which explains Roberts' vote on the ACA...if only (1+ / 0-)
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          there were a mole with a tape recorder at those Conservative Supreme Court Justices and ALEC/KOCH/Federalist Society confabs.

          Robber Baron "ReTHUGisms": John D. Rockefeller -"The way to make money is to buy when blood is running in the streets"; Jay Gould -"I can hire one half of the working class to kill the other half."

          by ranton on Mon Jul 07, 2014 at 01:51:32 PM PDT

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      •  Well, he has taken senior status. (5+ / 0-)

        So he's no longer in active service, although he may still be hearing cases.

        Ordinarily, I'd agree with your point of view wholeheartedly, but I think all of us (including lawyers like you and me) need to adjust our thinking to account for the new reality the Roberts Court represents.  In my view, the five Republicans on the current Supreme Court have so politicized the court's decision making that their decisions no longer deserve the kind of respect traditionally accorded to opinions of the Supreme Court.  This majority is barely bothering to pretend anymore.  Its decisions are so driven by politics that it's often hard to find a principled rationale for them.  

        As the Court moves farther from anything resembling neutral decision making, and as its conservative members increasingly flaunt their right-wing political sympathies, we have to expect new and different kinds of criticism.  That includes criticism from those who'd normally have been expected to bite their tongues.

        Just my two cents.

        "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

        by FogCityJohn on Mon Jul 07, 2014 at 03:51:40 PM PDT

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        •  I don't disagree, (0+ / 0-)

          I just think a district judge on senior status can do better than "the kids . . ." in terms of substantive critiques.  This cat made himself the story and as a federal judge, he should try not to send the institution further into rebuke.  I'm not offended like some are, I just think he should have found other ways.  Arguably, the 5 heeded his advice in upholding a stay in he Wheaton case, and that's even worse a decision than H.L. v. Burwell.

          Difficult, difficult, lemon difficult.

          by Loge on Mon Jul 07, 2014 at 05:32:59 PM PDT

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          •  I agree on the language part. (1+ / 0-)
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            The STFU was a bit much, even by the standards of the Internets.

            As for the disrepute of the Supreme Court, I don't think Kopf's criticism will do much one way or the other.  The Court is opening itself to this kind of critique because it's chosen to use its power to push a conservative political agenda.  It can stop anytime it wants.

            To paraphrase the Chief Justice, the way to stop outrageous criticism is to stop issuing outrageous decisions.

            "Ça c'est une chanson que j'aurais vraiment aimé ne pas avoir écrite." -- Barbara

            by FogCityJohn on Tue Jul 08, 2014 at 09:51:10 AM PDT

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            •  He's been watching (1+ / 0-)
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              He's been watching too much TV  and thinks he is Job Stewart or Steven Colbert---probably not Jimmie Fallon.

              But yeah--he DID get the attention of a whole lotta folks who KNOW what this means AND would prob have paid NO attention to him using older and more sedate phrases.

              So on that score--a WIN for getting "The kids" attention=--

              And that used to be the old David Letterman phrase BTW.

    •  Agreed FCJ nt (0+ / 0-)

      I voted Tuesday, May 6, 2014 because it is my right, my responsibility and because my parents moved from Alabama to Ohio to vote. Unfortunately, the republicons want to turn Ohio into Alabama.

      by a2nite on Mon Jul 07, 2014 at 11:04:48 AM PDT

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